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Fireworks restrictions vary across the valley

by NICHOLAS LEDDEN/Daily Inter Lake
| July 2, 2009 12:00 AM

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.

"Fireworks cannot be used in any forested areas," Flathead County Sheriff Mike Meehan said. "That means state land, U.S. Forest Service land or by John Q. Public with his 20 acres."

The sale and use of sky rockets, M-80s, Roman candles, bottle rockets and sparkler bombs are banned throughout the state, but most other types of fireworks can be sold only from June 24 through July 5.

Restrictions on what fireworks can be bought 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.

Meehan said people misusing fireworks - including sparkler bombs - could be charged with the reckless or malicious use of explosives, a misdemeanor. Property damage could result in additional charges.

"That's a real concern," said Meehan, adding that members of the Sheriff's Posse will be called on for additional manpower during the Fourth.

Deputies are planning extra patrols in the Hungry Horse area, known for its raucous, non-sanctioned private fireworks displays, and in Bigfork, Lakeside and Evergreen.

"We're gearing up for the Fourth of July like we always do," Meehan said. "Everybody works. No one's off."

The Montana Highway Patrol also will increase its presence on the Flathead Valley's roads throughout the holiday weekend.

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.

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.

"Generally, people are pretty mindful of their neighbors, but sometimes they get carried away," Kalispell Police Chief Roger Nasset said.

Illegal fireworks could be confiscated and the people setting them off cited, Nasset said. Officers also will be conducting extra DUI patrols throughout the weekend.

"We'll have out full shifts out," Nasset said. "We respond to quite a few calls throughout the weekend."

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.

"That represents a serious threat to children who can be seriously burned, or have an eye injury caused by sparklers," Assistant Kalispell Fire Chief DC Haas said. "Children's clothing can also be ignited by the hot sparklers."

Individuals can be held responsible for damage to property caused by fires started by fireworks, Haas said.

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 - from July 2 through July 4.

However, some 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 are 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