HomeMy WebLinkAboutOrdinance No. O11-06 ORDINANCE NO. 011-06
AN ORDINANCE AMENDING CHAPTER 8.16 TITLED "FIREWORKS" LOCATED
AT TITLE 8 OF THE LAUREL MUNICIPAL CODE.
WHEREAS, the City of Laurel desires to implement additional regulations regarding
fireworks within the City; and
WHEREAS, the City Council has determined that adopting the suggested amendments is
in the best interest of the City of Laurel as follows:
Sections:
8.16.010 Prohibited except in certain areas
8.16.020 Sale prohibited in City limits
8.16.030 Discharging dates and times
8.16.040 Possession illegal
8.16.050 Permissible fireworks
8.16.060 Littering illegal
8.16.070 Enforcement
8.16.080 Fireworks prohibited on all city or public property
8.16.010 Prohibited except in certain areas.
The discharge, firing or use of firecrackers, rockets, torpedoes, roman candles, or other fireworks
or substances designed or intended for pyrotechnic display or demonstration within the city is
prohibited; except as provided in this Chapter. previded Tthe mayor may at any time permit
a public display or fireworks under such conditions as he /she may prescribe.
(Prior code § 9.08.050)
8.16.020 Sale prohibited in City limits.
It is unlawful for any person to offer for sale, expose for sale, or sell at retail or wholesale, within
the corporate limits of the city, any fireworks of any nature whatsoever.
8.16.030 Discharaina dates and times
1. The discharge of Fireworks within the city limits of Laurel is prohibited except as follows:
A. July 2 from 8:00 a.m. until 11:59 p.m.;
B. July 3 from 8:00 a.m. until 11:59 p.m.;
C. July 4 from 8:00 a.m. to 12:30 a.m. on July 5; and
D. December 31 from 10 p.m. until 12:30 a.m. on January 1.
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2. The Mayor, or designee, shall determine if there are special circumstances that warrant the
discharge of fireworks not provided for in this section, and authorize such use if the
circumstance is community wide and of national, state and local significance.
3. Professional Fireworks Displays using display fireworks. Public displays of fireworks by a
licensed, bonded pyrotechnic operator are exempt from this section. Permits for any public
display by a licensed bonded pyrotechnic operator from the Mayor are required to conduct a
public fireworks display. "Display Fireworks" means an aerial shell, salute, flash shell, comet,
sky battle, mine, and any similar 1.3g (display fireworks) and 1.4g (consumer fireworks)
explosive as defined by the U.S. Department of Transportation in Part 173, Title 49, Code of
Federal Regulations.
8.16.040 Possession illegal
1. Possession of fireworks not allowed to be sold or discharged by the State of Montana are
illegal.
2. It shall be unlawful for any parent, guardian, or custodian of any child, the child being
age twelve (12) or younger, to permit or consent to the possession or discharge by the
child of any fireworks as defined herein, unless that parent, guardian or custodian be in
direct supervision of the child at the time of discharge. For purposes of this section
"direct supervision" means the overall direction and control of an individual and requires
the individual furnishing direct supervision to be present and immediately available to
furnish assistance while he or she is in possession of or is discharging any and all
fireworks. Direct supervision also requires the individual directly supervising to control
the application of flame or other means of discharge of the firework and must be no
greater than 10 feet away form the individual being directly supervised at time of the
firework's discharge.
8.16.050 Permissible fireworks
Shall be the same as those authorized by the State of Montana.
8.16.060 Littering illegal
It shall be illegal for anyone to leave debris from discharged fireworks on any public place
including but not limited to parks, sidewalks, streets, and alleys, or on private property not
owned by the individual discharging the fireworks.
8.16.070 Enforcement
1. City Police Officers shall enforce this ordinance.
2. Any Police Officer charged with enforcing this ordinance may;
A. Issue a Notice to Appear to Laurel City Court for violations of this Chapter;
and /or
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B. Seize fireworks that are offered for sale, sold, or in the possession of any
individual in violation of this chapter.
3. Any person who violates these rules and regulations shall be guilty of a misdemeanor and
subject to the following fines:
o 1st Offense - $250
o 2nd Offense - $350
o 3rd Offense and higher - $500
8.16.080 Fireworks prohibited on all city or public property
Fireworks may not be discharged in or on any park, city or public property.
This Ordinance shall become effective thirty (30) days after final passage by the City Council
and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
April 5 , 2011, by Council Member Mace
PASSED and ADOPTED by the Laurel City Council on second reading this 17th day
of May , 2011, upon motion of Council Member Poehls
APPROVED BY THE MAYOR this 17th day of May 2011.
CITY • LAUREL
enneth E. Olson, Jr. , or
ATTEST:
c (C L / ( 1L L) �LG
Shirley Ewan, Clerk- Treasurer
pproved as to fo
„JU iv lir
Sam Painter, Legal Counsel
Elk River Law Office, P.L.L.P.
011 -06 Fireworks