8.20.080 Penalty—Criminal.

   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)

8.20.090 Penalty—Civil.

   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

8.20.100 Short title.

   The ordinance codified in this article may be referred to as the fireworks control ordinance. (Ord. 426 § 1, 2000)

8.20.110 Purpose.

   Tins article is intended to preserve and to protect the general health, safety and welfare of the city during periods of extreme or severe drought as proclaimed by the governing body. (Ord. 426 § 2, 2000)

8.20.120 Jurisdiction.

   The Fireworks Licensing and Safety Act, NMSA 1978 Section 60-2C-7 through 60-2C-11, as amended, authorizes governing bodies of municipalities to limit and restrict the sale and use of fireworks within the municipal boundaries of the municipality in times of extreme or severe drought. The ordinance codified in this article is enacted pursuant to authority granted to the governing body by NMSA 1978 Section 60-2C-8.1.

(Ord. 573 (part), 2019; Ord. 426 § 3, 2000)

8.20.130 Liberal construction.

   This article, being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to affect its purpose. (Ord. 26 § 4, 2000)

8.20.140 Enforcement.

   This article is enforceable only if the governing body issues a proclamation declaring a condition of extreme or severe drought following the procedures established in NMSA 1978 Section 60-6C-8.1 and is only enforceable during the period of time in which the proclamation is in force and effect. Any dissolution or suspension of a proclamation serves to stay enforceability of this article and shall not operate as a repeal or suspension of the ordinance codified in this article.

   The ordinance codified in this article is in addition to and complimentary with any ordinance concerning aerial devices and ground audible devices adopted in accordance with NMSA 1978 Section 60-2C-7, and shall not be construed as a limitation of the terms of any ordinance concerning aerial devices and ground audible devices adopted pursuant to NMSA 1978 Section 60-2C-7. (Ord. 426 § 5, 2000)