This Section 5-5 shall be known and may be cited as the "Village
of Bosque Farms Fireworks Ordinance."
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.
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.
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.
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.
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.
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.
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.
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;
The following fireworks are prohibited within the Village of
Bosque Farms:
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.