This chapter shall be cited as the town fireworks ordinance.
(Ordinance 01-2 adopted 2001)
To authorize local enforcement including fire, police, and code enforcement to enforce violations of the New Mexico Fireworks Licensing and Safety Act and to assist in protecting the public health, welfare and safety of the residents of the town.
(Ordinance 01-2 adopted 2001)
The following definitions shall apply in the interpretation and enforcement of this chapter:
A tube containing no more than twenty grams (20 g) of chemical composition with a propeller or blade attached that spins rapidly as it rises into the air with a visible or audible effect sometimes produced at or near the height of flight.
The person or entity applying for and issued a permit if in compliance with state laws and local ordinances and the person responsible to the town as provided for in this chapter.
A paper or cardboard tube venting out the fuse end of the tube that contains no more than twenty grams (20 g) of chemical combustion and travels along the ground, often producing a whistling effect or other noise; an explosive composition not to exceed fifty milligrams (50 mg) 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.
The municipal clerk of the Town of Taos.
Items in combination that consist of fireworks and/or devices containing combinations of two (2) or more effects described herein. If one of the combination is prohibited then the whole combination item is prohibited.
A cardboard or heavy paper cone containing no more than fifty grams (50 g) of pyrotechnic composition that has the same effect as a cylindrical fountain; and when more than one cone is mounted on a common base, total pyrotechnic composition shall not exceed two hundred grams (200 g).
The town council of the Town of Taos.
A sphere or paper tube that contains no more than twenty grams (20 g) 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 (50 mg) limit of firecrackers.
A cylindrical tube containing not more than seventy-five grams (75 g) 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 held; and when more than one tube is mounded on a common base, total pyrotechnic composition shall not exceed two hundred grams (200 g).
Any person, firm or corporation selling 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 one hundred thirty milligrams (130 mg) of explosive composition; aerial shells containing more than forty grams (40 g) 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 fireworks device.
The local administrative fire chief or his designated representative.
A small, paper wrapped or cardboard tube containing no more than fifty milligrams (50 mg) of explosive composition that produces noise and a flash of light; provided, that firecrackers used in aerial devices may contain up to one hundred thirty milligrams (130 mg) 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”.
A narrow paper tube attached to a stick or wire and filled with no more than five grams (5 g) 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 twenty grams (20 g) of pyrotechnic composition venting out an orifice usually on the side of the tube that when ignited produces a shower of sparks and color. “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 twenty grams (20 g) of chemical composition with propeller or blade attached that spins rapidly as it rises into the air with a visible or audible effect sometimes produced at or near the height of flight.
A cylindrical tube containing no more than one hundred grams (100 g) of pyrotechnic composition that produces a colored flame upon ignition and may be spiked, based, or handheld, and when more than one tube is mounted on a common base, the total pyrotechnic composition shall not exceed two hundred grams (200 g).
A person, firm or corporation importing fireworks from a foreign country or a person, firm or corporation bringing fireworks or causing fireworks to be brought within the jurisdiction of this chapter for subsequent sale.
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 forty grams (40 g) of chemical composition plus not more than twenty grams (20 g) 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 one hundred thirty milligrams (130 mg) 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 two hundred grams (200 g).
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 twenty grams (20 g) of chemical composition.
Fireworks legally for sale to, and in 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 town.
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 fireworks for resale to the general public or consumers.
A heavy paper or cardboard tube containing no more than twenty grams (20 g) of chemical composition that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect.
A heavy cardboard or paper tube usually attached to a wooden plastic base and containing no more than forty grams (40 g) of chemical composition plus not more than twenty grams (20 g) of lift charge per tube that individually expels pellets or 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 one hundred thirty milligrams (130 mg) 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 two hundred grams (200 g).
For the purposes of this chapter, refers to the State of New Mexico Fireworks Licensing and Safety Act beginning at section 60-2C-1 New Mexico Statutes Annotated, 1978.
A cylindrical tube containing no more than twenty grams (20 g) 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 one hundred grams (100 g) 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.
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 sixty grams (60 g) of pyrotechnic composition and the total wheel contains no more than two hundred grams (200 g) of total pyrotechnic composition.
Any person, firm or corporation purchasing fireworks for resale to retailers.
Any lands covered wholly or in part by timber, brush or native grass.
(Ordinance 01-2 adopted 2001)
Novelties are not fireworks and are not subject to the provisions of the Fireworks Licensing and Safety Act and this chapter. For the purpose of this section “novelties” means devices containing small amounts of pyrotechnic or explosive composition that produce limited visible or audible effects, including party poppers, snappers, snakes, glow worms, sparklers or toy caps and devices intended to produce unique visual and audible effects that contain sixteen milligrams (16 mg) or less of explosive composition and limited amounts of other pyrotechnic compositions, including cigarette loads, trick matches, explosive auto alarms and other trick noisemakers.
A.
Snakes, glow worms.
A pressed pellet of pyrotechnic composition that produces a snake-like ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.
B.
Wire sparkler.
A wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed one hundred grams (100 g) of composition per item. Devices containing any chlorate or perchlorate salts may not exceed five grams (5 g) of composition per item.
C.
Trick noisemaker.
An item that produces a small report intended to surprise the user. These devices include:
1.
Party popper.
A small plastic or paper item containing not in the excess of sixteen milligrams (16 mg) of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite the device, expelling paper streamers and producing a small report (noise).
2.
Booby trap, pulling fireworks.
A small tube with string protruding from both ends. Similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.
3.
Snapper.
A small paper wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes, producing a small report.
4.
Trick match.
Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or shower of sparks is produced.
5.
Cigarette load.
A small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one of the pegs, a small report is produced.
6.
Auto burglar alarm.
A tube, which contains pyrotechnic composition that produces a loud whistle and/or smoke when ignited. A small quantity of explosive, not exceeding fifty milligrams (50 mg), may be used to produce a small report. A squib is used to ignite the device.
(Ordinance 01-2 adopted 2001)
A.
All vendors of fireworks within the municipality must obtain a local fireworks retail sales permit from the town clerk. Each sales location within the municipality shall have a separate permit. No permissible fireworks may be sold without securing a retail business license with no further cost or fees other than the fireworks permit fee set forth in the fee schedule in appendix A of this code and having the premises inspected and pass inspection. The license must be on display at the location where the retail sales take place. The fireworks license is not transferable.
B.
Manufacturers, distributors, wholesalers, and importers shall be issued licenses for a period of one year. The license shall be for one place of business and is not transferable. The license fees shall be set from time to time as the town council establishes.
C.
The town fire chief, police chief, code enforcement officer, or their designees shall be charged with the responsibility of enforcing this chapter. All license applications shall be submitted to the town and then forwarded to the town fire chief and police chief for approval and NCIC check to be performed by the police department. Upon acceptance, the application will be returned to the town and the license will be issued in accordance with the state law and this chapter.
D.
The town fire chief, police chief, code enforcement officer or their delegates may inspect any business manufacturing, storing or selling fireworks for purposes of determining whether a license has been issued and posted; whether the manufacture, storage or sale is in compliance with this chapter or state law; or whether the manufacture, storage or sale is otherwise being conducted in a safe manner. Refusal to permit such an inspection shall be grounds for immediate revocation of a license. The inspectors reserve the right to issue written directives as to safety measures, which must be complied with above and beyond those listed in this chapter.
E.
If the aforementioned officials or their assignees determine that an eminent danger exists to life or property as a result of unsafe practices related to the manufacture, storage or sale of fireworks, he may immediately suspend a license and order that the manufacture, storage or sale cease, provided, that an administrative hearing is conducted within forty-eight (48) hours.
F.
A permit may be issued by the municipality and upon issuance, shall be valid for one year unless revoked as otherwise provided in this chapter. Vendors must present, at the time of application for permit, a copy of a written agreement for use, rent or lease of land intended for the vendor’s sales location, unless the vendor is located within a permanent structure. Such written agreements for use, rent or lease of land for use as a fireworks sales location shall be signed by the owner, property manager or tenant having authority to execute such documents.
1.
Applications will be accepted up to the first day of any selling period. Vendors and/or businesses shall provide the municipality with a copy of the state issued license or permit for the sale of fireworks with the application.
2.
Vendors who sell fireworks shall pay a permit fee in the amount set forth in the fee schedule in appendix A of this code unless amended by the New Mexico Fireworks Licensing and Safety Act.
3.
Vendors shall post a required one thousand five hundred dollar ($1,500.00) bond or money order in the same amount. The applicant agrees by posting said bond or money order to comply with all aspects of the sale and handling of fireworks as set forth in this chapter. The applicant acknowledges that failure to comply with all or any aspects of this chapter will constitute a forfeiture of the bond in whole or part to satisfy the penalty section of this chapter after due process in the municipal court. The town or any other government entity shall not be required to file a bond.
4.
Vendors are responsible for the applicable municipal gross receipts taxes.
5.
Portable buildings must be set back a reasonable distance from the roadway and shall not obstruct the public right-of-way.
6.
No fireworks shall be stored, kept, sold or discharged within fifty feet (50') of any gasoline pump or gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.
7.
At all places where fireworks are stored, sold or displayed, the words “NO SMOKING” shall be posted in letters at least four inches (4") in height. Smoking, open flames and any ignition source are prohibited within twenty-five feet (25') of any fireworks stock.
8.
Original permits must be prominently displayed at each location at all times.
9.
All fireworks permit holders and licensees shall keep and maintain upon the premises a fire extinguisher bearing an Underwriters’ Laboratories Incorporated rated capacity of at least five (5) pound ABC per five hundred (500) square feet of space used for fireworks sales or storage.
10.
A bucket containing a minimum of five (5) gallons of water shall be stored in the sales area for the purpose of dousing any ignited fireworks in the sales area. There shall be one bucket per five hundred (500) square feet of space used for fireworks sale or storage.
11.
Sales areas that are constructed by portable tents must meet all applicable fire codes for that type of tent, including materials, size, and construction.
12.
There must be some means to contact emergency services, 911 dispatch, from the fireworks sales area at all times of operation and storage of fireworks.
(Ordinance 01-2 adopted 2001; Ordinance adopting 2023 Code)
Nothing herein shall prohibit the public display of fireworks, except that any individual, association, partnership, corporation, organization, county, or municipality shall secure a permit from the governing body of the town where a public display is to be fired. The display fireworks shall be purchased from a distributor or display distributor licensed by the state fire marshal and the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury. The fire chief, prior to a vendor ordering any fireworks for the approved display, must approve a list of fireworks permitted for a public display.
(Ordinance 01-2 adopted 2001)
A.
It is unlawful to offer for sale or sell any fireworks to children under the age of sixteen (16) years or to any intoxicated person.
B.
No fireworks shall be discharged within one hundred fifty feet (150') of any fireworks retail sales location.
C.
No person shall ignite any fireworks within a motor vehicle or throw fireworks from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle or at or near any person or group of people.
D.
In addition to the requirements of this chapter, vendors will comply with all applicable requirements imposed under the Fireworks Licensing and Safety Act.
(Ordinance 01-2 adopted 2001)
In retail sales locations, any fireworks devices that are readily accessible to handling by consumers or purchasers must have their fuses protected in such a manner as to protect against accidental ignition of an item by a spark.
(Ordinance 01-2 adopted 2001)
The fire chief, his designated representative, town police and/or a town code enforcement officer may, within the hours of operation of the vendor or at any reasonable hour, enter and inspect the premises, portable building or any structure temporarily or permanently located at the site designated for the sale, packaging or handling of permissible fireworks and may seize nonpermitted fireworks as provided in this chapter.
A detailed list of all fireworks that are to be sold during the sales period, to include, but not be limited to, type and quantity, must be approved prior to the delivery of fireworks in the town. The fire chief reserves the right to request a personal inspection of each fireworks prior to it being delivered to the sales area. Failure to comply will further restrict which fireworks are approved for the specific site.
(Ordinance 01-2 adopted 2001)
A.
The following are permissible fireworks within the municipality of the town unless banned by extreme drought conditions by a proclamation or ordinance of the town:
(Ordinance 01-2 adopted 2001)
It is illegal to possess or to sell or offer to sell any fireworks prohibited by this chapter. The following are prohibited fireworks within the municipality:
(Ordinance 01-2 adopted 2001)
The fire chief may inspect the fireworks stands for conformance with this chapter.
A.
The fire chief shall seize, take, remove or cause to be removed at the expense of the permit holder all stock of fireworks offered or exposed for sale in violation of this chapter.
B.
The fire chief shall seize, take, remove or cause to be removed at the expense of the person in possession all fireworks possessed by the person in violation of this chapter.
(Ordinance 01-2 adopted 2001)
A.
Any individual, firm, partnership or corporation that violates any provision of this chapter is guilty of a petty misdemeanor and, upon conviction, shall be subject to a fine of not more than $500 or imprisonment of a period of not more than 90 days, or both. It is a separate violation for each day a violation continues.
B.
In addition to any other criminal penalties that may be imposed, any individual, firm, partnership, or corporation found guilty by a court of competent jurisdiction of violating this chapter or the Fireworks Licensing and Safety Act[1] two or more times within a five year period shall, after notice and hearing, have its permit revoked for a period of one year.
[1]
Editor's Note: See NMSA 1978, Ch. 60, Art. 2C.
C.
A red tag may be posted on a property explaining the nature of the violations upon determination by a Code Official or the Planning Department that the property has immediate and major safety violations of state or local codes indicating that a building, structure, or business has significant and immediate hazards threatening the health, safety, and welfare of the Community that must be addressed.
D.
A posted red tag shall cause the closure, or restriction of use, of a property until the violations are corrected and a re-inspection is passed.
E.
The owner of a property bearing a posted red tag must bring the property into compliance within a specific time frame by addressing all cited violations. This may involve hiring a contractor, obtaining proper permits, and performing any required work. If the owner fails to bring the property into compliance, the Town of Taos may take further action, which may include fines, liens on the property, or demolition.
F.
Any person other than a Code Official who removes a posted red tag shall be guilty of a petty misdemeanor and, upon conviction, subject to a fine not exceeding $300 or to a sentence of confinement not exceeding 90 days in jail, or both.
G.
Each day a wrongfully removed red tag remains unposted shall constitute a separate offense subject to the penalties listed above.
H.
The removal of a posted red tag by anyone other than a Code Official shall result in the immediate issuance of a citation, starting the $300 a day fine.
(Ordinance 01-2 adopted 2001; Ordinance 26-03 adopted 2/24/2026)
All revenues generated and received from fines levied in this chapter shall be placed in a fund for the local fire department for the purpose of community awareness, development and relations relating to fire prevention and fire safety.
(Ordinance 01-2 adopted 2001)
If any action, subsection, paragraph, phrase or other portion of this chapter shall be declared invalid for any reason whatsoever by a court of competent jurisdiction, then such decision shall not affect the validity or enforceability of the remaining portions of this chapter.
(Ordinance 01-2 adopted 2001)
Pursuant to New Mexico Statutes Annotated 60-2C-8.1 and as from time to time amended, the town council has the following authority:
A.
The town council may hold a hearing to determine if fireworks restrictions should be imposed within the boundaries of the incorporated town affected by extreme or severe drought conditions. The findings of the town council shall be based on current drought indices published by the National Weather Service and any other relevant information supplied by the United States Forest Service.
B.
Pursuant to any hearing under subsection A of this section, the town council shall issue a proclamation declaring extreme or severe drought conditions within the boundaries of the incorporated municipality if the governing body determines such conditions exist.
C.
The town council’s proclamation:
1.
Shall ban the sale and use of missile type rockets, helicopters, aerial spinners, stick type rockets and ground audible devices within the affected drought area; and
2.
Shall give the governing body the power to:
a.
Limit the use within its jurisdiction of any fireworks not listed in subsection C.1 of this section to areas that are paved or barren or that have a readily accessible source of water for use by the homeowner or the general public;
b.
Ban the use of all fireworks within wild lands in its jurisdiction, after consultation with the state forester. The town’s wild lands are identified as any area that is determined by the fire department as an urban interface area where vegetation and forestry products coincide with inhabited areas; and
c.
Ban or restrict the sale or use of display fireworks.
D.
The municipal governing body’s proclamation declaring an extreme or severe drought condition shall be issued no less than twenty (20) days prior to a holiday for which fireworks may be sold. The proclamation shall explain restrictions on the sale or use of fireworks and permitted sales or uses of fireworks.
E.
A municipal governing body’s proclamation shall be effective for thirty (30) days and the governing body may issue succeeding proclamations if extreme or severe drought conditions warrant. A proclamation may be modified or rescinded within its thirty (30) day period by the governing body upon conducting an emergency hearing to determine if weather conditions have improved.
(Ordinance 01-2 adopted 2001)