Section 8.12.020 Fireworks unlawful--Exceptions.

A. It is unlawful for any person, persons, firm, organization, partnership, limited liability company or corporation to sell, give away, fire, discharge, shoot or have in possession any fireworks of any nature contrary to the laws of the state of Montana.

B. It is unlawful to sell, give away, or otherwise dispose of any permissible fireworks within the municipal limits of the city of Hamilton except during the periods from June 24th through July 5th and December 29th through December 31st of any years.

C. It is unlawful to shoot, discharge or fire any permissible fireworks within the municipal limits of the city of Hamilton except from:

• ten a.m. to ten p.m. June 24th through July 3rd

• ten a.m. to twelve p.m. (midnight) on July 4th

• 12:01 a.m. to one a.m. on July 5th

• ten a.m. to ten p.m. on December 29th through December 30th

• ten a.m. to twelve p.m. (midnight) on December 31st

• 12:01 a.m. to one a.m. on January 1st

D. It is unlawful to shoot, discharge or fire any permissible fireworks from any moving vehicles and/or within the city parks, cemetery, business districts or other city property.

E. Section 8.12.020(B) of this chapter shall not apply to supervised public fireworks displays presented under the specific license and permission of the city council.

1. Each supervised public fireworks display, regardless of the class of fireworks used in the display, shall be:

a. Handled by a competent operator, who must be approved by the state fire prevention and investigation program and the city council; and

b. Located, discharged, or fired so as in the opinion of the state fire prevention and investigation program or the chief of the fire department or other officer designated by the city council not to be hazardous to persons or property.

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

3. After the permit has been granted, sales, possession, use and distribution of fireworks for the supervised public fireworks display are lawful for that purpose only.

4. No permit granted under this section is transferable.

5. An indemnity bond shall be provided on behalf of the city by each supervised public fireworks display licensee in a sum not less than one million dollars ($1,000,000.00) for the payment of all damages either to persons or property by reason of the licensed display and arising from any acts of the licensee, the licensee’ s agents, employees or subcontractors. (Ord. 223 (part), 2003)