SENATE BILL 841
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Leonard Lee Rawson
AN ACT
RELATING TO FIREWORKS; GIVING MUNICIPALITIES AND COUNTIES GREATER AUTHORITY TO REGULATE OR PROHIBIT FIREWORKS OR TO BAN OR LIMIT FIREWORKS IN EXTREME OR SEVERE DROUGHT; AMENDING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 60-2C-7 NMSA 1978 (being Laws 1989, Chapter 346, Section 7, as amended) is amended to read:
"60-2C-7. PERMISSIBLE FIREWORKS.--
A. Permissible fireworks are:
(1) ground and hand-held sparkling and smoke devices:
(a) cone fountains;
(b) crackling devices;
(c) cylindrical fountains;
(d) flitter sparklers;
(e) ground spinners;
(f) illuminating torches;
(g) toy smoke devices; and
(h) wheels;
(2) aerial devices:
(a) aerial spinners;
(b) helicopters;
(c) mines;
(d) missile-type rockets; [and]
(e) roman candles;
(f) shells; and
(g) stick-type rockets, except as provided in Subsection B of this section; and
(3) ground audible devices:
(a) chasers; and
(b) firecrackers.
B. Stick-type rockets having a tube less than a one-quarter-inch inside diameter are not permissible fireworks.
C. A municipality or county [shall not] may by ordinance regulate [and] permissible fireworks more strictly than the Fireworks Licensing and Safety Act or prohibit the sale or use of [any permissible firework except aerial devices and ground audible devices] permissible fireworks."
Section 2. Section 60-2C-8.1 NMSA 1978 (being Laws 1997, Chapter 17, Section 9, as amended) is amended to read:
"60-2C-8.1. EXTREME OR SEVERE DROUGHT CONDITIONS--RESTRICTED SALE AND USE.--
A. The governing body of a municipality may hold a hearing to determine if fireworks restrictions should be imposed within the boundaries of the incorporated municipality affected by extreme or severe drought conditions. The findings of the governing body 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 governing body of a municipality shall issue a proclamation declaring extreme or severe drought conditions within the boundaries of the incorporated municipality if the governing body determines [such] that those conditions exist. The governing body's proclamation shall:
(1) [shall] ban all fireworks or limit 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 Paragraph (1) of this subsection] fireworks to areas that are paved or barren or that have a readily accessible source of water for use by [the] a homeowner, [or] the general public or an entity firing display fireworks; and
[(b)] (2) ban the use of all fireworks within wildlands in its jurisdiction, after consultation with the state forester [and
(c) ban or restrict the sale or use of display fireworks].
C. The municipal governing body's proclamation declaring an extreme or severe drought condition shall be issued no less than twenty days prior to a holiday for which fireworks may be sold. The proclamation shall explain the ban or restrictions on the sale or use of fireworks and permitted sales or uses of fireworks.
D. A municipal governing body's proclamation shall be effective for thirty 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-day period by the governing body upon conducting an emergency hearing to determine if weather conditions have improved.
E. The governing body of a county may hold a hearing to determine if fireworks restrictions should be imposed within the unincorporated portions of the county affected by extreme or severe drought conditions. The findings of the governing body 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.
F. Pursuant to any hearing under Subsection E of this section, the governing body of a county shall issue a proclamation declaring extreme or severe drought conditions within the unincorporated portions of the county if the governing body determines [such] that those conditions exist. The governing body's proclamation shall:
(1) [shall] ban all fireworks or limit 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 Paragraph (1) of this subsection] fireworks to areas that are paved or barren or that have a readily accessible source of water for use by [the] a homeowner, [or] the general public or an entity firing display fireworks; and
[(b)] (2) ban the use of all fireworks within wildlands in its jurisdiction, after consultation with the state forester [and
(c) ban or restrict the sale or use of display fireworks].
G. The county governing body's proclamation declaring an extreme or severe drought condition shall be issued no less than twenty days prior to a holiday for which fireworks may be sold. The proclamation shall explain the ban or restrictions on the sale or use of fireworks and permitted sales or uses of fireworks.
H. Except as otherwise provided in this subsection, a proclamation shall be effective for thirty days, and the county governing body may issue succeeding proclamations if extreme or severe drought conditions warrant. A proclamation may be modified or rescinded within its thirty-day period by the governing body upon conducting an emergency hearing to determine if weather conditions have improved."
Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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