[Adopted 4-21-1999 by Ord. No. 98-20 (Ch. 7, Art. 6 of the
1972 City Code)]
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:
A.
(1)
DIPPED STICK, WIRE SPARKLERStick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition may not exceed 100 grams per item. Those devices containing any chlorate or perchlorate salts are not to exceed five grams in total composition per item. Wire sparklers which contain no magnesium and which contain less than 100 grams of composition per item are not included in this category, in accordance with the regulation of the US Department of Transportation.
(2)
CRACKLING DEVICEA sphere or paper tube that contains no more than 20 grams of pyrotechnic composition that produces a flash of light and a mild, audible crackling effect upon ignition which effect is not considered to be an explosion; crackling devices are not subject to the fifty-milligram limit of firecrackers.
(3)
CYLINDRICAL FOUNTAINCylindrical tube not exceeding 3/4 inch in inside diameter containing up to 75 grams of pyrotechnic composition. Fountains produce a shower of color and sparks upon ignition, and sometimes a whistling effect. Cylindrical fountains may contain a spike to be inserted in the ground (spike fountain), a wooden or plastic base to be placed on the ground (base fountain), or a wooden handle or cardboard handle for items designed to be hand-held (handle fountain) and when more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.
(4)
CONE FOUNTAINCardboard or heavy paper cone containing no more than 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain; and when more than one cone is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.
(5)
ILLUMINATING TORCHCylindrical tube containing no more that 100 grams of pyrotechnic composition. Upon ignition, colored fire is produced. These may be either spike, base, or handle-type devices; and when more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.
(6)
WHEELA pyrotechnic device that is made to attach to a post or other surface that revolves producing a shower of color, sparks, and sometimes a whistling effect, and that may have one or more drivers, each of which contains no more than 60 grams of pyrotechnic composition and the total will contain no more than 200 grams total pyrotechnic composition.
(7)
GROUND SPINNERA small rapidly spinning device containing no more than 20 grams of pyrotechnic composition venting out on or fire usually on the side of the tube that when ignited produces a shower of sparks and colors; ground spinner is similar in operation to wheel, but is intended to be placed flat on the ground and ignited.
(8)
FLITTER SPARKLERNarrow paper tube filled with pyrotechnic composition that produces color and sparks upon ignition. These devices do not use a fuse for ignition. The paper at one end of the tube is ignited to make the device function.
D.
COMBINATION ITEMSCombination items consist of fireworks and/or devices containing combinations of two or more of the permissible effects described herein.
E.
(1)
SNAKES, GLOW WORMPressed pellet of pyrotechnic composition that produces a snake-live ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.
(2)
SMOKE DEVICETube or sphere containing pyrotechnic composition that produces white or colored smoke upon ignition as the primary effect.
(3)
WIRE SPARKLERWire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100 grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed five grams of composition per item.
(4)
TRICK NOISEMAKERItem that produces a small report intended to surprise the user. These devices include:
(a)
PARTY POPPERSmall plastic or paper item containing not in excess of 16 mg of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report (noise).
(b)
BOOBY TRAP, PULLING FIREWORKSSmall tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.
(c)
SNAPPERSmall, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes, producing a small report.
(d)
TRICK MATCHKitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced.
(e)
CIGARETTE LOADSmall wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one of the pegs, a small report is produced.
(f)
AUTO BURGLAR ALARMTube which contains pyrotechnic composition that produces a loud whistle and/or smoke when ignited. A small quantity of explosive, not exceeding 50 mg, may also be used to produce a small report. A squib is used to ignite the device.
DISTRIBUTORS
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.
FIREWORKS
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.
IMPORTER
A.
Person, firm, or corporation importing fireworks from a foreign
country.
B.
Person, firm, or corporation bringing fireworks or causing fireworks
to be brought within the jurisdiction of this article for subsequent
sale.
MANUFACTURER
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.
RETAILER
Person, firm, or corporation purchasing fireworks for resale
to consumers.
SALESMAN
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.
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.
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.
[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:
|
|
Penalty Assessment
|
---|
Common Name and Offense
|
Section Violated
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First Offense
|
Second Offense
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Subsequent Offenses
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Unlawful sale of fireworks
|
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$100
|
$300
|
$500
|
Unlawful use of fireworks
|
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$150
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$300
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$500
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[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.