[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)]
A.
The purposes of this article are as follows:
(1)
An
Act to regulate the manufacture, transportation, storage, sale, and
use of fireworks within the City of Las Vegas, New Mexico;
(2)
Defining what types of fireworks may be manufactured, stored, sold
and used;
(3)
Establishing safety requirements for storage, sale, and use;
(4)
Providing for licensing and fees;
(5)
Establishing selling periods for retail sale; and
(6)
Establishing penalties for violations.
B.
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
GROUND AUDIBLE DEVICESThe possession and use of ground audible devices are prohibited:
COMBINATION ITEMSCombination items consist of fireworks and/or devices containing combinations of two or more of the permissible effects described herein.
NOVELTIES AND TRICK NOISEMAKERSItems listed in this section are not classified as common fireworks by the US Department of Transportation.
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.
SMOKE DEVICETube or sphere containing pyrotechnic composition that produces white or colored smoke upon ignition as the primary effect.
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.
TRICK NOISEMAKERItem that produces a small report intended to surprise the user. These devices include:
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).
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.
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.
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.
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.
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.
Person, firm, or corporation selling fireworks to wholesalers
(jobbers) and retailers for resale.
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.
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.
Fireworks legal for sale and use in the City of Las Vegas,
New Mexico, under the provision of this article.
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.
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.
Person, firm, or corporation purchasing fireworks for resale
to retailers.
A.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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:
B.
Those retail businesses who have current business registration licenses
from the City of Las Vegas are exempt from the licensing requirements
of this article.
A.
No fireworks shall be discharged within 150 feet of any fireworks
retail sales location.
B.
It shall be unlawful to explode or ignite fireworks within 150 feet
of any church, hospital, school building or gas station.
C.
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.
D.
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.
A.
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.
B.
It shall be unlawful for persons under the age of 16 to possess with
the intent to sell, or offer for sale, any fireworks.
C.
Each retail sales location shall have visibly posted "No Smoking"
signs and shall be equipped with at least a five-pound ABC fire extinguisher.
D.
Retail sales of fireworks will not be permitted as a home occupation.
E.
It shall be unlawful to sell fireworks to any intoxicated person
and children under the age of 16.
F.
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.
A.
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.
B.
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.
C.
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.
