(A) In addition to any criminal or civil penalties that may be applicable under the Fireworks Licensing and Safety Act, being NMSA §§ 60-2C-1 et seq., any individual or legal entity that violates any provision of this chapter is guilty of a petty misdemeanor and, upon conviction in any court of competent jurisdiction, shall be punished by a fine of not more than $500, and/or imprisonment for not more than 90 days, or both such fine and imprisonment. The City Fire Chief, or his or her deputies or designees, may, at reasonable hours, enter and inspect a fireworks sales permittee’s premises, building, mobile or motor vehicle or temporary or permanent structure to determine compliance with the terms of the permit and the provisions of this chapter. If any permittee has in his or her possession any fireworks in violation of this chapter, his or her permit shall be revoked and all such fireworks seized, and the fireworks shall be kept to be used as evidence. If any person has in his or her possession any fireworks in violation of this chapter, a warrant may be issued for the seizure of fireworks, and the fireworks shall be kept to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender is discharged, the permissible fireworks shall be returned to the person in whose possession they were found; provided, however, that nothing in this chapter applies to the transportation of fireworks by regulated carriers.
(B) Nothing in this chapter shall apply to or prohibit any employee of the State Game and Fish Department or the U.S. Fish and Wildlife Service from possessing or utilizing fireworks for the control of game birds or animals or prohibit the City Fire Chief or any law enforcement officer from possessing or utilizing fireworks in the performance of his or her duties.
(Ord. 2011-09, passed 6-8-2011)