Sections:
Article I. Fireworks in General
8.20.010 Title.
8.20.020 Definitions.
8.20.030 Permit required.
8.20.040 Possession, sale or use of unauthorized fireworks unlawful.
8.20.050 Permissible fireworks.
8.20.055 Times authorized for use of fireworks.
8.20.060 Retail sales or storage of fireworks—Regulated activities.
8.20.070 Public display of fireworks.
8.20.080 Penalty—Criminal.
8.20.090 Penalty—Civil.
Article II. Fireworks in Periods of Drought
8.20.100 Short title.
8.20.110 Purpose.
8.20.120 Jurisdiction.
8.20.130 Liberal construction.
8.20.140 Enforcement.
8.20.150 Sale and use of certain fireworks prohibited.
8.20.160 Sale and use of certain fireworks prohibited.
8.20.170 Restrictions on use of certain fireworks.
8.20.180 Use of fireworks in wildlands prohibited.
8.20.190 Display fireworks.
Article III. Explosives
8.20.200 Explosives.
* Prior code history: Prior code Section 7-1-18.
Article I. Fireworks in General
"Aerial device" means 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. Aerial device includes aerial shell kit-reloadable tubes, aerial spinners, helicopters, mines, missile-type rockets, multiple-tube devices, Roman candles, shells, stick-type rockets, or other aerial devices as defined in the current version New Mexico Fireworks Licensing and Safety Act.
"City commission" is the Lovington, New Mexico, city commission.
"Common fireworks" means any fireworks device suitable for use by the public that complies with the construction, performance, composition and labeling requirements promulgated by the United States Consumer Product Safety Commission in Title 16, C.F.R., and that is classified as a Class C explosive by the United States Department of Transportation.
"Display distributor" means any person, firm or corporation selling special fireworks.
"Distributor" means any person, firm or corporation selling fireworks to wholesalers and retailers for resale.
"Fire chief" is the chief of the Lovington fire department.
"Firework" means any composition or device for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. Fireworks are further classified in this chapter as common fireworks and special fireworks, as defined by the United States Department of Transportation, C.F.R. Title 49, Transportation, Parts 173.88(d) and 173.100(f).
"Ground audible device" means a fireworks device intended to function on the ground that produces an audible effect, including chasers and firecrackers as specified in the current version of the New Mexico Fireworks Licensing and Safety Act.
"Lovington" is the city of Lovington, New Mexico.
"Manufacturer" means any person, firm or corporation engaged in the manufacture of fireworks.
"Permissible fireworks" means fireworks that are legal for sale and use in New Mexico and in Lovington by the general public under the provisions of the Lovington fireworks ordinance. These fireworks must comply with the latest construction, performance, composition and labeling requirements established by the United States Consumer Product Safety Commission and the United States Department of Transportation.
"Retailer" means any person, firm or corporation purchasing fireworks for resale to consumers.
"Special fireworks" means fireworks devices primarily intended for commercial displays which are designed to produce visible or audible effects by combustion, deflagration or detonation, including salutescontaining more than one hundred thirty milligrams (two grains) of explosive composition, aerial shells containing more than forty grams of chemical composition exclusive of lift charge, and other exhibition display items that exceed the limits contained in the Lovington fireworks ordinance for common fireworks.
"Specialty retailer" means any person, firm or corporation purchasing fireworks for year-round resale in permanent retail stores.
"Wholesaler" means any person, firm or corporation purchasing fireworks for resale to retailers.
"Wildlands" means lands within the city that are covered, wholly or in part, by timber, brush, or native grass.
(Ord. 573 (part), 2019; Ord. 478 (part), 2006; Ord. 425 § 2, 2000)
A. No person may sell, hold for sale, import, distribute, or offer for sale, as a manufacturer, distributor, wholesaler or retailer, any firework in the city, unless such person has first obtained the appropriate permit from the State of New Mexico and the Lovington fire chief.
B. The fire chief or designee(s) shall enforce the Lovington fireworks ordinance. All retailers shall be required to purchase a retail fireworks permit for each retail location. Permit applications shall be obtained from the city clerk and submitted for approval to the office of the fire chief. Upon receipt of an approved application, the city clerk shall issue a permit.
C. An applicant for a permit under the Lovington fireworks ordinance shall pay to the city clerk a fee of twenty-five dollars which shall not be refundable or transferable.
(Ord. 573 (part), 2019; Ord. 425 § 3, 2000)
No individual, firm, partnership, corpora-tion or association shall possess for retail sale, sell or offer for sale at retail, or use or possess any fireworks other than permissible fire-works in Lovington.
(Ord. 573 (part), 2019; Ord. 425 § 4, 2000)
Permissible fireworks for sale to the general public shall mean common fireworks legal for sale and use in New Mexico under the provisions of the Fireworks Licensing and Safety Act in Chapter 60, Article 2C NMSA, 2006 Repl. Pamph., as amended.
(Ord. 478 (part), 2006; Ord. 425 § 5, 2000)
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