[HISTORY: Adopted by the Board of County Commissioners of
Otero County 4-12-2018 by Ord. No. 18-02. Amendments noted where
applicable.]
STATE LAW REFERENCES
County ordinances — See NMSA 1978, § 4-37-1
et seq.
Fireworks Licensing and Safety Act– See NMSA 1978, §
60-2C-1 through 60-2C-11.
A.
This chapter shall be known as the "Otero County Fireworks Safety
and Use Ordinance."
B.
This chapter is enacted pursuant to the authority granted to counties
to provide for the safety and health of Otero County residents as
set forth in NMSA 1978, § 4-37-1.
C.
The provisions herein are held to include the minimum standards necessary
to carry out the purposes of this chapter.
D.
This chapter is designed and executed to protect the health, safety,
and general welfare of the residents of the County of Otero.
E.
The Fireworks Licensing and Safety Act, NMSA 1978, § 60-2C-1
through 60-2C-11, grants authority to the Board of County Commissioners
to regulate and prohibit the sale or use of any aerial devices and
ground audible devices.
A.
AFFECTED AREA
BASIN AREAS
COUNTY
MOUNTAIN AREAS
PERMISSIBLE FIREWORKS or CONSUMER FIREWORKS
As used in this chapter, the following terms shall have the meanings
indicated:
Shall be described for the purposes of this chapter as "basin
areas" and "mountain areas."
Those parts of the County designated by the United States
National Weather Service as in Fire Weather Zone 112, which are those
parts of the County that are below 5,500 feet in elevation and includes
the Tularosa Basin.
The unincorporated areas of Otero County.
Those parts of the County designated by the United States
National Weather Service as in Fire Weather Zone 113, which are those
parts of the County that are 5,500 feet or above in elevation and
includes the Sacramento Mountains.
Fireworks legal for sale to and use in New Mexico by the
general public that comply with the latest construction, performance,
composition, and labeling requirements established by the United States
Consumer Product Safety Commission and the United States Department
of Transportation. In the unincorporated areas of Otero County, "permissible
fireworks" does not include aerial nor ground audible devices when
restrictive conditions exist.
B.
The terms defined in the Fireworks Licensing and Safety Act, NMSA
1978, § 60-2C-2, and not otherwise defined in this chapter
shall have the same meanings when used in this chapter.
A.
Civic or governmental organizations, public schools, amusement parks, or any other recognized individual or organization may sponsor or conduct an officially supervised public or private fireworks display after securing a permit under § 131-4.
B.
The County of Otero shall be exempt from the application requirements
of this section whenever it holds a public fireworks display on County
property.
A.
No person may sell, hold for sale, import, distribute or offer for
sale, as manufacturer, distributor, wholesaler or retailer, any fireworks
in the County unless such person has first obtained a permit.
B.
An applicant for a permit to sell any fireworks or to conduct a pyrotechnic
display in the parks or other open places shall complete an application
on the form prescribed by the Board of County Commissioners and filed
with the Director of Emergency Services.[1]
[1]
Editor's Note: Said application form is included as an
attachment to this chapter.
C.
The application form shall require an applicant to provide:
(1)
The applicant's name;
(2)
The applicant's physical and mailing addresses;
(3)
The applicant's telephone number;
(4)
The applicant's e-mail address;
(5)
The applicant's tax identification number, if the applicant
is a business entity;
(6)
Whether the applicant holds any state permits relating to fireworks
and, if yes, the types, numbers, and expiration dates of those state
permits; and
(7)
A description of the activity for which the permit is sought.
D.
The failure of an applicant to fully and accurately complete the
application form shall result in the denial or revocation of the permit.
E.
The applicant shall be required to agree, as a condition to the granting
of the Otero County permit, to comply with the provisions of the Fireworks
Licensing and Safety Act, NMSA·1978, § 60-2C-1 through
60-2C-11, all Otero County ordinances and provide copies of all related
licenses required for commercial solicitors.
F.
The failure of an applicant to comply with any provision of the Fireworks
Licensing and Safety Act or Otero County ordinances shall result in
the denial or revocation of the permit.
G.
Otero County permits shall be issued for a one-year term, the term
beginning on February 1 of each year and expiring on January 31 of
the following year.
H.
Permits shall identify the location of the sales or display area
by physical address for an individual location. Multiple locations
are not permitted under a single permit.
I.
Permits are not transferable.
J.
There shall be no fee for the permit.
A.
Retail sales and storage of fireworks shall be governed by the provisions
of the Fireworks Licensing and Safety Act, NMSA 1978, § 60-2C-8.
B.
Permissible fireworks may be sold at specialty retail stores:
A.
All aerial devices and ground audible devices are considered nonpermissible
fireworks (restricted for use) in the Mountain Areas.
B.
Restrictions for sale of fireworks shall be based on severe, extreme
or exceptional drought conditions based on current drought indices
published by the National Weather Service, which can be found online
at http://droughtmonitor.unl.edu/.
C.
Restrictions for the use of fireworks shall be based on severe, extreme
or exceptional drought conditions, very high or extreme fire danger
and any other relevant information supplied by the United States Forest
Service Wildland Fire Assessment System, which can be found online
at https://www.wfas.net/.
D.
Pursuant to this chapter, the County may implement restrictions based
on severe, extreme or exceptional drought conditions, very high or
extreme fire danger within the County.
E.
The restrictions shall describe the time they are in effect either
by reference to certain dates or in reference to the persistence of
certain drought conditions as announced by the National Weather Service
or the United States Forest Service and may:
(1)
Limit the use within its jurisdiction of any fireworks not listed in § 131-5B(1) to areas that are paved or barren or that have a readily accessible source of water; or
(2)
Ban the use of all fireworks within wildlands in its jurisdiction,
after consultation with the state forester; or
(3)
Ban or restrict the sale or use of display fireworks.
G.
Otero County shall notify retail sales permit holders no less than
20 days prior to a holiday for which fireworks may be sold. The notice
may be made by United States mail or e-mail.
H.
Except as otherwise provided in this subsection, this chapter shall
be effective as conditions warrant. Otero County may modify or rescind
its restrictions if weather conditions have improved.
In addition to any other penalty or remedy provided by law,
any person who violates this chapter shall be punished by a fine of
up to $300 or imprisonment up to 90 days, or both fine and imprisonment.
Each day on which this chapter is violated shall constitute a separate
violation.
Otero County or any law enforcement agency, in addition to other
remedies provided by law, may seek an injunction against anyone who
uses fireworks in violation of this chapter. If the County is granted
an injunction, it shall be entitled to recover attorney fees and court
costs.
Pursuant to NMSA 1978, § 4-37-9C, this chapter shall
take effect immediately after the enacting ordinance has been recorded
in the book kept by the County for that purpose and authenticated
by the signature of the County Clerk.