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 punished by a fine of not more than five hundred dollars
($500.00) or imprisonment of a period of not more than ninety (90)
days or both fine and imprisonment. 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 two (2) or more times within a five (5) year period
shall, after notice and hearing, have its permit revoked for a period
of one year.
(Ordinance 01-2 adopted 2001)
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)
