The Council finds:
(A) Pursuant to Section 60-2C-7 NMSA 1978, Permissible Fireworks, a municipality may regulate or prohibit the sale and use of fireworks known as aerial devices and ground audible devices.
(B) Fireworks that are considered "safe and sane" are those that do not fly or explode. Aerial devices and ground audible devices are not "safe and sane" firework devices. Once ignited, aerial devices (aerial shell kit- reloadable tubes, aerial spinners, helicopters, mines, missile-type rockets, multiple tube devices, roman candles, shells, and stick-type rockets) take an unpredictable flight pattern, and pose a significant fire hazard to vegetation and structures. They also possess a considerable injury potential to the user and general public. Ground audible devices (chasers and fire crackers) are disturbing to the public peace and possess a considerable injury potential to the user and general public.
(C) Should the city experience a fire that burns out of control in the Bosque or other open space areas, the flora and fauna in those protected areas are at great risk of sustaining devastating loss and/or destruction.
(D) Should the city experience a fire that burns out of control in populated areas, it may be necessary to evacuate and relocate affected residents.
(E) The 4th of July weekend presents a greatly increased fire risk because of the widespread use of fireworks.
(F) The outdoor recreation program for model rocketry is considered a great educational opportunity for city youths. The rocketry program has prepared young participants with lifelong skills such as, persistence, reading instructions, following directions, teamwork and basic science. Model rocket launches under this program are conducted with safety as a priority, under strict adult supervision, and only as permitted by the Fire Department.
(Ord. 2012-022; Am. Ord. 2015-030)