[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.
As used in this Section 5-5, the following terms shall have
the meanings indicated:
The person issued a permit and the person responsible to
the Village of Bosque Farms as provided for in this Section 5-5.[1]
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.
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.
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.
The governing body of the Village of Bosque Farms.
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.
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.
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.
Any chemical compound or mixture, the primary purpose of
which is to function by explosion, producing an audible effect in
a firework device.
The Bosque Farms Fire Chief or his designated representative.
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.
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.
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.
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.
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]
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]
Any person, firm or corporation engaged in the manufacture
of fireworks.
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]
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.
Fireworks legal for sale to and use in New Mexico by the
general public.
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.
Fireworks which are not legal for sale or possession within
the Village of Bosque Farms.
A chemical mixture that on burning and without explosion
produces visible or brilliant displays or bright lights or whistles
or motion.
Any person, firm or corporation purchasing permissible fireworks
for resale to consumers.
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]
The State of New Mexico Fireworks Licensing and Safety Act
(NMSA 1978, § 60-2C-1 et seq.).
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.
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.
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.
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:
The following fireworks are prohibited within the Village of
Bosque Farms:
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).
