22 Mar Firework Ordinance – Effective April 19, 2025
ORDINANCE 2025-01
AN ORDINANCE REPEALING THE TOWN’S PROHIBITIONS ON FIREWORKS AND ESTABLISHING NEW PROHIBITIONS AND EXCEPTIONS FOR CERTAIN HOLIDAYS AND PROFESSIONAL DISPLAYS
WHEREAS, pursuant to M.C.A. § 7-33-4206, the Town Council for the Town of Cascade has the power to regulate or prohibit the building of bonfires or the explosion, use, or selling of fireworks, firecrackers, torpedoes, or other pyrotechnics within the Town; and
WHEREAS, pursuant to M.C.A. § 7-32-4302, the Town Council has the power to prevent and punish loud noises and acts or conduct calculated to disturb the public peace within the Town; and
WHEREAS, the Town Council finds the discharge of fireworks has negative health and environmental consequences, endangers property, increases the risk of fire, disturbs the peace, 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 Town Council determines, to protect the general health, safety and welfare of the residents of the Town, a legitimate governmental interest exists in prohibiting the sale and discharge of fireworks within the Town limits; and
WHEREAS, the Town Council desires to replace its existing ordinance found in Title 9, Chapter 9.08 to allow for limited exceptions to its fireworks provisions for holidays.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF CASCADE, the following shall be the Town’s Ordinance on Fireworks:
SECTION 1. Repealer. Title 9, Chapter 9.08 (Fireworks) of the Official Code of the Town of Cascade is repealed in its entirety.
SECTION 2. A new Title to be codified at Title 9, Chapter 9.08 (Fireworks) as follows:
Chapter 9.08 Fireworks
Sections:
9.08.010 Definitions.
9.08.020 Fireworks Sales Prohibited.
9.08.030 Discharge of Fireworks Prohibited.
9.08.040 Limited Holiday Waiver of Prohibitions on Fireworks Sales.
9.08.050 Limited Holiday Waivers of Prohibitions on Discharge of Fireworks.
9.08.060 Professional Fireworks Displays.
9.08.070 Violation; Penalty.
9.08.010 Definitions.
The term “fireworks” for purposes of this Chapter is consistent with state law, M.C.A. § 50-37-101, and means 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 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 them, firecrackers, torpedoes, sparklers or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance.
9.08.020 Fireworks Sales Prohibited.
The sale of any fireworks is hereby prohibited within the Town of Cascade, except as provided in Section 9.08.040.
9.08.030 Discharge of Fireworks Prohibited.
The discharge of fireworks within the limits of the Town of Cascade in any manner or means or for any purpose is prohibited.
9.08.040 Limited Holiday Waivers of Prohibitions on Fireworks Sales.
With a valid permit issued by the Town of Cascade, fireworks may be sold within the Town of Cascade from June 27th through July 5th from 8:00 a.m. to 12:00 a.m.
9.08.050 Limited Holiday Waivers of Prohibitions on Discharge of Fireworks.
Fireworks may be discharged within the Town of Cascade only on private property during the following times:
- Between the hours of 8:00 a.m. and 12:00 a.m. from July 2nd through July 4th; and
- Between the hours of 11:30 p.m. on December 31st to 12:30 a.m. on January 1st.
Fireworks may not be discharged in any Town park or on any public sidewalk, street, public right-of-way, public easement, or alley.
9.08.060 Professional Fireworks Displays, Permits.
Public displays of fireworks by a licensed, bonded pyrotechnic operator with a valid permit from the Town are exempt from the prohibitions of this Chapter.
If someone not licensed and bonded would like to display fireworks on Town property, Special Events Insurance must be provided with the Town of Cascade as an additional insured.
Application for a fireworks permit shall be made to the Town on a form established by a resolution of the Town Council and submitted for review no less than fourteen (14) days prior to the date of the event. The applicant for a fireworks permit shall pay the Town for the issuance of the permit an amount prescribed by a resolution of the Town Council.
9.08.070 Violation; Penalty.
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