§ 3. FIREWORKS

A.

DEFINITION

The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

1.

Distributor: Those who sell fireworks to retailers or to jobbers for resale to others.

2.

Fireworks: Any composition or device designed to produce a visible or audible effect by combustion, explosion, deflagration, or detonation, such as firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells, gerbs or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and such term shall include all articles or substances within the commonly accepted meaning of fireworks, whether specifically designated and defined in this subsection or not.

3.

Illegal Fireworks: A fireworks device manufactured, distributed or sold in violation of this section.

4.

Importer: Those who import fireworks from a foreign country for sale to distributor, jobbers, or retailers within the state.

5.

Jobber: Those who purchase fireworks for resale to consumers only.

6.

Manufacturer: Persons that are engaged in the making of fireworks.

7.

Person: The term means and includes any natural person, association of persons, partnerships, corporation, agent, or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators.

8.

Public display: The igniting and shooting of fireworks for public amusement.

9.

Retailer: Those who purchase fireworks for resale to consumers only.

B.

GENERAL PROHIBITION

Except as otherwise specifically provided in this subsection, it shall be unlawful for any person to sell, offer to sell or have in his possession with intent to sell, keep, use, discharge, cause to be discharged, ignite, detonate, fire, or otherwise set in action any fireworks of any description.

C.

EXCEPTIONS

The general prohibitions as set forth in subsection "B" shall not apply to the following:

(a)

Subsection B shall not apply to toy pistols, toy canes, toy guns, or similar devices in which paper caps obtaining 0.0025 grains or less of explosive compounds are used, provided they are so constructed that the land cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than 0.0025 grains of explosive compounds, the sale and use of which shall be permitted at all times.

(b)

It shall not be unlawful, upon a permit issued by the Fire Marshal, for any person engaged in any organized play, legitimate theatrical performance, circus, or other show designed for the amusement and edification of the general public to use, discharge, or cause to be discharged and ignited fireworks as a part of an act, performance, play, or circus, so long as such person does not also engage in the retailing, wholesaling, selling, or distribution of any of such fireworks. The Fire Marshal shall cause to be made an investigation of each application made under this subsection to determine whether the use of such fireworks as proposed shall be of such character that it may be hazardous to property or dangerous to any person; and he shall, in the exercise of reasonable discretion, grant or deny the application.

(c)

Subsection B shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroads, which signal flares and torpedoes are received by and stored or transported by any railroad for use in railroad operation; nor shall Subsection B apply to any marine signal flare or rocket which is transported or received or stored for use as ship's stores; nor shall Subsection B apply to signal flares or rockets for military or police use; nor shall Subsection B apply to signal flares for use by motorists in distress.

D.

PUBLIC DISPLAYS EXEMPTED

The provisions of Subsection B shall not apply to a public display of fireworks made under the terms and conditions of this subsection, and such display shall be permitted upon compliance with the provisions of the City's adopted Fire Prevention Code and of this subsection, as follows:

(a)

Any adult person or any firm, co-partnership, corporation or association planning to make a public display of fireworks shall first make written application for a permit to the Fire Marshal at least forty-eight (48) hours in advance of the date of the proposed display.

(b)

It shall be the duty of the Fire Marshal to make an investigation as to whether the display as proposed by the applicant for a permit under this section shall be of such a character that it may be hazardous to property or dangerous to any person; and he shall, in the exercise of reasonable discretion, grant or deny the application, subject to the conditions prescribed in this subsection. If the application is approved, a permit shall be issued for the public display by the Fire Marshal. Such permit shall be for a period of time designated on the permit, but shall not exceed fourteen (14) calendar days, and the permit shall not be transferable. If the application is denied by the Fire Marshal, he shall notify the applicant of the denial in writing.

(c)

The applicant for a display permit under this Subsection shall, at the time of making application, furnish proof that he carries compensation insurance for his employees as provided by the laws of the State; and he shall file with the Fire Marshal a certificate of insurance evidencing the carrying of public liability insurance in an amount not less than three hundred thousand dollars ($300,000.00), issued by an insurance carrier authorized to transact business in the State, for the benefit of the person named therein as insured, as evidence of ability to respond in damages in at least the amount of three hundred thousand dollars ($300,000.00), such policy to be approved by the Fire Marshal. In lieu of insurance, the applicant may file with the Fire Marshal a bond in the amount of three hundred thousand dollars ($300,000.00), issued by an authorized surety company approved by the Fire Marshal, conditioned upon the applicant's payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks or any negligence on the part of the applicant or his agents, servants, employees, or subcontractors in the presentation of the public safety.

(d)

The range of aerial displays shall not be more than two hundred (200) feet, and the fireworks shall be discharged vertically from tubes approved by the Fire Marshal.

(e)

The limit of a display authorized by this subsection shall not be more than forty-five (45) minutes per performance, and there shall not be more than two (2) performances in each twenty-four (24) hours.

(f)

No public display of fireworks shall be of such a character and so located, discharged, or fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the Fire Marshal.

(g)

The persons handling the display of fireworks under this Subsection shall be competent, adult persons and experienced pyrotechnic operators approved by the Fire Marshal. No person not approved by the Fire Marshal shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued.

(h)

For each public display of fireworks under this Subsection, the Fire Marshal may require that not less than two (2) firefighters of the Santa Fe Fire and Rescue be in attendance during the display. The expense of such firefighters at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application for the permit.

(i)

The material to be used for a public display authorized by this Subsection shall not be stored within the city limits, but shall be brought in on the day of the public display and then shall be taken immediately to the place of the display for further handling and storage.

E.

ILLEGAL FIREWORKS DECLARED NUISANCE; SEIZURE AND DESTRUCTION

(a)

The presence of any fireworks within the city and within the area immediately adjacent and contiguous to the city limits extending for a distance outside of such city limits for a total of five thousand (5,000) feet, in violation of this Section, is hereby declared to be a common and public nuisance. The Fire Marshal or any other law enforcement officer is directed and required to seize any fireworks found in violation of this Section, and any authorized deputy of the Fire Marshal, or any police officer of the City, or any other duly-constituted State peace officer is empowered to stop the transportation of and detain any fireworks illegally or to close any building where any fireworks are found stored illegally until the Fire Marshal can be notified, in order that such fireworks may be seized in accordance with the terms of this Section.

(b)

Notwithstanding any penal provision of this Section, the City Attorney is authorized to file suit on behalf of the City, the Fire Marshal, or both for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping, or use of fireworks within the city or within the five thousand-foot area described in (a) of this Subsection. It shall not be necessary to obtain injunctive relief as a prerequisite to seizure of fireworks.

(c)

If any fireworks or combustibles are deemed by the Fire Marshal to be in such a state or condition as to constitute a hazard to life or property, the Fire Marshal may dispose of such fireworks or combustibles without further process of law. The Fire Marshal is authorized to dispose of any abandoned fireworks or combustibles that he deems to be hazardous to life or property.

(d)

If the person so charged is found guilty of violating the provisions of this chapter or any rule or regulation adopted pursuant thereto with regard to possession, handling, or storage of fireworks or combustibles, the Fire Marshal is authorized to dispose of the confiscated material in such a way as he shall deem equitable.

(Ordinance No. 05-2009 of April 9, 2009, Sec. 3)

F.

PENALTY FOR VIOLATION OF SECTION

Any person who shall manufacture, assemble, store, or process fireworks in violation of this Section shall, upon conviction, be punished by a fine as set forth in Chapter 1, General Provisions, Section 5, General Penalty for Violations of the Code. If fireworks are separately wrapped or packaged, the commission or omission of any act prohibited by this Section shall be a separate offense as to each such separately wrapped or separately packaged firework.

G.

CONFLICT

If there is any conflict between the provisions of the Fire Prevention Code and the provisions of this ordinance, the provisions of this Ordinance shall preempt and be controlling. That all ordinances or parts of ordinances in conflict herein and with are hereby expressly repealed to the extent of such conflict.

H.

SAVINGS CLAUSE

That, in the event any section, clause, sentence, paragraph, or part of this ordinance shall be for any reason adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, invalidate, or impair the remainder of this ordinance.

I.

EFFECTIVE DATE

This section shall become effective on January 3, 2001.

(Ordinance No. 05-2006 of Mar. 9, 2006, Sec. 3)