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)

8.20.150 Sale and use of certain fireworks prohibited.

   The sale and use within the municipal boundaries of the city of missile-type rockets, helicopter, aerial spinners and stick-type rockets is prohibited (Ord. 426 § 7, 2000)

8.20.160 Sale and use of certain fireworks prohibited.

   The sale and use within the municipal boundaries of the city of ground audible devices is prohibited. (Ord. 426 § 8, 2000)

8.20.170 Restrictions on use of certain fireworks.

   The use of any other permitted fireworks not listed in Sections 8.20.150 and 8.20.160 is hereby restricted to areas within the municipal boundaries that are paved or barren or that have a readily accessible source of water for use by the homeowner or general public. (Ord. 426 § 9, 2000)