For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS. Means and includes any combustible or explosive composition or any substance, combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation and includes, but is not limited to, sky rockets, roman candles, dago 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 them, firecrackers, torpedoes, sparklers or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablet or other device containing any explosive substance. This definition includes items which contain even small amounts of silver fulminate, potassium nitrate, ammonium perchlorate or other chemical or pyrotechnical composition intended to produce a pyrotechnic event or effect, even if not classified as a “hazardous material” under federal regulation. (Ord. 365, passed 12-3-2018)
(A) No individual, firm, partnership, corporation or association shall possess for sale, sell or offer for sale, at retail or discharge within the City limits, any fireworks, as defined herein, except as specifically provided in this chapter.
(B) No parent, guardian or custodian of any child under the age of majority shall knowingly permit or consent to the possession or discharge of fireworks by any child under the age of majority without proper supervision. Possession or discharge by any child under the age of majority within the City limits shall be prima facie evidence of the knowing permission or consent of such parent, guardian or custodian.
(C) The sale and/or discharge of fireworks within the City limits are prohibited by this chapter subject only to the exceptions stated herein, and are therefore deemed a public nuisance. Specifically:
(1) No fireworks may be discharged within the boundaries of or within 150 feet of any public park owned or maintained by the City without a public display permit except as otherwise provided in this chapter;
(2) No fireworks may be discharged upon any public street, alley, road or right-of-way, except as otherwise provided in this chapter;
(3) No fireworks may be discharged within 150 feet of any hospital, nursing or assisted living facility; and
(4) No fireworks may be discharged under or upon a motor vehicle, whether moving or not, or within 150 feet of any gas station, gas, oil or propane storage facility or other area which is highly flammable by nature.
(D) (1) Subject to the limitations contained in this chapter, fireworks, as listed in division (E) below, may be discharged within the City limits only on private property of the owner, or with the owner’s permission, or on paved City streets other than Main Street or 3rd Avenue South when such discharge is in a safe and sane manner, and limited to:
(a) Between 8:00 a.m. and 10:00 p.m. July 1 through July 3;
(b) Between 8:00 a.m. and 12:00 midnight July 4; and
(c) The New Year’s Day holiday only from 11:00 p.m. December 31 until 1:00 a.m. January 1.
(2) As used in this division (D), the phrase
SAFE AND SANE MANNER refers to actions which do not endanger life, limb or property of those in the area of the discharge. Nothing in allowing the discharge of fireworks within the City limits relieves the individual, firm, partnership, corporation or association of its responsibility for any injury or damage caused to individuals or property by the discharge of the fireworks. Any discharge, with or without a permit, is at the individual, firm, partnership, corporation or association’s own risk, and is not sanctioned by this chapter.
(E) Permitted fireworks are the following type of Class C “common fireworks” among those listed in federal law:
(1) A cardboard or heavy paper cylindrical tube or cone that:
(a) Produces a shower of color and sparks that reach a maximum of 15 feet;
(b) May whistle or pop; and
(c) Is not designed to explode or leave the ground.
(2) A pyrotechnic wheel device:
(a) May be attached to a post or tree; and
(b) Contains up to six “driver” units or tubes;
(3) Any device that:
(a) Spins, jumps or emits popping sounds when placed on the ground;
(b) Does not exceed a height of 15 feet when discharged; and
(c) Does not travel laterally more than ten feet on a smooth surface when discharged.
(4) Sparklers under 12 inches in length which do not have a magnesium make-up, glow worms, snakes, party poppers, trick noisemakers; and
(5) Certain mortar type aerial devices and multi-shot cakes that are found acceptable by the Fire Chief.
(F) When, in the opinion of the Volunteer Fire Chief, drought or other conditions exist which, when coupled with the discharge of fireworks, would pose a hazard to persons or property, the Volunteer Fire Chief shall issue a ban on the discharge of all fireworks until such time as the condition causing the ban ceases to exist.
(G) Any individual, firm, partnership, corporation or association discharging fireworks under this chapter shall, upon such discharge, be responsible for clean-up of the discharge site, including disposal of all discharged fireworks, all non-discharged or “dud” fireworks, and the associated debris from the discharged fireworks in a safe manner.
(H) The safe and sane discharge of fireworks in accordance with the provisions of this chapter shall not be deemed a violation of Title 4, Chapter 5. (Ord. 365, passed 12-3-2018)
This chapter shall not apply to:
(A) Fireworks held or sold to a person possessing a valid permit under M.C.A. § 50-37-107, and a valid permit issued by the Volunteer Fire Chief and/or the Mayor for the purpose of conducting a supervised public display of such fireworks;
(B) Fireworks used by railroads or other transportation agencies for signal purposes or illumination;
(C) The sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, for use by peace officers, or for use by official military organizations or organizations composed of veterans of the United States armed forces;
(D) Toy paper caps containing not more than 0.25 of a grain of explosive composition per cap; and
(E) Fireworks displays provided by the Volunteer Fire Department, or under the supervision of the VFD, provided the Fire Chief and the Mayor have obtained insurance coverage or an insurance rider relative to the display, and have developed a plan for the display, and the plans have been presented, either as a written plan or an oral presentation, by the Fire Chief to the City Council at the first Monday meeting of the Council prior to July 1st. (Ord. 365, passed 12-3-2018)
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