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:
COMMON FIREWORKS
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.
DISTRIBUTOR
Any person selling fireworks to wholesalers and retailers
for resale.
FIREWORK
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).
GROUND AUDIBLE DEVICE
A fireworks device intended to function on the ground that
primarily produces an audible effect.
HELICOPTER; AERIAL SPINNER
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.
IMPORTER
Any person importing or causing fireworks to be imported
into the City from another county, state, or a foreign country for
subsequent sale.
MANUFACTURER
Any person engaged in the manufacture of fireworks.
MISSILE-TYPE ROCKET
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.
RETAILER
Any person purchasing fireworks for resale to consumers.
ROMAN CANDLE
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.
SPECIAL FIREWORKS
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.
SPECIALTY RETAILER
Any person purchasing fireworks for year-round resale in
permanent retail stores whose primary business is tourism.
STICK-TYPE ROCKET
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.
WHOLESALER
Any person purchasing fireworks for resale to retailers.
Any individual, firm, partnership or corporation that violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished as provided in Chapter
1, General Provisions, Article
III, Violations and Penalties, §
1-19.
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.
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.