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.