5-1-2: PARACHUTE JUMPING AND THE LANDING OF AIRCRAFT WITHIN THE CITY:

   A.   No person may make a parachute jump, and no pilot in command of an aircraft may allow a parachute jump to be made from the aircraft within the limits of the City unless approval for such jump has first been obtained from the City Manager.

   B.   No pilot in command of any aircraft or balloon shall land the same within the confines of the City, except at the City-County airport or the landing pad at any hospital without having first obtained the approval of the City Manager.

   C.   No person may soar, glide or sail in the air with any nonengine driven infernal device or machine attached to his body by means of a harness within the confines of the City unless specific approval for such activity has been obtained from the City Manager.

   D.   The provisions of this chapter shall not be deemed to prohibit the landing of any parachutist, aircraft or balloon within the confines of the City if an actual emergency exists which reasonably requires such landing. (Ord. 3238, 1-8-2018)

5-1-3: FIREARMS AND OTHER WEAPONS; DISCHARGE; EXCEPTIONS:

   A.   As used in this chapter, the term "firearm" means any weapon that can discharge a projectile by way of an explosive charge.

   B.   Except as provided in sections 5-1-3(C) and 5-1-3(D), it is unlawful for a person to:

      1.   Carry on or about their person an unconcealed firearm or air gun in a publicly owned and occupied building under the City of Helena's jurisdiction; or

      2.   Discharge any firearm, air gun, slingshot, bow, or crossbow within city limits.

   C.   The following people are exempt from every prohibition set forth in section 5-1-3(B):

      1.   A peace officer who is engaged in the discharge of the official duties of their employment;

      2.   A member of the United States Armed Forces who is engaged in the discharge of the official duties of their employment;

      3.   An armed carrier service employee, private security guard, government agent, government contractor, or government employee who is engaged in the discharge of their official work duties and is required to carry the weapon in question as a part of those duties; and

      4.   A person summoned to the aid of any person named in sections 5-1-3(C)(1) through 5-1-3(C)(3).

   D.   The following people are exempt from the prohibition set forth in section 5-1-3(B)(1):

      1.   Persons participating in hunter or gun safety classes sanctioned by the Montana Department of Fish, Wildlife and Parks; and

      2.   Persons participating in or attending a legitimate display of unloaded firearms at shows or other public occasions put on by collectors or others. (amd. Ord. 3286, 1-11-2021)

5-1-4: SMOKING PROHIBITED IN CERTAIN PLACES:

   A.   It shall be unlawful to perform the following acts: permitting a spark or sparks from a lighted cigar, cigarette or pipe to fall upon or into anything inflammable; placing any lighted smoking material on or about or in close proximity to any flammable article or articles; falling asleep with lighted smoking material of any kind at hand; throwing lighted smoking material out of a window or into an elevator pit or elsewhere other than in a proper receptacle therefor; dropping a lighted cigarette or cigar or part thereof into a mail chute in any building; failing to extinguish the fire of a match or any kind of lighter device after use of the same; failure to destroy the lighted part of a cigar or cigarette when disposing of it; failure to destroy the burning smidgen or smidgens of tobacco from a pipe when cleaning or unloading a pipe.

   B.   Smoking may not occur within a reasonable distance of an indoor public place such that tobacco smoke may enter through its entrances, windows, ventilation systems or other accesses and circulate to nonsmoking areas. (Ord. 3251, 5-20-2019)

5-1-5: FIREWORKS PROHIBITED:

   A.   It shall be unlawful for any person to shoot, fire, buy, sell at retail, fireworks of any kind or other devices for firing fireworks of any kind within the City limits of the City; provided, however, that this chapter shall not pertain to professional fireworks displays supervised by a pyrotechnician. It shall be unlawful for any person to possess fireworks of any kind, or devices for firing fireworks of any kind, within the City limits unless the following conditions are met:

      1.   The person possessing said fireworks is eighteen (18) years of age or older.

      2.   The retail value of the fireworks in said person's possession does not exceed the sum of fifty dollars ($50.00).

      3.   Said fireworks are possessed by said person during the period of time that the State allows fireworks to be sold at retail to the public.

   B.   The storage or sale of fireworks at wholesale is prohibited except by permit from the commission issued for a period of one year. Application for a permit must be filed with the Fire Chief of the City at least thirty (30) days prior to issuance of the permit, and said application must give detailed description of the proposed care and storage of said materials, and of the structural condition and occupancy of the building to be used for storage.

Permits for the storage or sale of fireworks at wholesale may be issued only after inspection of the premises by the Fire Chief or his authorized agent who shall file with the commission and with the Fire Department a certificate of approval or disapproval and the reasons therefor. (Ord. 3238, 1-8-2018)

5-1-6: PENALTY:

Any person convicted of a violation of any provision of this chapter shall be fined in a sum not to exceed five hundred dollars ($500.00). (Ord. 3238, 1-8-2018)