A. Definitions:
FIREWORKS: 1. Means:
a. Common Fireworks: Any fireworks devices suitable for use by the public that comply with the construction, performance, composition and labeling requirements promulgated by the United States consumer product safety commission in title 16, CFR, and that is classified as a class C explosive by the United States department of transportation.
b. Special Fireworks: Fireworks devices primarily intended for commercial displays which are designed to produce visible or audible effects by combustion, deflagration, or detonation including salutes containing more than one hundred thirty milligrams (130 mg) (2 grains) of explosive composition, aerial shells containing more than forty grams (40 g) of chemical composition exclusive of the lift charge and other exhibition display items that exceed the limits contained in the fireworks licensing and safety act (New Mexico Statutes Annotated section 60-2C-1 et seq., herein referred to as the "act") for common fireworks.
c. Aerial Device: A fireworks device that, upon ignition, propels itself or an insert a significant distance into the air, but does not include a firework that produces a shower of sparks.
d. Ground Audible Device: A fireworks device intended to function on the ground that produces an audible effect.
e. Permissible Fireworks: Fireworks legal for sale and use in New Mexico under the provisions of the fireworks licensing and safety act.
2. The term "fireworks" shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty five hundredths (0.25) grain or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistol paper caps which contain less than twenty hundredths (0.20) grain of explosive mixture, the sale and use of which shall be permitted at all times.
POSSESSION OF FIREWORKS: Consists of either selling, offering to sell, owning, possessing, manufacturing, transporting, or discharging any firecracker, Roman candle, sky rocket, torpedo, bomb, or any type of bomb, or explosive commonly known as fireworks, unless such item has been declared by the fire chief as a safe and sane device and not as dangerous to persons or property.
SAFE AND SANE DEVICES: As approved by the fire chief, shall be those devices listed as approved for sale by the fire chief. Any device which propels any potion, part, or projectile more ten feet (10') in the air or has a report louder than the paper caps described herein are not considered safe and sane.
B. Exemptions From Provisions:
1. Nothing contained herein shall be held to prevent such activities as may be authorized by compliance with the provisions of title 8, chapter 2 of this code.
2. Nothing herein contained shall be held to apply to or prohibit any employee of the state game and fish department or the United States fish and wildlife service from possessing fireworks for control of game birds and/or to prohibit the village or any civic organization herein from sponsoring and conducting, in connection with any public celebration, an official and controlled fireworks display.
C. Sale, Use Or Possession Of Fireworks; Compliance With State Law: Possession, use or sale of any fireworks is lawful only if such possession or sale is in compliance with the licensing and permit provisions of the act, and only if such fireworks are authorized herein and used in compliance with the act. Any village certified law enforcement officer or the fire chief may require persons to produce permits or licenses as required by the act and, if not so produced, take action pursuant to subsection D2 of this section.
D. Aerial And Ground Audible Devices:
1. Prohibitions; Permit Requirements:
a. Pursuant to New Mexico Statutes Annotated section 60-2C-7, the possession or use of aerial devices or ground audible devices is prohibited; provided, that public display of such is not prohibited, if a written permit is obtained from the village administrator and fire chief, and the devices are purchased from a distributor licensed by the state fire marshall and the bureau of alcohol, tobacco, and firearms of the United States department of treasury.
b. No person shall sell, give away, offer for sale, exhibit for sale, or possess any aerial device or ground audible device within the village or within five thousand feet (5,000') of the village limits, unless such person shall have a valid permit issued pursuant to subsection D1a of this section.
2. Seizure And Destruction Of Devices: The fire chief or any police officer is authorized to seize such devices found within the village limits, or within five thousand feet (5,000') thereof in violation of this section. The fire chief or any police officer is authorized to destroy any devices so obtained after complying with the following procedure:
a. After seizure of the fireworks, the fire chief or police chief shall immediately notify the village administrator and shall arrange for a secure storage facility for the fireworks.
b. The village administrator shall notify in writing (but if no address is reasonably available, verbally) the person from whom the devices have been seized and inform that person that a hearing will be held by the village council at a regular or special meeting at which time the person shall have the right to appear in person or by counsel for the purpose of showing cause, if any, why the fireworks should not be destroyed.
c. The village council shall conduct said hearing and make a decision as to whether or not the devices should be returned to the individual or should be ordered destroyed. Provided, however, confiscated devices may be destroyed immediately upon a written finding and determination by the fire chief that the destruction is necessary to protect the public health, welfare, and safety.
E. Fireworks Near Flammable Liquids: No fireworks shall be stored, possessed, or used within three hundred feet (300') of gasoline or other flammable liquids unless such liquids are sealed in metal containers of not more than one gallon capacity.
F. Other Explosive Substances: No person shall ignite or explode any flammable or explosive device or chemical composition or substance, including, but not limited to, dynamite, railroad torpedoes, blasting powder, dynamite caps, flashlight powder, signal lights, or gunpowder, except in the use of such devices, compositions or substances for industrial, commercial, professional, scientific, or other practical purposes and only as otherwise authorized by law.
G. Civil Liability: Nothing in this section shall relieve any person from any civil liability in connection with the storage, possession, sale, or use of fireworks or other devices, compositions or substances referred to herein. (Ord. 1992-02, 6-22-1992)
H. Penalties: Any violation of this section shall be punishable as provided in section 1-4-1 of this code. Every day that such violation continues shall constitute a separate offense. (Ord. 1992-02, 6-22-1992; amd. 2003 Code)
Notes
| 1 | 1. See also title 4, chapter 2 of this code.1 AND EXPLOSIVES: |