City of Belgrade

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ORDINANCE NO. 2003 - 4

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELGRADE, MONTANA, ADOPTING PROVISIONS RESTRICTING THE SALE AND USE OF FIREWORKS WITHIN THE CITY LIMITS OF THE CITY OF BELGRADE, AND REPEALING ALL OTHER ORDINANCES IN CONFLICT THEREWITH.

BE IT ORDAINED by the City Council of the City of Belgrade, Montana:

The provisions of Belgrade Municipal Ordinance 9.02.040 are hereby repealed.

The following provisions are hereby adopted as Chapter 9.03 of the Belgrade Municipal Ordinances, and shall be entitled "FIREWORKS".

Section 9.03.010 Fireworks - Sale and Discharge Prohibited. It shall be unlawful for any adult individual, minor child, firm, partnership, corporation or association to possess for sale, sell or offer for sale, at retail, or discharge within the City of Belgrade, any fireworks, as defined herein, except as specifically permitted herein.

Section 9.03.020 - Permitting Minor - Prohibition. 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 of Belgrade shall be presumed to be with the permission and consent of such parent, guardian, or other person having the custody of such Minor child.

Section 9.03.030 - When Sale of Fireworks Permissible. It shall be lawful for an adult individual, firm, partnership, corporation or association to offer for sale, expose for sale, sell at retail or wholesale, within the City of Belgrade, those and only those permissible fireworks enumerated, described and defined in Section 50-37-105, MCA, between the hours of 9:00 A.M. and 10:00 P.M., each day, from June 24 through July 5 and December 29 through December 31 of each year. A copy of the City of Belgrade Fireworks Ordinance requirements shall be posted in a conspicuous location at all sites offering fireworks for sale.

Section 9.03.040 - Prohibition of Discharge of Fireworks. It shall be unlawful to discharge at any time any fireworks, as defined herein, within the boundaries of any City park that the City owns and/or maintains. In addition, it is unlawful to discharge at any time any fireworks, as defined herein, within the boundaries of any properties under the ownership and/or control of Belgrade School District # 44.

Section 9.03.050 - When Fireworks Discharge Permissible. It shall be lawful for an adult individual, minor child, firm, partnership, corporation or association to possess and discharge within the City of Belgrade, those and only those permissible fireworks enumerated, described and defined in Section 50-37-105, M.C.A., between the hours of 10:00 A.M. and 11:00 P.M., each day, from July 1 through July 5 and on January 1 from 12:00 Midnight to 1:00 A.M, of each year.

Section 9.03.060 - Fireworks Defined. "Fireworks" means and 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 of flammable compound or any tablets or other device containing any explosive substance. Nothing in this chapter shall be construed as applying to toy paper caps containing not more than twenty-five hundredths 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 applying to the military of 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.

Section 9.03.070 - Public Display Permit.

A. The City Council shall have the power to grant permits for supervised public displays of fireworks, as defined herein, to be held at any time and at any location within the City of Belgrade by the City, fair associations, amusement parks and other organizations or groups. Applications must be approved by the City Fire Marshall and Chief of Police and issued by the City Manager.

B. Application for permits shall be made in writing at least fifteen (15) days in advance of the date of the display.

C. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only.

D. No permit granted under this section shall be transferable.

E. The permit holder shall have liability insurance in the minimum amount of $1,000,000 to insure against those damages which may be caused either to a person or persons or to property by reason of the fireworks display, and arising from any acts of the licensee, his agents, employees, or subcontractors. The City of Belgrade shall be named as an additional insured under the policy. Proof of insurance shall be provided to the City before the permit is issued.

Section 9.03.080 Violations - Penalty. Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punishable as provide in Section 1.08.010 of this Code. It is the intent of the City Council that the criminal offenses listed in this chapter be offenses involving legislative intent. Those offenses shall not require proof of any one of the mental states described in subsections (33), (37) and (58) of Section 45-2-101, M.C.A. (2001).

Section 9.03.090 Repeal of Conflicting Ordinances. All resolutions, ordinances and sections of the Belgrade Municipal Code and parts thereof in conflict herewith are hereby repealed.

Section 9.03.100 General Provisions. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. If any portion of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable.

Section 9.03.110 Effective Date. This ordinance shall become effective thirty (30) days after final passage by the City Council of the City of Belgrade, Montana.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELGRADE, MONTANA, THIS 5TH DAY OF MAY, 2003.


Robert J. Retterath
Deputy Mayor

ATTEST:

Marilyn Foltz
Director of Finance and Records