"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)