(A) Except as defined in the Act, specifically in NMSA § 60-2C-8.1, regarding extreme or severe drought conditions, this chapter shall not prohibit a person, partnership, corporation, association or government entity from, at any time, sponsoring and conducting an officially supervised and controlled fireworks display. A permit for the display shall be obtained from the city. The display fireworks shall be purchased from a distributor or display distributor licensed by the State Fire Marshal and the Bureau of Alcohol, Tobacco and Firearms at the U.S. Department of the Treasury. The Board of Trustees delegates the authority to approve permits for the public display of display fireworks to the City Fire Chief.
(B) To obtain a permit for the public display of display fireworks, an application shall be submitted at least 15 days prior to the date of the proposed display to the City Fire Chief. The application shall contain the applicant’s name, address and telephone number; a description of the quantity and type of fireworks requested for the proposed display; the time, place and nature of the display event; the time of termination of the event; and the name, address and telephone number of the supplier of the display fireworks and proof that display fireworks will be purchased from a permitted distributor.
(C) The proposed display shall not be designed in such a manner as to be hazardous to property or a danger to person or persons and must follow the National Fire Protection Association, Standard 1123 “Standards for Firework Displays”. After a permit has been issued, the sale, possession, use and distribution of display fireworks for public display shall be lawful for only in connection with that public display of display fireworks.
(D) No permit for public displays of display fireworks shall be transferable to any other person or location. The permit shall be valid for the location, date and time specified in the application. The Fire Chief may grant an extension of the permit due to inclement weather or for unforeseen events beyond the control of the permittee which prevent the permitted public display from occurring.
(E) A $100 permit fee shall be assessed for each public display.
(Ord. 2011-09, passed 6-8-2011) Penalty, see § 131.99