[HISTORY: Adopted by the City Council of the City of Socorro 6-17-2002 by Ord. No.
02-06-17 (Ch. 7, Art. 1, Sec. 7-19, of the 1977
Code). Amendments noted where applicable.]
This chapter shall be known and cited as the "City of Socorro
Fireworks Ordinance."
The purpose of this chapter is to assist in protecting the public
health, welfare and safety of the people of the City of Socorro, New
Mexico by regulating the retail sale of fireworks.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
The person issued a permit and the person responsible to
the City of Socorro, New Mexico as provided for in this chapter.
Those businesses which currently have registrations issued
by the City of Socorro, New Mexico as provided by City ordinance.[1]
The geographic area within the boundaries of the City of
Socorro, New Mexico.
The Clerk of the City of Socorro, New Mexico.
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.
The governing body of the City of Socorro, New Mexico.
The City of Socorro, New Mexico Fire Chief or his designated
representative.
Any composition or device for the purpose of producing a
visible or audible effect by combustion, deflagration or detonation.
Fireworks are further classified in the Fireworks Licensing and Safety
Act[2] as common fireworks and special fireworks, as defined
by the United States Department of Transportation, 49 CFR 173.100.[3]
Any structure, trailer, tent or vehicle which is of a temporary
nature or design use and which has been approved for the retail sale
of fireworks to the general public.
Fireworks legal for sale and use in New Mexico under the
provisions of the Fireworks Licensing and Safety Act of the State
of New Mexico.[4]
The sale of fireworks to the general public, excluding the
wholesale business or sales between merchants.
Any outdoor advertising device.
Any person or business engaged in the retail sale of fireworks
to the general public. All personnel involved in sales or dispensing
of fireworks shall be 16 years of age or older.
Applications for retail sales permits may be obtained from the
State Fire Marshal's office, 142W Palace Avenue, P.O. Box 1269, Santa
Fe, New Mexico 87504-1269. A permit shall be completed for each location.
A vendor must present, at the time of application for permit, a notarized
agreement for use, rent or lease of land intended for location. The
City of Socorro Fire Department shall inspect the place of business
for compliance with this chapter.
A.
The permit must be prominently displayed on each place of business
at all times.
B.
All state and fire regulations must be adhered to.
C.
The vendor must possess a current Revenue Division taxpayer identification
number.
D.
Applications will be accepted between February 1 and June 10 of each
year. Vendors and/or businesses shall provide a copy of the state-issued
license or permit for the sale of permissible fireworks.
E.
Vendors who sell permissible fireworks shall pay $25 annually for
their City business registration.
F.
Businesses which currently have a business registration shall obtain
a permit to sell fireworks and shall abide by all restrictions as
indicated in this chapter.
G.
Fireworks shall not be sold in any area other than that which is
zoned C-2. Fireworks shall only be sold between June 20 and July 6
of each year and six days preceding and including New Year's Day,
three days preceding and including Chinese New Year's, Cinco de Mayo
and the 16th of September of each year and sold only between the hours
of 8:00 a.m. and 11:00 p.m. each and every day, with the exceptions
of July 3 and 4, during which sales may be made between the hours
of 8:00 a.m. and 12:00 midnight.
H.
Fireworks stands must have a minimum setback of 30 feet from the
property line. No more than one fireworks stand per permit will be
allowed, and the stand shall be no more than 1,000 square feet in
size. Fireworks stands must be removed within 24 hours after their
permit expires at 11:00 p.m. If not removed by 11:00 p.m., a fee of
$25 per day may be imposed on the vendor.
I.
A vendor must provide a minimum of four designated parking spaces
on the premises; such spaces shall not obstruct the public right-of-way.
J.
No fireworks shall be stored, kept or displayed within 50 feet of
any gasoline pump, refilling stations or any area in which gasoline
or volatile liquids are stored or sold.
L.
At all places where fireworks are sold or displayed, the words "No
Smoking" shall be printed in letters at least four inches in height.
M.
Posting of sales and usage of fireworks. Each person who has obtained
a vendor's permit shall post in letters at least two inches high in
a prominent place the words "Private use of legal fireworks shall
be limited to the period from June 20 to July 6 and six days preceding
and including New Year's Day and three days preceding and including
Chinese New Year's, Cinco de Mayo and the 16th of September."
N.
Structures where permitted devices are sold shall be protected by
at least one five-gallon bucket of water and an approved fire extinguisher
with at least a ten-pound ABC classification.
Nothing herein shall prohibit the public display of fireworks,
except that any individual, association, partnership, corporation,
organization, county or municipality shall secure a written permit
from the governing body of the county or municipality where the public
display is to be fired and the fireworks 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 Justice.
A.
No private individual shall transport, store, detonate or purchase
any devices within the boundaries of the City of Socorro other than
permitted devices specified in this chapter.
B.
No person under the age of 16 or any person under the influence of
drugs or alcohol shall purchase, detonate, store or transport permitted
devices. Proof of buyer's age shall be required by the seller.
C.
All persons under the age of 16 shall be supervised by a parent or
guardian over the age of 18 when permitted devices are being properly
detonated.
D.
Detonation or ignition of fireworks from a moving or stationary vehicle
is prohibited.
E.
Private individuals shall be subject to the penalties in § 147-10 of this chapter for violation of this chapter.
The City of Socorro Fire Chief or any certified law enforcement
officer may, at any reasonable hour, enter and inspect the premises,
building or any structure temporarily or permanently located at the
site designated for the sale, packaging or handling of permitted devices.
A.
The Fire Chief or his designee shall inspect fireworks stands for
conformance with this chapter.
B.
The City of Socorro Fire Chief or his designee shall seize, take,
remove or cause to be removed at the expense of the permit holder
all stocks of fireworks offered or exposed for sale, stored or held
in violation of this chapter.
C.
Any vendor convicted of violating this chapter will not be issued
a new permit for a period of two years from the date of revocation
of the previous permit.
[Amended 4-4-2023 by Ord. No. 23-04-04c]
A.
It shall
be illegal to sell or set off any and all stick-type rockets having
a tube less than 1/4 inch inside diameter within the municipal limits
of the City of Socorro. By proclamation, the City of Socorro may prohibit,
in times of extreme or severe drought conditions, the sale and use
of missile-type rockets, helicopters, aerial spinners, stick-type
rockets and ground-audible devices within the affected drought area
(no greater than the municipal boundaries). The City of Socorro may
also limit the use within its jurisdiction of any fireworks not listed
above to areas that are paved or barren or that have a readily accessible
source of water for use by the homeowner or the general public. The
City of Socorro may also ban the use of all fireworks within wild
lands in its jurisdiction after consultation with State Forestry;
and ban or restrict the sale or use of display fireworks. All terms
and conditions of the City of Socorro's ability to ban and restrict
fireworks use and sale are outlined in NMSA 1978, § 60-2C-8.1.
B.
Fireworks
may only be ignited during the same time frames sales are allowed.
No fireworks are to be ignited between the hours of 11:00 p.m. and
8:00 a.m., other than New Year's Eve (December 31) when fireworks
are allowed to be ignited until 1:00 a.m. on January 1, and July 3
and 4, when fireworks are allowed to be ignited until 12:00 midnight.
