Village of Bosque Farms, NM
Valencia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms 12-16-2010 (Sec. 5-5 of the 1980 Code). Amendments noted where applicable.]
This Section 5-5 shall be known and may be cited as the "Village of Bosque Farms Fireworks Ordinance."
[1]
Editor's Note: Added at time of adoption of Code (see Section 1-1).
A. 
The purpose of this Section 5-5 is to provide authorized local enforcement of the New Mexico Fireworks Licensing and Safety Act (NMSA 1978, §§ 60-2C-1 through 60-2C-11) and to assist in protecting the public health, welfare and safety of the residents of the Village of Bosque Farms.
B. 
This Section 5-5 is enacted pursuant to the State of New Mexico Fireworks and Licensing Safety Act.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Section 1-1).
As used in this Section 5-5, the following terms shall have the meanings indicated:
APPLICANT
The person issued a permit and the person responsible to the Village of Bosque Farms as provided for in this Section 5-5.[1]
CHASER
A paper or cardboard tube venting out the fuse end of the tube that contains no more than 20 grams of chemical combustion and travels along the ground, often producing a whistling effect or other noise; an explosive composition not to exceed 50 milligrams may be included to produce a report.
CHEMICAL COMPOSITION
Includes all pyrotechnic and explosive composition contained in a fireworks device, but does not include inert materials such as clay used for plugs or organic material such as rice hulls used for density control.
CONE FOUNTAIN
A cardboard or heavy paper cone containing no more than 50 grams of pyrotechnic composition that has the same effect as a cylindrical fountain; when more than one cone is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.
COUNCIL
The governing body of the Village of Bosque Farms.
CRACKLING DEVICE
A 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 FOUNTAIN
A cylindrical tube containing not more than 75 grams of pyrotechnic composition that produces a shower of colored sparks and sometimes a whistling effect or smoke; the device may be provided with a spike for insertion into the ground or a wood or plastic base for placing on the ground or a wood or cardboard handle to be hand-held; and when more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.
DISPLAY FIREWORKS
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 130 milligrams 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 for permissible fireworks.
EXPLOSIVE COMPOSITION
Any chemical compound or mixture, the primary purpose of which is to function by explosion, producing an audible effect in a firework device.
FIRE CHIEF
The Bosque Farms Fire Chief or his designated representative.
FIRECRACKER
A small, paper-wrapped or cardboard tube containing no more than 50 milligrams of explosive composition that produces noise and a flash of light; provided that firecrackers used in aerial devices may contain up to 130 milligrams of explosive composition per report.
FIREWORKS
Devices intended to produce a visible or audible effect by combustion, deflagration or detonation and are categorized as "permissible fireworks," "prohibited fireworks," or "display fireworks." The term "fireworks" shall not include any auto flares, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for the use of such caps, the sale and use of which shall be permitted at all times.
FLITTER SPARKLER
A narrow paper tube attached to a stick or wire and filled with no more than five grams of pyrotechnic composition that produces color and sparks upon ignition and the paper at one end of the tube is ignited to make the device function.
GROUND SPINNER
A small, rapidly spinning device containing no more than 20 grams of pyrotechnic composition venting out an orifice usually on the side of the tube that, when ignited, produces a shower of sparks and color. A ground spinner is similar in operation to a wheel, but is intended to be placed flat on the ground and ignited.
HELICOPTER or AERIAL SPINNER
A tube containing no more than 20 grams of chemical composition with a propeller or blade attached that spins rapidly as it rises in the air, with a visible or audible effect sometimes produced at or near the height of flight.[2]
ILLUMINATING TORCH
A cylindrical tube containing no more than 100 grams of pyrotechnic composition that produces a colored flame upon ignition and may be spiked, based, or hand-held; and when more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.[3]
MANUFACTURER
Any person, firm or corporation engaged in the manufacture of fireworks.
MINE or SHELL
A heavy cardboard or paper tube usually attached to a wooden or plastic base and containing no more than 40 grams of chemical composition plus not more than 20 grams of lift charge per tube that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect, or other devices propelled into the air, and that contains components producing reports containing a maximum 130 milligrams of explosive composition per report; a mine may contain more than one tube, but the tubes must fire in sequence upon ignition of one external fuse and the total chemical composition, including lift charges, of a multiple-tube device shall not exceed 200 grams.[4]
MISSILE-TYPE ROCKET
A device similar to a stick-type rocket in size, composition and effect that uses fins rather than a stick for guidance and stability and that contains no more than 20 grams of chemical composition.
PERMISSIBLE FIREWORKS
Fireworks legal for sale to and use in New Mexico by the general public.
PORTABLE BUILDINGS
Any structure, tent, trailer or vehicle which is of temporary nature or design which is used separately or together for the retail sale of fireworks to the general public. Any tent intended for use as a sales location shall comply with rules adopted by the State Fire Marshal.
PROHIBITED FIREWORKS
Fireworks which are not legal for sale or possession within the Village of Bosque Farms.
PYROTECHNIC COMPOSITION
A chemical mixture that on burning and without explosion produces visible or brilliant displays or bright lights or whistles or motion.
RETAILER
Any person, firm or corporation purchasing permissible fireworks for resale to consumers.
ROMAN CANDLE
A heavy paper or cardboard tube containing no more than 20 grams of chemical composition that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect.[5]
STATUTE
The State of New Mexico Fireworks Licensing and Safety Act (NMSA 1978, § 60-2C-1 et seq.).
STICK-TYPE ROCKET
A cylindrical tube containing no more than 20 grams of chemical composition with a wooden stick attached for guidance and stability that rises into the air upon ignition and produces a burst of color or sound at or near the height of flight.
TOY SMOKE DEVICE
A small plastic or paper item containing no more than 100 grams of pyrotechnic composition that produces white or colored smoke as the primary effect.
VENDOR
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 18 years of age or older.
WHEEL
A pyrotechnic device that is made to attach to a post or other surface that revolves, producing a shower of color and 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 wheel contains no more than 200 grams of total pyrotechnic composition.
[1]
Editor's Note: The definition of "aerial spinner," which preceded this definition, was repealed at time of adoption of Code (see Section 1-1).
[2]
Editor's Note: Amended at time of adoption of Code (see Section 1-1).
[3]
Editor's Note: Amended at time of adoption of Code (see Section 1-1).
[4]
Editor's Note: Amended at time of adoption of Code (see Section 1-1).
[5]
Editor's Note: The definition of "shell," which immediately followed this definition, was repealed at time of adoption of Code (see Section 1-1).
A. 
Applications for retail sales permits may be obtained in the office of the Village Clerk. 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. A plot plan of the location of the building on the property and parking provided must be presented and approved by the Village Planning and Zoning Administrator/Officer before the permit will be issued. The Planning and Zoning Administrator/Officer shall inspect the place of business for compliance with this Section 5-5.
(1) 
The permit must be prominently displayed on each place of business at all times.
(2) 
All state and fire regulations must be adhered to.
(3) 
The vendor must possess a current Revenue Division taxpayer identification number.
(4) 
Applications will be accepted between June 1 and June 10 of each year. Vendors and/or businesses shall provide the Clerk with a copy of the state-issued license or permit for the sale of fireworks with the application.
(5) 
Vendors who sell fireworks shall pay $25, with the exception of retail businesses which are currently licensed.
(6) 
Businesses which are currently licensed to the Village shall obtain a permit to sell fireworks and shall abide by all restrictions as indicated in this Section 5-5.
(7) 
Fireworks shall not be sold in any area other than that which is zoned C-1. Fireworks shall only be sold 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 Chinese New Year, the 16th of September and Cinco de Mayo of each year, and sold only between the hours of 8:00 a.m. and 10:00 p.m. each and every day.
(8) 
Portable buildings must have a minimum setback of 30 feet from the property line. No more than one portable building per permit will be allowed, and portable buildings shall be no more than 250 square feet in size. Portable buildings must be removed within 24 hours after a permit expires at 10:00 p.m. If not removed by 10:00 p.m., a fee of $25 per day may be imposed on the vendor.
(9) 
A vendor must provide a minimum of four designated parking spaces on the premises; such spaces shall not obstruct public rights-of-way.
(10) 
No fireworks shall be stored, kept, or displayed within 50 feet of any gasoline pump, refilling station, or any building in which gasoline or volatile liquids are stored or sold.
(11) 
No more than one fireworks stand shall be allowed within 1,000 feet of another fireworks stand. Permanent retail outlets are exempt from this requirement.
(12) 
Notwithstanding the provisions of the Village Sign Ordinance (Section 10-1, Zoning, § 10-1-20), one four-foot-by-four-foot sign will be allowed for each vendor permit, which shall be attached to the business structure.
(13) 
At all places where fireworks are sold or displayed, the words "No Smoking" shall be printed in letters at least four inches in height.
(14) 
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, six days preceding and including New Year's Day, and three days preceding and including Chinese New Year, the 16th of September and Cinco de Mayo of each year."
(15) 
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.
(16) 
All waste, boxes, etc. must be disposed of properly and shall not be allowed to be stored outside the building.
B. 
Public display. 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 the Treasury.
A. 
No private individual shall transport, store, detonate, or purchase any devices within the boundaries of the Village of Bosque Farms other than permitted devices specified in § 5-5-7 of this Section 5-5.
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 individual shall be subject to the penalties in § 5-5-11 of this Section 5-5 for violation of this Section 5-5.
F. 
All persons using fireworks or any kind shall be liable for any personal injury or any loss of property resulting from the use of fireworks.
G. 
No fireworks may be discharged within the Village limits prior to or after the allowable sale dates and only between the hours of 8:00 a.m. and 10:00 p.m.; with the exception of the actual holiday, when hours are extended until 12:00 midnight.
H. 
If the governing body issues a proclamation declaring a condition of extreme or severe drought, the procedures established in NMSA 1978, § 60-2C-8.1 shall be followed.
The Village 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.
Permissible devices shall include:
A. 
Ground and hand-held sparkling and smoke devices;
B. 
Cone fountains;
C. 
Crackling devices;
D. 
Cylindrical fountains;
E. 
Flitter sparklers;
F. 
Ground spinners;
G. 
Illuminating torches;
H. 
Toy smoke devices;
I. 
Roman Candles;
J. 
Wheels; and
K. 
Firecrackers.
The following fireworks are prohibited within the Village of Bosque Farms:
A. 
Aerial spinners;
B. 
Helicopters;
C. 
Mines;
D. 
Missile-type rockets;
E. 
Shells;
F. 
Stick-type rockets; and
G. 
Chasers.
A. 
A testing committee comprised of the Fire Chief or his designee from the Village of Bosque Farms, Village of Los Lunas, City of Belen and Valencia County shall test all fireworks submitted to be sold within that year. Testing will take place prior to May 15 of each year.
B. 
An approved list of permissible fireworks will be available for permittees prior to June 1 of that year. Only fireworks on the approved list can be sold.
A. 
The Fire Chief or his designee shall inspect the fireworks stands for conformance to this Section 5-5. The Village 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 Section 5-5.
B. 
Any vendor convicted of violating this Section 5-5 will not be issued a new permit for a period of two years from the date of revocation of the previous permit.
Any person who is convicted of violating a provision of this Section 5-5 shall be deemed guilty of a petty misdemeanor, unless otherwise provided for by state or federal law, and, upon conviction thereof, shall be subject to the penalty provisions set forth in Section 1-3 of the Village Code. Each day this Section 5-5 is violated shall be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Section 1-1).