A. It shall be unlawful to sell, transport or use any fireworks within the city, except as hereinafter provided.
B. The term "fireworks" shall mean and include any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives other than toy caps are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, sparklers or any other fireworks of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance. Nothing in this regulation shall be construed as applying to toy caps containing not more than twenty five one-hundredths (25/100) of a grain of explosive composition per cap and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of this state or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical or athletic events.
C. It shall be lawful for any individual, firm, partnership, corporation or association to possess for sale within the city, sell or offer for sale at retail or use within the city, the permissible fireworks enumerated herein and in compliance with the other conditions set forth in this chapter.
"Permissible fireworks", as that term is used in this chapter, shall be understood to mean those fireworks defined in section 50-37-105 Montana Code Annotated, specifically including, and being limited to, the following:
1. Helicopter type spinners, total pyrotechnic composition not to exceed twenty grams (20 g) in weight. The inside tube diameter shall not exceed one-half inch (½").
2. Cylindrical fountains, total pyrotechnic composition not to exceed seventy five grams (75 g) each in weight. The inside tube diameter shall not exceed three-fourths inch (3/4").
3. Cone fountains, total pyrotechnic composition not to exceed fifty grams (50 g) each in weight.
4. Wheels, total pyrotechnic composition not to exceed sixty grams (60 g) for each driver unit or two hundred forty grams (240 g) for each complete wheel. The inside tube diameter of driver units shall not exceed one-half inch (1/2").
5. Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed one hundred grams (100 g) each in weight.
6. Dipped sticks, the pyrotechnic composition of which contains any chlorate or perchlorate, shall not exceed five grams (5 g). Sparklers, the composition of which does not exceed one hundred grams (100 g) each.
7. Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half inches (1 1/2") in length or one-quarter inch (1/4") in diameter, total pyrotechnic composition not to exceed two (2) grains each in weight.
8. Whistles without report, total pyrotechnic composition not to exceed forty grams (40 g) each in weight.
9. Railway fuses, other fireworks used by railroads or other transportation agencies for signal purposes or illumination, truck flares, hand ship distress signals and illuminating torches. Total pyrotechnic composition of illuminating torches not to exceed one hundred grams (100 g) each in weight. (Ord. 381, 5-18-1987)
D. No person shall offer fireworks for sale to individuals at retail before June 27th and after July 4th in any year, as well as before December 29 and after 12:30 AM on January 1st in any year. Any person proposing to offer fireworks for sale shall first obtain a permit from the city fire chief, and all sellers of fireworks shall be subject to the provisions of this code relating to solicitors' permits
E. No fireworks may be offered for sale within three hundred feet (300') of a hospital or church or within two hundred seventy five feet (275') of a residence or any establishment selling or storing gasoline, kerosene, diesel fuel, any other similar highly flammable material or any explosive material of any nature.
F. It is unlawful for any individual, firm, partnership or corporation to discharge or cause to be discharged any permissible fireworks within one hundred feet (100') at a fireworks sales location, from inside or toward a motor vehicle, or in the vicinity of another person or group of people or any animal in a manner likely to expose them to the risk of injury.
G. Permissible fireworks may not be discharged before nine o'clock (9:00) A.M. or after eleven o'clock (11:00) P.M. June 27th to July 3rd and may not be discharged on any day on which it would be unlawful to sell such fireworks, except that fireworks may be sold or discharged until midnight (12:00) A.M. on July 4th and 12:30 AM on January 1st. Permissible fireworks may not be sold before nine o'clock (9:00) A.M. or after ten o'clock (10:00) P.M. June 27th to July 4th. (Ord. 584, 10-19-2020)