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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)
A. Any public display of fireworks shall require the individual, association, partnership, corporation, or organization desiring to have such a display to secure a written permit from the office of the fire chief. The fireworks for such display shall be purchased from a distributor or display distributor licensed by the state fire marshal and the Bureau of Alcohol, Tobacco and Firearms at the United States Department of the Treasury.
B. The fire chief may adopt reasonable rules and regulations for the use of special fireworks in public displays.
(Ord. 573 (part), 2019; Ord. 425 § 7, 2000)
Any individual, firm, partnership or corporation that violates any provision of the Lovington fireworks ordinance shall, upon conviction, be punished by a fine of not more than five hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment. (Ord. 425 § 8, 2000)
A. If a person is found guilty of violating any of the provisions of the Lovington fireworks ordinance, that person's permit may be revoked or suspended by the fire chief, his or her deputies or designee.
B. No individual, firm, corporation or partnership shall possess any fireworks for sale within Lovington, other than those authorized in the Lovington fireworks ordinance. The fire chief or designee may at reasonable hours enter and inspect the premises of permittee to determine compliance with the Lovington fireworks ordinance. If any retailer has in his or her possession any fireworks in violation of said ordinance, his or her permit shall be revoked and all such fireworks seized and kept to be used as evidence. If any person has in his or her possession any fireworks in violation of said ordinance, a warrant may be issued for the seizure of said fireworks and said fireworks shall be safely kept to be used as evidence. Upon conviction of the offender, said unauthorized 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.
(Ord. 573 (part), 2019; Ord. 425 § 9, 2000)
Article II. Fireworks in Periods of Drought
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