Restrictions vary between cities, Flathead County

Fireworks already are for sale across Montana as the Fourth of July approaches, but what's legal to buy or shoot off in the Flathead Valley can depend on where you are.

For example, the sale and use of sky rockets, M-80s, Roman candles, bottle rockets, and sparkler bombs is banned throughout the state.

The sale of most other types of fireworks is allowed only from June 24 through July 5.

Restrictions are looser on the Flathead and Blackfeet Indian Reservations.

In Flathead County, buying, possessing and discharging legal fireworks is permissible in most areas outside city limits.

However, fireworks are forbidden in state parks, state forests, state recreation areas, Glacier National Park, the Flathead National Forest, and the Kootenai National Forest.

Over the holiday, the Flathead County Sheriff's Office will conduct a boat patrol in Flathead Lake to discourage the use of illegal fireworks on the public dock in Lakeside. Extra patrols also are planned in the Hungry Horse area, known for its raucous, non-sanctioned private fireworks displays, according to Undersheriff Pete Wingert.

Deputies and police are authorized to confiscate illegal fireworks, and violators if convicted could be fined up to $500 and incarcerated for up to six months.

Depending on the circumstances, the misuse of fireworks could result in more substantial criminal charges, Wingert said.

People using fireworks in such a way that "creates a substantial risk of death or serious injury" could face arrest for criminal endangerment, a felony. Anyone possessing a sparkler bomb could be arrested for possession of an explosive device, also a felony. Using fireworks to destroy property could result in an arrest for vandalism, which becomes a felony if the damage is more than $1,000.

Flathead County's fireworks regulations don't apply inside its three incorporated cities: Kalispell, Whitefish and Columbia Falls.

Each town has its own local ordinances governing the sale and use of fireworks.

In Kalispell, it is illegal to sell, possess for sale or discharge fireworks (including bottle rockets, Roman candles, cones, fountains, firecrackers, ground spinners, and smoke bombs) inside city limits.

"We just want everybody to have a safe, fun Fourth of July, which requires respecting your neighbors," Kalispell Police Chief Roger Nasset said.

Nasset said his department will conduct extra patrols to catch people driving under the influence of alcohol rather than those using illegal fireworks.

"But if we have to respond to the same residence or group of people multiple times, they will be cited and have their fireworks confiscated if it comes to that," Nasset said.

Sparklers, which burn at 2,000 degrees, are permitted by city ordinance but should only be used with adult supervision, according to the Kalispell Fire Department.

"Don't get innovative with your fireworks," said Nasset in reference to sparkler-bombs. "Use them the way they're supposed to be used."

Violators of the Kalispell ordinance could face as long as six months in jail and a $500 fine.

If sparklers are just too tame, Whitefish allows the sale, possession, and discharge of fireworks - except those prohibited by the state - between July 2 and July 4.

However, additional time restrictions apply. Fireworks can only be sold on those days from noon to 8 p.m. and they can only be discharged between 11 a.m. and 10 p.m.

And Whitefish still forbids fireworks use in city parks, public roadways, by minors and near gas stations. Violators of the Whitefish ordinance could face as long as six months in jail and a $500 fine.

In Columbia Falls, the sale and discharge of fireworks also is illegal. However, possession of fireworks is illegal only if that person is a minor. Violators of the city ordinance could face as long as 30 days in jail and a $100 fine.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com