Lincoln County and Troy ban fireworks

The Lincoln County Board of Commissioners passed a resolution Tuesday morning banning the ignition of any open fire within the unincorporated areas of the county. The restrictions also prohibit the ignition of all fireworks in the county outside of the incorporated limits of cities within the county. The resolution, No. 938, went into effect at 12:01 a.m. Wednesday, July 1, 2015.

“I hated voting for it,” said Lincoln County Commissioner Mark Peck. “I grew up in Montana and love fireworks and the Fourth of July. I know what it means, economically, socially and culturally, but the danger we face now is unprecedented.”

Fireworks are already prohibited within the city limits of Eureka and Libby. The City of Troy passed a resolution Thursday afternoon banning the ignition of personal fireworks within Troy city limits as well. The bans will not impact the fireworks at the Troy Fourth of July celebration, Troy Mayor Darren Coldwell said.

“We’re not canceling the professional shows,” Coldwell said. “But we are prohibiting the personal use of fireworks in the city. We’re the only city in four counties that allow fireworks, we just don’t want to get inundated.”

Peck, a former fire officer and unit manager for the Montana Department of Natural Resources and Conservation, said the conditions present in Lincoln County are unprecedented and require extraordinary safety measures.

“Temperatures for the next several days are forecasted in the high 90s, combined with humidity levels in the teens,” Peck said. “With that and the possibility of winds, it’s a recipe for wildfire.”

Gwen Allen, owner of Yaak River Tavern, said she is disappointed in the decision but understands it. She is canceling her fireworks display.

“I understand it,” she said. “I don’t want to take a chance of lighting anything on fire. I am disappointed, we’ve got a lot of money invested in the fireworks and the event.”

Allen said the family events will go on as planned, with kids games starting at 11 a.m. A horseshoe tournament begins at 1 p.m. and smoked brisket barbecue will be available all day, also starting at 1 p.m. A trio from the band Run Boy Run will also be playing, beginning at 7 p.m. She said she hopes to be able to draw some people up for the rest of the event before they go to Troy for the community fireworks display, which has not been impacted by the county and city bans on fireworks.

“The band is great,” she said. “They’re a mix of country, celtic and bluegrass. They’re a fantastic band.”

Peck said he has received two calls from people opposed to the ban who questioned the legality of the commissioners’ decision. He cited Montana Code Annotated 7-33-2212 as the legal basis.

“(1) A board of county commissioners may designate areas on private land or on land that is not under the jurisdiction of a municipality or a state or federal agency as high fire hazard areas. (2) Except as provided in 87-3-106(2), in designated high fire hazard areas, the board may require all persons, firms, or corporations present or engaged in any activity in those areas to cease operations or activities or to adjust working hours to less critical periods of the day.”

Peck said that even though the commissioners were acting within the law and doing the right thing in order to protect the county and its residents, it was a difficult decision.

“It was a gut-wrenching vote,” he said. “It almost feels un-American. But, we’ve got unprecedented fire potential. The fuel indices are at mid- to late-August levels.”

Whitefish City, Lake County, Flathead County and the Flathead Indian Reservation have also passed bans on fireworks for this year. The Flathead County ban also cancels community fireworks displays, although the show over Whitefish Lake will go ahead as scheduled Saturday night.