[HISTORY: Adopted by the City Council of the City of Las Vegas as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-21-1999 by Ord. No. 98-20 (Ch. 7, Art. 6 of the 1972 City Code)]
The purposes of this article are as follows:
An Act to regulate the manufacture, transportation, storage, sale, and use of fireworks within the City of Las Vegas, New Mexico;
Defining what types of fireworks may be manufactured, stored, sold and used;
Establishing safety requirements for storage, sale, and use;
Providing for licensing and fees;
Establishing selling periods for retail sale; and
Establishing penalties for violations.
This Act shall not pertain to any aspect of the use of fireworks in public displays as regulated by the City of Las Vegas Fire Department within the City of Las Vegas, New Mexico.
As used in this article, the following terms shall have the meanings indicated:
- COMMON FIREWORKS
- Small fireworks, designed primarily to produce visible effect by combustion, that must comply with the construction, chemical composition, and labeling regulations promulgated by the US Consumer Product Safety Commission (CFR Title 16, Commercial Practices, Part 1507). Some small devices designed to produce an audible effect are included, such as whistling devices, ground devices containing 50 mg or less of explosive composition, and aerial devices containing 50 mg or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. Common fireworks include the following:
- Person, firm, or corporation selling fireworks to wholesalers (jobbers) and retailers for resale.
- EXPLOSIVE COMPOSITION
- Chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited.
- 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 Act as Common Fireworks and Special Fireworks, as defined by the US Department of Transportation [CFR Title 49, Transportation, Parts 173.88(d), 173.100(r)]. Exception: The following items are not considered "fireworks" under the provisions of these regulations: model rockets, toy pistol caps, emergency signal flares, and matches.
- HOME OCCUPATION
- Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, and does not adversely affect the uses permitted in the district of which it is a part.
- Person, firm, or corporation engaged in the manufacture of fireworks.
- PERMISSIBLE FIREWORKS
- Fireworks legal for sale and use in the City of Las Vegas, New Mexico, under the provision of this article.
- PYROTECHNIC COMPOSITION
- Mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. Pyrotechnic compositions will not explode upon ignition unless severely confined.
- Person, firm, or corporation purchasing fireworks for resale to consumers.
- Individual employed by a factory, distributor, importer, or wholesaler who solicits, accepts, or receives orders for fireworks.
- SPECIAL FIREWORKS
- Larger fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This definition includes but is not limited to firecrackers containing more than 130 mg of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classifications as common fireworks.
- WHOLESALER (JOBBER)
- Person, firm, or corporation purchasing fireworks for resale to retailers.
It shall be unlawful for any individual, firm, partnership, corporation, or association to possess for sale within the City of Las Vegas, New Mexico, sell or offer for sale at retail, or use, within the City of Las Vegas, New Mexico, any fireworks other than the permissible fireworks herein enumerated.
The Fire Department may adopt reasonable rules and regulations for the granting of permits for supervised and controlled public displays of fireworks by the City, a civic organization, amusement park or other organization or group of individuals approved by the Fire Department. Such permits shall be granted on application to the Fire Department, approval by the governing body and the filing of a bond by the applicant as herein provided. Every such display shall be handled by a competent operator duly approved by the Fire Department and shall be of such composition, character and so located, discharged or fired as, in the opinion of the Department, not to be hazardous to property or endanger life.
Application for permits shall be made in writing at least 30 days in advance of the date of the display. After the permit has been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No such permit granted shall be transferable.
Applicants for permits shall furnish a bond of not less than $1,000 conditioned on compliance with this section and the rules and regulations of the Fire Department. The bond shall be approved by the City Attorney. The City shall not be required to file a bond.
Before any permit for fireworks display shall be issued, the applicant shall furnish proof of financial responsibility to satisfy any claims for damages to property or personal injuries arising out of any act or omission on the part of the applicant or any agent or employee in such amount, character and form as the City Attorney determines necessary for the protection of the public.
Any fireworks that remain unfired after an approved display is concluded shall be immediately disposed of in a manner safe for the particular type of fireworks and approved by the Fire Department.
The City of Las Vegas Fire Department, the City of Las Vegas Police Department and the City of Las Vegas Code Enforcement Division shall be charged with the responsibility of enforcing this article. All license applications shall be submitted to the Code Enforcement Division.
All licenses shall be for a period of one year, beginning on January 1. Applications for licenses shall be made to the City of Las Vegas Code Enforcement Division, and shall be for the amount indicated below:
Those retail businesses who have current business registration licenses from the City of Las Vegas are exempt from the licensing requirements of this article.
No fireworks shall be discharged within 150 feet of any fireworks retail sales location.
It shall be unlawful to explode or ignite fireworks within 150 feet of any church, hospital, school building or gas station.
No person shall ignite or discharge any fireworks within or throw the same from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people.
It shall be unlawful for a person under the age of 16 years to discharge fireworks without the physical presence and supervision of an adult.
In retail sales location, any fireworks devices that are readily accessible to handling by consumers or purchasers must have their fuses protected in such a manner as to protect against accidental ignition of any item by a spark, cigarette ash, or other ignition source.
It shall be unlawful for persons under the age of 16 to possess with the intent to sell, or offer for sale, any fireworks.
Each retail sales location shall have visibly posted "No Smoking" signs and shall be equipped with at least a five-pound ABC fire extinguisher.
Retail sales of fireworks will not be permitted as a home occupation.
It shall be unlawful to sell fireworks to any intoxicated person and children under the age of 16.
The Fire Department Chief (or his designee) may request from a license holder two samples of any device being sold within the City of Las Vegas to test for compliance with this article.
[Amended 4-20-2011 by Ord. No. 11-10]
Permissible fireworks may be sold at retail between June 20 and July 6 of each year and six days preceding and including New Year's Day and three days preceding and including the 16th of September and Cinco De Mayo of each year and including Chinese New Year.
Any individual, firm, partnership, or corporation that violates any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $500 or imprisonment for not more than 90 days, or both. Each day this article is violated shall constitute a separate offense.
The Code Enforcement Division is also authorized to cancel any license where, after a proper hearing, after filing of a complaint in Municipal Court, it is determined that the violation was willfully performed.
The Code Enforcement Division, the City of Las Vegas Fire Department and the Las Vegas Police Department shall also have the right of proper seizure of any illegal fireworks, and, upon conviction, any license held by that individual, firm, corporation, or partnership under this article may be revoked.
[Amended 4-10-2013 by Ord. No. 13-04]
The following offenses constitute "penalty assessment municipal violations" as defined in Chapter 179, Code Enforcement Citations, of the Las Vegas City Code. The following penalty assessments are hereby established:
[Adopted 6-19-2000 by Ord. No. 99-35]
This article may be referred to as the "Fireworks Control Ordinance."
This article is intended to preserve and to protect the general health, safety and welfare of the City of Las Vegas during periods of emergency and extreme or severe drought as proclaimed by the governing body.
This article is enacted pursuant to authority granted to the governing body by its Charter and its police power.
This article, being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to affect its purpose.
This article is enforceable only if the governing body issues a resolution declaring a condition of extreme or severe drought following the procedures established by the City Charter, or by local ordinance, and is only enforceable during periods of times that this resolution is enforced.
The "sale or use of" means devices primarily intended for commercial displays that are designed to produce visible or audible effects by combustion, deflagration or detonation, including salutes containing more than 100 milligrams of explosive composition; aerial shells containing more than 40 grams of chemical composition exclusive of lift charge; and other fireworks exhibition display items within the municipal boundaries of the City of Las Vegas are prohibited. The City Fire Marshal shall have the authority and discretion to terminate or modify the ban.
The penalty for violation of this article shall be a fine of $500 and/or 90 days in jail. Fine will be assessed by any police, fire, or code enforcement officer(s). Citations will be tried by the Municipal or Magistrate Court.