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HomeMy WebLinkAboutOrdinance 04- 1612 Revises fireworks ordinance ORDINANCE NO. 1612 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 8.12 OF THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 8.12.0120, 8.12.020, 8.12.030, AND BY ADDING SECTIONS 8.12.040, 8.12.050., 8.12.060, 8.12.070; PROVIDING FOR REVISED DEFINITIONS, PROHIBITING THE SALE WITHIN THE CITY LIMITS AND ESTABLISHING REGULATIONS REGARDING THE DISCHARGE OF FIREWORKS. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Section 8.12.010 of the Bozeman Municipal Code be amended so that such section shall read as follows: "8.12.010 Sale, disGharge and use prohibited - [xGeptions. Fireworks Defined The sale at retail, discharge, firing or use of firecl ackers, rockets, torpedoes, Ramal I candles, or ot!'!er fire\)'orks or substances designed or intended for pyrotechnic display or denlonstration, and of toy pistols, tOy guns, canes, toy cannons, or other appliances using gunpowder, blank cartridges and caps containing c!'!lorate of potas!'! mixture, within the city of Dozeman, is pro!'!ibited; provided, that t!'!e director of public safety of the City may, at any time, in writing, perl'1'1it a public display of fireworks under sue!'! conditions, supervision, limitations and precautions /!IS he may prescribe and by propelly qualified persons, wit!'! due regard to the safety of persons and property. The term "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, 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 then, 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." Section 2 That Section 8.12.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "8.12.020 Removal of fireworks authol ized when. When this chapter does not apply The director of public safety M1ay, at his discretion, remove or have removed, Bt the owner's expense, all stock of firevvorks arid Brticles specified in Section 8.12.010 of this chapter, and any sirnilBr article or combustible exposed for SBle or held in stock in violation of this chapter. This chapter shall not apply to: A. Fireworks held or sold to a person possessing a valid permit under Section 50-37-107, MCA, and a valid permit issued by the Director of Public Safety or designee 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 twenty-five hundredths of a grain of explosive composition per cap." Section 3 That Section 8.12.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: "8.12.030 Violation - Penalty. Public Display Permitted When Any person, firm, corporation 01 association guilty of violating the prm,isions of this chapter shall, upon conviction, be punished by a fine in any sum not exceeding three hundred dollars, or by imprisonment in the county or city jail for not more than thirty days, or by both such fine and iIT,prisor,ment; and in CBse of violation or by ally firm, corporBtion or association, the mBnager or other person in charge shall, prima facie, be held responsible and be punished BS herein provided. A. The Director of Public Safety or designee may issue a permit for 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 - 2 - .. _. _u____..____ ..-.,...-.-. 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. B. Each display shall: 1. be handled by a licensed, bonded Pyrotechnic Operator to be approved by the Director of Public Safety or designee; 2. be located, discharged, or fired such that the display, in the opinion of the Director of Public Safety or designee, shall not be hazardous to persons or property; 3. clearly post a "NO SMOKING" warning within fifty (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 be made in writing at least 15 days prior to the date of the display, and shall 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. alleys within a 1000 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; 4. proof of general liability insurance 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. Upon inspection and issuance of the permit. and only then, sales. possession and use of fireworks for such display as detailed in the permit shall be lawful for that purpose only. E. Following the public display. the organizers and the Pyrotechnic Operator shall be 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. - 3 - --.------- ....-...-.., .-- F. No permit issued under this chapter shall be subject to transfer. G. This permit may be revoked by the Director of Public Safety or designee when 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 Director of Public Safety, such permit must be withdrawn in the interests of public safety, and may include violation of any rule, regulation or requirement of this chapter." Section 4 That the Bozeman Municipal Code be amended by adding a new Section 8.12.040, to read as follows: "8.12.040 Sale and Discharge of Fireworks 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. No fireworks may be discharged within the boundaries of or within three hundred (300) feet of any public park owned or maintained by the City without a public display permit except as otherwise provided in this chapter. No fireworks may be discharged upon any public street, alley, road or right-of-way, except as otherwise provided in this chapter. No fireworks may be discharged within 1000 feet of any hospital, nursing or assisted living facility. No fireworks may be discharged under or upon a motor vehicle, whether moving or not, or within 300 feet of any gas station; gas, oil or propane storage facility or other area which is highly flammable by nature. D. Subject to the limitations contained in this chapter, fireworks, as listed 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 which are not arterial streets or collectors when such discharge is in a safe and sane manner, and limited to the 4th of July holiday only: - 4 - -------- ------ 1. between 12:00 p.m. July 3rd and 12:00 a.m. July 4th; 2. between 12:00 p.m. July 4th and 1 :00 a.m. July 5th; 3. between 12:00 p.m. July 5th and 12:00 a.m July 6th.; and for the New Year's Day holiday only from 11 :00 p.m. December 31 st until 1 :00 a.m. January 1 st. As used in this part, "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 ordinance. 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 10 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 Director of Public Safety or designee. F. When, in the opinion of the Director of Public Safety, drought or other conditions exist which, when coupled with the discharge of fireworks, would pose a hazard to persons or property, the - 5 - .--.-.".- Director of Public Safety 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 ordinance 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 8, Chapter 30 of this code, otherwise known as the 'Noise Ord i nance' ." Section 5 That the Bozeman Municipal Code be amended by adding a new Section 8.12.050, to read as follows: "8.12.050 General Liability Insurance Required A. An individual, firm, partnership, corporation or association planning a public display of fireworks shall provide proof of general liability insurance in an amount acceptable to the City; and which includes the City as an additional insured. S. Notice to the City shall be given ten (10) days prior to any public display if any insurance policy required under this chapter is cancelled or subject to non-renewal. Notice shall be provided by the insured and the insurance carrier. C. A copy of the insurance policy for any public display shall be filed with the Clerk of Commission and shall 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." Section 6 That the Bozeman Municipal Code be amended by adding a new Section 8.12.060, to read as follows: - 6 - ---..---------- --.....-.-.--- "8.12.060 Enforcement A. The Department of Public Safety, specifically the Police Department and Fire Department, shall enforce the rules and regulations of this chapter. B. Any police officer or firefighter may, in the enforcement of this chapter, 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 chapter. Notice of the seizure and the reasons for the seizure shall be reported to the Director of Public Safety within 48 hours of the seizure. C. Fireworks seized under this section may be disposed of in a safe and proper manner by the Department of Public Safety ten days after seizure. D. Appeal of any seizure shall be filed with the Director of Public Safety in writing W:thl!l five working days of the seizure. The decision of the Director of Public Safety on the appeal shall be final." Section 7 That the Bozeman Municipal Code be amended by adding a new Section 8.12.070, to read as follows: "8.12.070 Violation. Penalty Any individual, firm, partnership, corporation or association violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100 or more than $500 for a first offense, a fine of not less than $200 or more than $500 for a second offense, and a fine of not less than $300 or more than $500 for a third or subsequent offense. Each day of a violation 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 responsible officers or agents shall be deemed to be prima facie responsible, individually, and subject to the penalty as provided. Any damages caused or injuries sustained as a result of any violation of this chapter shall be ordered paid as restitution as a part of any conviction for any violation. The Court may order the reimbursement of costs of enforcement, investigation, fire suppression services, and overtime related to a violation upon conviction." Section 8 ReDealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. - 7 - .......-.-.--.. Section 9 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. Section 10 Severability. If any portion of this ordinance or the application thereof to any person or circumstance 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 11 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular session thereof held on the 19th day April, 2004. ATTEST: ANDREW L. CETRARO, Mayor ROBIN L. SULLIVAN Clerk of the Commission PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof ATTEST: ~y~ ROBIN L. SULLIVAN Clerk of the Commission - 8 -