A. Display Restricted:
1. Dates; Hours Permitted: All displays of fireworks shall only be allowed on the following dates and times:
2. July 3- from the hours of 6:00 p.m. to 10:00 p.m.
3. July 4- from the hours of 6:00 p.m. to 12:00 a.m. on July 5.
4. December 31- from the hours of 10:00 p.m. to 1:00 a.m. on January 1.
5. Display Not Permitted: Except for the period of time described above, no person shall display fireworks of any kind within the town limits without a permit.
6. Location: Fireworks displays, without a permit, shall be prohibited within the boundaries of any public park or property owned or controlled by the town of Manhattan, this includes public streets and alleyways, other than on July 4, when displays shall be allowed on the residential nonarterial streets providing such use does not hinder the free use of the roadway.
Fireworks are permitted only on private property with permission of the landowner. The user of the fireworks shall immediately clean up any debris falling on public or private property. Failure to do so shall be considered a violation of this code and subject to the penalties as set out in section 1-4-2 of this code.
B. Permits For Supervise Public Displays Required:
1. Permit For Supervised Public Displays: The town may grant a permit for supervised public displays of fireworks to be held by municipalities, fair associations, amusement parks, and other organizations or groups of individuals upon application.
2. Application For Permit: The applicant shall submit an application for permit to the Manhattan police department at least thirty (30) days in advance of the date of the proposed display. The application shall include the name, address and telephone number of the applicant, the name of the group, the proposed location of the display and a contact person on the day of the display.
3. Permits Not Transferable: No permit granted under this section is transferable.
4. Display: Each display shall be handled by a competent operator who must be approved by the town. The display must be located as not to be hazardous to persons or property. The chief of the Manhattan police department must approve the proposed location. The permit shall contain a waiver of liability for the town.
5. Bond Required: A successful applicant shall obtain liability insurance coverage in the amount of $1,000,000 per occurrence for the event/display, shall name the Town as an additional insured on the policy and shall provide a copy of the certificate of insurance to the Town at least 10 days before the event/display. Further, the applicant shall indemnify, defend and hold the Town harmless from any claims, causes of actions, or complaints which arise out of applicant’s display or any other events surrounding the display.
C. Sales Permitted: It is unlawful for any person to offer for sale, expose for sale, or sell at retail or wholesale, within the corporate limits of the town, any fireworks of any nature whatsoever other than on June 30 to July 5 and December 31 of each year.
D. Types Of Fireworks Permitted: Permitted fireworks are class C fireworks, or common fireworks, as defined in sections 50-37-101 and 105, Montana Code Annotated. It shall be unlawful to compound fireworks, or use fireworks in any way other than their intended use. A violation of this section is subject to the penalties set out in section 1-4-2 of this code and also section 50-37-110, Montana Code Annotated.
E. Supervision Required: No parent of any child under the age of majority, eighteen (18), shall knowingly permit or consent to the possession or discharge of fireworks by any child under the age of majority within the city limits without adult supervision. No person under the age of majority shall possess or discharge fireworks without the permission or supervision of a parent or guardian. A violation of this section is subject to the penalties set out in section 1-4-2 of this code. (Ord. 300, 12-14-2004; amd. Ord. 11-001, 4-14-2011; Ord. 21-001, 3-11-2021)