(A) Prohibition. The sale or use of those fireworks defined in the New Mexico Fireworks Licensing and Safety Act being NMSA §§ 60-2C-1 et seq., as “aerial devices” and “ground audible devices” within the town is prohibited subject only to those exceptions in division (B) below; provided, however, that the prohibition on use of the devices shall not apply to public displays by the Town of Clayton’s Fire Department.
(B) Exceptions.
(1) Sale. Aerial devices and ground audible devices may be sold within the town only:
(a) During the period between June 20 and July 6 of each year and between the hours of 9:00 a.m. and 10:00 p.m.;
(b) By a vendor who has a valid license or permit issued under the New Mexico Fireworks Licensing and Safety Act by the State Fire Marshal’s office;
(c) By a vendor who has a valid business license appropriate for the vendor’s type of business issued by the town;
(d) By a vendor who has a valid fireworks sales permit which allows for the sale of aerial devices and ground audible devices issued by the town;
(e) At a location consistent with the State Fire Marshal’s permit, approved in writing by the Fire Chief of the town in exercise of Fire Chief’s discretion considering fire prevention and safety factors, including without limitation, current conditions of weather, precipitation and dryness; and
(f) To persons of the age of 18 years and older.
(2) Aerial devices. Use of aerial devices and ground audible devices may be used within the town only:
(a) During the period between June 20 and July 6 of each year and between the hours of 9:00 a.m. and 10:00 p.m.;
(b) On private property; for purposes of this section PRIVATE PROPERTY does not include any property owned by the Town of Clayton, the County of Union, the Clayton Public Schools or the State of New Mexico, nor does it include any public street, highway, alley, park, fair grounds or recreational facility;
(c) With the consent of the owners, occupiers and proprietors of the property on which the devices are being ignited and of all property on which the devices may land and of all property from which the devices are audible; and
(d) By persons of the age of 18 years or older or by persons under the age of 18 years who are under the direct supervision and in the continuous presence of a person of the age of 18 years or older.
(C) Permits. No person shall sell fireworks within the town, without first having obtained a permit from the Town Clerk-Treasurer of the Town of Clayton the fee for the permits shall be $50 each without proration and the permits shall be issued for period of 1 year beginning February 1, and ending January 31. There shall be 2 types of permits issued:
(1) Permits for sale of fireworks other than aerial devices and ground audible devices. Permits may be issued for the sale of fireworks other than aerial devices and ground audible devices; and the Town Clerk-Treasurer may issue without limitation as many permits for sale of fireworks other than aerial devices and ground audible devices as there may be a demand for the permits; and
(2) Permits for sale of fireworks including aerial devices and ground audible devices. Permits may be issued for the sale of fireworks including aerial devices and ground audible devices; provided, however, that the Town Clerk-Treasurer shall issue no more than 3 permits during any 1 permit year which permits shall be issued without preference on a first-come, first-served basis.
(Ord. 593, passed 9-12-1994) Penalty, see § 91.99
Cross-reference:
Possession of fireworks, public displays, see § 132.63