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FIREWORKS: Includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and includes skyrockets, roman candles, helicopters, daygo bombs, blank cartridges, toy cannons, toy canes or toy guns in which explosives other than toy paper caps are used; the type of balloons which require fire underneath to propel the same; firecrackers, torpedoes, sparklers or 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 section shall be construed as applying to toy paper caps containing not more than twenty five hundredths (0.25) of a grain of explosive composition per cap, nor 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 apply 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 ceremonials or theatrical or athletic events.
B. Public Displays; Permit And Insurance:
1. The city shall have the power to grant permits for supervised public displays of "fireworks", as defined herein, to be held therein by the city, fair associations, amusement parks and other organizations or groups of individuals.
2. Each such display shall be handled by a competent operator to be approved by the city fire marshal or by the city council and shall be of such character and so located, discharged or fired as, in the opinion of the chief of the fire department or such other officer as may be designated by the city council, after proper inspection, shall not be hazardous to property or endanger any person or persons.
3. Application for permits shall be made in writing at least fifteen (15) days in advance of the date of the display.
4. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only.
5. No permit granted under this section shall be transferable.
6. The city may require a policy of liability insurance in an amount deemed adequate by the city to ensure against those damages which may be caused either to a person or persons or to property by reason of the licensed display, and arising from any acts of the licensee, his agents, employees or subcontractors.
C. Sale And Discharge Time Limits:
1. Sales: It shall be lawful for an individual, adult, firm, partnership, corporation or association to possess for sale, sell or offer for sale at retail within the city limits those and only those permissible fireworks enumerated, described and defined in Montana code 50-37-105 between the hours of twelve o'clock (12:00) noon and eight o'clock (8:00) P.M. each day from July 2 through July 4 each year 1 .
2. Discharge: It shall be lawful for an individual, adult, minor child, firm, partnership, corporation or association to possess and discharge within the city limits those and only those permissible fireworks enumerated, described and defined in Montana code 50-37-105 between the hours of eleven o'clock (11:00) A.M. and ten o'clock (10:00) P.M. each day from July 3 through July 4 of each year.
D. Prohibited Acts:
1. Sales: It shall be unlawful for any individual, firm, partnership, corporation or association to possess for sale, sell or offer for sale at retail or discharge within the city any "fireworks", as defined herein, except as specifically permitted in this section.
2. Discharge: It shall be unlawful to discharge any "fireworks", as defined herein, within the boundaries and/or within the immediate vicinity of any city park that the city owns and/or maintains and all public thoroughfares and public rights of way.
3. Minors: It shall be unlawful for any parent, guardian or custodian of any minor child to permit or consent to the possession or discharge by the minor child in his charge or custody of any "fireworks", as defined herein, except as specifically permitted herein. Possession or discharge by any minor child of any fireworks within the city shall be presumed to be with the permission and consent of such parent, guardian or other person having the custody of such minor child.
4. Location: It shall be unlawful to offer for sale, expose for sale, sell at retail or wholesale or discharge any "fireworks", as defined herein, within three hundred feet (300') of any service station or other premises storing, handling, using or offering for sale distillations, or other combustible explosive petroleum products within the city limits.
E. Penalty: Any individual, firm, partnership, corporation or association violating the provisions of this section shall be punished by a fine of three hundred dollars ($300.00) for the first offense, and five hundred dollars ($500.00) for the second or subsequent offense, payable to the city, or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be deemed to be a separate offense. In addition, any individual, firm, partnership, corporation or association violating the provisions of this section shall be deemed to have committed a municipal infraction, the penalty for which is set forth in section 1-4-4 of this code. For each separate incident, the city shall elect to treat the violation as a misdemeanor or a municipal infraction, but not both. If a violation is repeated, the city may treat the initial violation as a misdemeanor and the repeat violation as a municipal infraction, or vice versa. (Ord. 14-01, 3-3-2014)
1. See also subsection 11-3-21F of this code.