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"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)
It is illegal to use fireworks within the city limits except under the following conditions:
A. Fireworks shall only be used at times and places and on those holidays authorized by this chapter or by state law; and
B. Fireworks shall be used only on the following holidays, between the hours of seven a.m. and eleven p.m.:
1. Independence Day, July 4;
2. Chinese New Year;
3. September 16; and
4. May 5.
C. Fireworks shall be used only between the hours of seven a.m. on December 31st and one a.m. on January 1st for the New Year celebration.
D. Fireworks shall be used only during times of sale as allowed in the New Mexico Fireworks Safety and Licensing Act, as amended, between the hours of seven a.m. and nine p.m.
E. Fireworks shall be used only on days with special events or at other times in which the use of fireworks are preapproved by the fire chief.
F. Fireworks shall be used only in non-restricted areas. Restricted areas shall include areas in proximity of:
1. Churches;
2. Hospitals;
3. Nursing homes;
4. Wildland areas;
5. Government properties;
6. Manufacturing or storage areas having a high risk for fire; and
7. Other areas in proximity to areas or facilities declared as fire hazardous.
(Ord. 573 (part), 2019; Ord. 436, 2001; Ord. 432,2001)
A. No fireworks may be sold at retail without a retail permit. The permit shall be at the location where the retail sale takes place.
B. It is unlawful to offer for sale or to sell any fireworks to children under the age of sixteen years or to any intoxicated person.
C. At all places where fireworks are stored, sold or displayed, the words "NO SMOKING" shall be posted in letters at least four inches in height. Smoking is prohibited within twenty-five feet of any fireworks stock.
D. No fireworks shall be stored, kept, sold or discharged within fifty feet of any gasoline pump or gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.
E. A sales clerk who is at least sixteen years of age shall be on duty to serve consumers at the time of purchase or deliveiy. All fireworks sold and shipped to consumers within Lovington shall be sold and shipped only by an individual firm, partnership or corporation holding the proper state fireworks license or permit.
F. No fireworks shall be discharged within one hundred fifty feet of any fireworks retail sales location.
G. No person shall ignite any fireworks within a motor vehicle or throw fireworks from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle or at or near any person or group of people.
H. Any fireworks devices that are readily accessible to handling by consumers or purchasers in a retail sales location shall have their exposed fuses protected in a manner to protect against accidental ignition by a spark, cigarette ash or other ignition source. If the fuse is a thread-wrapped safety fuse which has been coated with a nonflammable coating, only the outside end of the safety fuse shall be covered. If the fuse is not a safety fuse, then the entire fuse shall be covered.
I. Fireworks may be sold at retail between June 20th and July 6th of each year, six days preceding and including New Year's Day, and three days preceding Chinese New Year, the sixteenth of September, and Cinco de Mayo of each year.
(Ord. 573 (part), 2019; Ord. 478 (part), 2006; Ord. 425 § 6, 2000)
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