(A) Within the city, it shall be unlawful for any individual, firm, partnership, corporation or association to possess for retail sale, sell or offer for sale at retail, or possess or use any fireworks other than permissible fireworks, as defined and identified in the New Mexico Fireworks Licensing and Safety Act, NMSA §§ 60-2C-1 et seq. and in this chapter.
(B) Within the city, permissible fireworks are ground and handheld sparkling devices, including:
(1) Cone fountains;
(2) Crackling devices;
(3) Cylindrical fountains;
(4) Flitter sparklers;
(5) Ground spinners;
(6) Illuminating torches; and
(7) Wheels.
(C) Within the city, permissible fireworks also include the following:
(1) All aerial devices, including:
(a) Aerial shell kit-reloadable tubes;
(b) Aerial spinners;
(c) Helicopters;
(d) Mines;
(e) Missile-type rockets;
(f) Multiple tube devices;
(g) Roman candles;
(h) Shells; and
(i) Stick-type rockets, other than those having a tube less than five-eighths inch outside diameter and less than three and one-half inches in length.
(2) All ground audible devices, including:
(a) Chasers; and
(b) Firecrackers.
(D) Permissible fireworks may be sold at retail in the city between June 20 and July 6 of each year, six days preceding and including New Year’s Day, three days preceding and including Chinese New Year, September 16 and Cinco de Mayo of each year, except that permissible fireworks may be sold all year by specialty retailers with a possession permit.
(E) Permissible fireworks sold at retail in the city during the periods set forth in division (D) above may only be sold during the hours of 8:00 a.m. through 9:00 p.m., with the exception that they may be sold at retail until 11:00 p.m. on July 4 and December 31 of each year.
(Ord. 2011-09, passed 6-8-2011; Ord. 2011-19, passed 11-2-2011) Penalty, see § 131.99