HomeMy WebLinkAbout23- Ordinances 2134 - Ordinance Title Unknown DocuSign Envelope ID:0008E820-7714-4FB3-BFD2-4006FE9747C7
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ORDINANCE NO. 2134
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTER 18, ARTICLE 5 (FIREWORKS) OF THE
BOZEMAN MUNICIPAL CODE, PROHIBITING THE SALE AND DISCHARGE OF
FIREWORKS WITHIN THE CITY LIMITS OF BOZEMAN WITHOUT A PERMIT AND
PROHIBITING THE DISCHARGE OF FIREWORKS IN COUNTY ENCLAVES
WHOLLY SURROUNDED BY THE CITY LIMITS OF BOZEMAN WITHOUT A
PERMIT.
WHEREAS,pursuant to its Charter,the Montana Constitution,and state law,the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance; and
WHEREAS, pursuant to §7-33-4206, MCA the City Commission has the power to
regulate or prohibit the building of bonfires or the explosion, use, or selling of fireworks,
firecrackers, torpedoes, other pyrotechnics, or toy pistols or guns within the city; and
WHEREAS,pursuant in part to §7-32-4302, MCA, the City Commission has power to
prevent and punish loud noises and acts or conduct calculated to disturb the public peace within
the city and within 3 miles of the limits thereof, and
WHEREAS,pursuant to §50-37-102, §50-37-107, and§50-37-108,MCA, supervised and
permitted firework displays are authorized with proper insurance; and
WHEREAS, the City Commission finds the discharge of fireworks has negative health
and environmental consequences, endangers property,increases the risk of fire,disturbs the peace,
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and further recognizes the loud noise of fireworks have a significant impact on the elderly, active
and former service members, and pets and wildlife. As such, the City Commission determines, to
protect the general health,safety and welfare of the citizens of Bozeman,a legitimate governmental
interest exists in prohibiting the sale and discharge of fireworks within the city limits and
prohibiting the discharge of fireworks within county enclaves wholly surrounded by property
within the city limits of Bozeman.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN,MONTANA:
Section 1
That Chapter 18 Fire Prevention and Protection, Article 5 Fireworks be amended as
follows:
Sec. 18.05.010. -Definitions.
A. The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
1."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 dwn 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.
2. "County Enclave"means unincorporated property or properties wholly surrounded by
property within the city limits of Bozeman.
Sec. 18.05.020. -When this article does not apply.
A. This article shall not apply to:
1. Fireworks held or sold to a person possessing a valid permit under MCA 50-37-107,
and a valid permit issued by the fire chief for the purpose of conducting a supervised public
display of such fireworks.
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2. Fireworks used by railroads or other transportation agencies for signal purposes or
illumination.
3. 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.
4. Sparklers as described in American Pyrotechnics Association Standard 87-1.
Sec. 18.05.030. Sale and discharge of fireworks Prohibited.
A. No individual,firm,partnership,corporation or association shall possess for sale, sell,or offer
for sale any fireworks as defined herein within the ci , limits.
B. No fireworks may be discharged within the city limits without a permit as provided for in
Sec. 18.05.040.
C. No fireworks may be discharged within the county enclaves wholly surrounded by the city
without a permit as provided for in Sec. 18.05.040.
Sec. 18.05.0-40. Public display permitted when.
A. The fire chief and/or chief of police shall review and inspect all supervised public displays of
fireworks, including "display fireworks," by the municipality, fair associations, amusement
parks, or other organizations or groups of individuals upon completion of the necessary
application and submission of appropriate fees as may be established by resolution of the city
commission. A visual site inspection shall occur before any permit is issued. Submission of
the application does not guarantee issuance of a permit. All applications under this section
shall be made to the fire chief.
B. Each display shall must:
1. Be handled by a licensed, bonded pyrotechnic operator to be approved by the fire chief,
2. Be located, discharged, or fired such that the display, in the opinion of the fire chief,
shall not be hazardous to persons or property;
3. Clearly post a"NO SMOKING"warning within 50 feet of the staging and discharge area
established for the display, and no one may smoke within the defined area.
C. The application for a permit shall-must be made in writing at least 15 days prior to the date
of the display, and shall must contain, at a minimum:
1. A map of the proposed display venue, including the temporary storage site, the parking
and spectator viewing areas, the fireworks discharge point, location of structures and
roads, streets, and alleys within a 1,000-yard radius, overhead obstructions or other
hazards;
2. The name of the licensed and bonded pyrotechnic operator along with the operator's
qualifications, training and experience, and the names of any assistants for the event;
3. The location of all fire hydrants, water spigots or other access points for water, and all
other fire retardants or extinguishers available at or near the venue;
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4. Proof of general liability insurance specifically including coverage for firework displays
in an amount acceptable to the city, and which includes the city as an additional insured;
5. The name of the association, entity, organization or group and its organizing or
supervising board or responsible parties for the event;
6. A complete list of the fireworks intended for use in the display together with their
projectile range, if any;
7. The location, date and time of the display and written consent from the landowner; and
8. A detailed safety plan for the event.
D. Only upon inspection and issuance of the permit, and only then-, sales, possession and shall
use of fireworks for such display as detailed in the permit sh-a4 be lawful. for that puTose
E. Following the public display, the organizers and the pyrotechnic operator shall be are
responsible for clean-up of the display site,including disposal of all discharged fireworks and
all non-discharged or "dud" fireworks in a safe manner.
F. No permit issued under this article may be transferred. shall be sttbjeet to,f.,,,sror
G. T4}is A permit issued under this article may be revoked by the fire chief at an•• time any
of the conditions under which the permit was granted change, when a hazardous condition is
determined to exist, or when, in the best judgment of the fire chief, such permit must be
withdrawn in the interests of public safety. The fire chiefs may revoke a permit issued
under this article for a iiieltide violation of any rule, regulation or requirement of this article.
retail,See. 18.05.040. Sale and discharge of fir-eWOFkS-.
A. NE)individtial,f4m,partnership,eer-per-a4i ition shall pessess fer-sale, sell,er-e
for- sale, at >
exeept
as i fle lly p idea i this ar-t ell
it or- eonse to the possession or- disehar-ge of fireworks by any ehild tmder- the age of
.4y within the eity lifnits shall be pr-ifna faeie evidence of the knowing peffnission Of
B. No parent, gttafdian or- eustedian of any ehild tmder- the age of major-ity shall knowingly
G. No fit:ewer-ks may be disehar-ged within the boundar-ies of or- within 300 feet of any P44ic-
park owned or- maintained by the eity withetA a publie display peffflit exeept as other-wise
.ded in this ar-tiele. NE) fireworks may be di sehar-ged upon any publie street, alley, read
or-right of way, exeept as oth i � *led in this affiele.No fireworks may be disehafged
within 1,000 feet of any hospital, . — Isisted living f4eility. No fireworks may be
disehafged:�mder-or-upon a metef vehiele, whether-moving or-not, or-within 300 feet of a-By
gas station, gas, oil or-pr-epane storage f4eility or- other- area whieh is highly flatnfnable*
Vie.
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when sueh diseharge is in a safe and sane manner, and limited to the july 4 holiday only,
2. Between 12.00 r r„lam, n an 1 •00 a.m. r„ly c•
"safeand for the New Yeat!'s Day holiday only from 11:00 p.m. Deeember 31 tintil 1.00 a.m. jantiafy-4-.
As tised in this subseetion, the phrase 2
endanger- life, limb of! propei4y of those in the area of the diseharge. Nothing in allowing the
diseharge of firewor4s within the eity limits relieves the individual, f4tq+i, pm4fiership, eor-Por-atio-fl-
or- assoeia4ion of its responsibility for any injury of damage eaused to individuals of-
the disehar-ge of the fireworks. Any > ,
partnership, eor-por-a4ion or- assoeiation's own tisk, and is not satietioned by this at4iele.-
neammea "
a4mang these
a. Praduees a shower-of eolot!and sparks that reach a maxinitini E)f 15 feet-,
n. May whistle "; "
e. is fiot designed to explede or-leave the ,
a. May be attached to a past of!tree; afid-
n Contains ttp t6 si3"dfive iti-s or tubes;
a. Spins,j when plaeed on the gFotmd;
b. Does not e-Xeeed a neighfeet when z`lisehur�'lcd; and
e. Does not tfavel later-ally mare than ten feet on a smooth suFface when disehafged;
NN,ofms snakes, paf4y peppef:s, tf:iek neisei er -'
5. Cei4ain mei4a-r-type aer-ial deviees and m-tilti shot eakes that are fetind aeeeptable by-the
fire ehief
F. When, in the opinion of the fire ehief, dfought or-other-eenditions exist whieh, whell eeffpw
with the disehaf:ge E)f fir-ewoFks, would pose a hazard to pef:sE)ns E)f: Pr-opffty, the fife 6hief
shall issue a ban on the disehafge of all fireworks ttiitil stieh time as the eandifiell eausing the
b eeases to exist.
G. Any ifidividual, >pai4nefship,
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H. The safe and sane disehafge of fir-ewofks in aeeor-danee with the provisions of this aftiele sha4
not be deemed a violation of ehapter 16, article 6.
Sec. 18.05.050. General liability insurance required.
A. An individual, firm, partnership, corporation or association planning a public display of
fireworks shall, in addition to the permit required in 18.05.040, provide proof of general
liability insurance specifically including coverage for firework displays in an amount
acceptable to the city attorney; and which includes the city as an additional insured.
B. Notice to the fire chief must be given ten days prior to any public display if any insurance
policy required under this article is cancelled or subject to non-renewal. Notice must be
provided by the permittee, the insurance carrier.
C. A copy of the insurance policy and applicable fireworks endorsements for any public display
must be filed with the city clerk and must indemnify the city against any damages to private
or public property, as well as any injuries to persons, which may be caused by or incident to
the public display.
D. Any individual, firm,partnership, corporation or association discharging fireworks without a
public display permit shall be deemed to be the responsible party and shall be liable for any
damages incurred as the result of such discharge. The individual, firm, partnership,
corporation or association insurance policy or policies maintained by the individual or entity
discharging the fireworks shall be subject to any claim as a result of such discharge resulting
in damage or injury.
Sec. 18.05.060. Enforcement and Confiscation.
A. Any police officer or firefighter may, in the enforcement of this article, seize, impound,
remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered
for sale, sold, or in the possession of any individual, firm, partnership, corporation or
association in violation of this article. Netiee of seizure and the reasons for- the seizure
B. Fireworks seized under this section may be disposed of in a safe and proper manner by the
police or fire department ten days after seizure.
C. Appeal of any seizu-Fe shall be filed with the ehief of pokee in writing within five working
days of the seiztffe. The deeision of the ehief of pokee on the appeal shall be final.
Sec. 18.05.070. Violation; penalty.
A. Sales and Public Display-Any individual, firm, partnership, corporation or association
violating the provisions of this article regarding the sale of fireworks or the requirements for
aapublic display of fireworks shall be guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than $1 nn nn e th $500.00 for-a first ens of
not less than $200.00 or-more than $500.00 fer- a seeend off-ense; and a fine of not less than
$300 nn o more than$500 nn f a thiror-d „l.sequert offenst. Each 4ay sale within the city
limits of a viel.,t: ,,, constitutes a separate offense. In the case of a violation by a firm,
partnership, corporation or association, the manager or members of the partnership or
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responsible officers or agents shall be deemed to be prima facie responsible,individually,and
subject to the penalty as provided.
B. Individual or private discharge of fireworks: Any individual violating the provisions of this
article regarding the discharge of fireworks shall be guilty of a misdemeanor, and upon
conviction, shall be punished by a fine of$500.00. Each discharge shall constitute a separate
offense. Unless the identity of the person discharging fireworks is otherwise distinguishable,
the owner(s) or tenant(s) of the real property from where the firework(s) were discharged
shall be deemed to be prima facie responsible for the discharge and subject to the penalty as
provided.
shall be efder-ed paid as restitution as a part of any convietion for-any violation.
C. Any damages caused or injuries sustained as a result of any violation of this article shall be
ordered paid as restitution as a part of any conviction for any violation.
ED. The court may order the reimbursement of costs of enforcement, investigation, fire
suppression services, and overtime related to a violation upon conviction.
Section 4
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 5
Savings Provision.
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. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 6
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
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Section 7
Codification Instruction.
The provisions of Section 1 shall be codified as appropriate in Chapter 18, Article 5 of
the Bozeman Municipal Code.
Section 8
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 18th day of Apri , 2023.
DocuSigned by:
H , t4L. ANDRUS
Mayor
ATTEST:
DocuSigned by:
Zt,'
ocuSig�neAd by::�'�' ., F• 883,E^'�
NhWE
City Clerk
FINALLY PASSED,ADOPTED,AND APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading at a regular session therefor held on the end day
of May 2023.
FDocuSigned by:
T'XV ANDRUS
Mayor
DocuSigned by:
ATTEST: s 'i�
Zu'
cuSigned by:
h.,
RYA^BPS...
City Clerk
APPROVED AS TO FORM:
L
igned by:
SAS
GREG SULLIVAN
City Attorney