[HISTORY: Adopted by the Mayor and Council of the City of
Española 5-29-1990 by Ord. No. 463 (Ch. 70, Art. IV, Div.
3, of the Code of Ordinances). Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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 CFR Title 16 and that is classified as a Class C explosive
by the United States Department of Transportation.
Any person selling fireworks to wholesalers and retailers
for resale.
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, 49 CFR 173.88(d) and 173.100(r).
The Mayor and City Council.
A fireworks device intended to function on the ground that
primarily produces an audible effect.
A tube not exceeding 1/2 inch in inside diameter that may
contain up to 20 grams of pyrotechnic composition. Some type of propeller
or blade device is attached, and upon ignition the rapidly spinning
device lifts into the air.
Any person importing or causing fireworks to be imported
into the City from another county, state, or a foreign country for
subsequent sale.
Any person engaged in the manufacture of fireworks.
A tube not exceeding 1/2 inch in inside diameter that may
contain up to 20 grams of pyrotechnic composition, contains fins for
guidance and stability and rises into the air upon ignition.
Fireworks legal for sale and use in the City under the provisions
of this chapter.
Any person purchasing fireworks for resale to consumers.
A heavy paper or cardboard tube not exceeding 3/8 inch in
inside diameter, not exceeding 10 balls spaced uniformly in the tube,
with a total pyrotechnic composition not to exceed 20 grams each in
weight.
Fireworks devices primarily intended for commercial displays
which are designed to produce visible or audible effects by combustion,
deflagration or detonation, including salutes containing more than
130 milligrams (two grains) of explosive composition, aerial shells
containing more than 40 grams of chemical composition exclusive of
lift charge and other exhibition display items that exceed the limits
contained in this chapter for common fireworks.
Any person purchasing fireworks for year-round resale in
permanent retail stores whose primary business is tourism.
A tube not exceeding 1/2 inch in inside diameter that may
contain up to 20 grams of pyrotechnic composition. Sky rockets contain
a wooden stick for guidance and stability and rise into the air upon
ignition.
Any person purchasing fireworks for resale to retailers.
Nothing in this chapter shall apply to or prohibit any employees
of the Department of Game and Fish or the United States Fish and Wildlife
Service from possessing fireworks in the performance of their duties
or to prohibit any organization therein from sponsoring and conducting,
in connection with any public celebration, an officially supervised
and controlled fireworks display.
If a person is found guilty of violating any of the provisions
of this chapter, that person's license or permit may be revoked or
suspended by the Police Chief, his deputies or designees.
No individual, firm, corporation or partnership shall possess
any fireworks for sale within the City, other than those authorized
in this chapter. The Police Chief, his deputies or designees may at
reasonable hours enter and inspect the permittee's premises, building,
mobile or motor vehicle, or temporary or permanent structure to determine
compliance with this chapter. If any person has in his possession
any fireworks in violation of this chapter, his permit shall be revoked
and all such fireworks seized, and the fireworks shall be kept to
be used as evidence. If any person has in his possession any fireworks
in violation of this chapter, a warrant may be issued for the seizure
of fireworks, and the fireworks shall be safely kept to be used as
evidence. Upon conviction of the offender, the 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;
provided, however, that nothing in this chapter applies to the transportation
of fireworks by regulated carriers.
A.
Required. No person may sell, hold for sale, import, distribute or
offer for sale, as manufacturer, distributor, wholesaler, importer
or retailer, any fireworks in the City unless such person has first
obtained the appropriate license or permit.
B.
Enforcement and administration. The Police Department shall enforce
this chapter. All license applications shall be submitted to the office
of the Police Chief. All retailers shall be required to purchase a
retail fireworks permit for each retail location.
C.
Fees. An applicant for a license or permit under this chapter shall pay the fees specified in Chapter 171.
[Amended 7-11-2019 by Ord. No. 2019-03]
D.
Duration. All licenses and permits shall be issued for 60 days beginning
on June 1 of each year. All licenses and permits shall be issued within
five days from the date of receipt of application.
E.
Number. Licenses issued under this chapter shall not be restricted
in number or limited to any person without cause.
No individual, firm, partnership, corporation or association
shall possess for retail sale in the City, sell or offer for sale
at retail, or use any fireworks other than permissible fireworks.
Nothing in this chapter shall prohibit licensed wholesalers,
distributors, importers, specialty retailers, or manufacturers from
storing, selling, shipping or otherwise transporting fireworks as
defined by the United States Department of Transportation to any person
outside the City.
Permissible fireworks for sale to the general public, as such
term is used in this chapter, shall be understood to mean fireworks
legal for sale and use in the state under the provisions of the Fireworks
Licensing and Safety Act, NMSA 1978 § 60-2C-1 et seq., as
amended, with the exception of ground audible devices, helicopters,
aerial spinners, missile-type rockets, Roman candles, and stick-type
rockets.
A.
Permit required. No fireworks may be sold at retail without a retail
permit. The permit must be at the location where the retail sale takes
place.
B.
Sales to children under 12 years of age or intoxicated persons. It
is unlawful to offer for sale or to sell any fireworks to children
under the age of 12 years without parental or guardian permission
or to any intoxicated person.
C.
Posting of "no smoking" signs in places of sales, storage or display.
At all places where fireworks are stored, sold or displayed, the words
"no smoking" must be posted in letters at least four inches in height.
Smoking is prohibited within 25 feet of any fireworks stock.
D.
Storage, sale or discharge near gasoline supply. No fireworks shall
be stored, kept, sold or discharged within 50 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.
Fire extinguishers required. All fireworks permittees and licensees
shall keep and maintain upon the premises a fire extinguisher bearing
an Underwriters' Laboratories, Inc. rated capacity of at least 4-ABC.
F.
Age of sales clerks; sales only by licensed firms. A sales clerk
who is at least 16 years of age must be on duty to serve consumers
at the time of purchase or delivery. All fireworks sold and shipped
to consumers within the City shall be sold and shipped only by an
individual, firm, partnership or corporation holding the proper City
fireworks license or permit.
G.
Discharge near sales location. No fireworks shall be discharged within
150 feet of any fireworks retail sales location.
H.
Discharge in or near motor vehicles. 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.
I.
Protection of exposed fuses. Any fireworks devices that are readily
accessible to handling by consumers or purchasers in a retail sales
location must have their exposed fuses protected in a manner to protect
against accidental ignition of any item by 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.
J.
Dates of sales. Fireworks may be sold at retail between June 20 and
July 6 of each year and three days preceding and including New Year's
Day, Chinese New Year and Cinco de Mayo of each year, except that
fireworks may be sold all year in permanent retail stores whose primary
business is tourism.
A.
Nothing in this chapter shall prohibit the public display of fireworks,
except that any individual, association, partnership, corporation,
or organization shall secure a written permit from the Office of the
Police Department and the fireworks shall be purchased from a distributor
licensed by the City, the State Fire Marshal and the Bureau of Alcohol,
Tobacco and Firearms at the United States Department of the Treasury.
B.
The Police Chief may adopt reasonable rules and regulations for the
use of special fireworks in public displays.
