Albuquerque bans the aerial devices and ground audible devices it is allowed to prohibit under New Mexico's Fireworks Licensing and Safety Act. Fire Code Section 3309.1 prohibits possession, storage, sale and use of aerial spinners, helicopters, missile- and stick-type rockets, Roman candles, chasers (bottle rockets) and firecrackers citywide.
New Mexico law (Chapter 60, Article 2C NMSA 1978, the 'Fireworks Licensing and Safety Act') preempts most local fireworks regulation: under Section 60-2C-7 a municipality or county shall not by ordinance regulate and prohibit the sale or use of any permissible firework except aerial devices and ground audible devices. Albuquerque exercises that authority in Fire Code Section 3309.1, which prohibits the listed aerial devices (aerial spinners, helicopters, missile-type rockets, stick-type rockets, Roman candles) and ground audible devices (chasers/bottle rockets, firecrackers) from possession, storage, sale and use in the city. 'Caution'-labeled ground and hand-held sparkling devices (fountains, sparklers, ground spinners, wheels, illuminating torches) remain legal. Discharge is further restricted: Section 3309.5.1 bars use within 200 feet of a City Designated Open Space Area, the Bosque (Rio Grande Valley State Park), Wildland Areas, or privately owned undeveloped lands, and Section 3309.5.2 bars use in any city park, including Balloon Fiesta Park. Permit applications for retail fireworks sales must be made 14 days in advance (Sec. 3309.2).
Per Section 3309.6.1, any individual, firm, partnership or corporation that violates the Fireworks Licensing and Safety Act or this code is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500 and/or imprisonment for not more than 90 days. Illegal fireworks are subject to seizure as evidence under Sections 3309.6.2 and 3309.6.3. Report illegal fireworks online at cabq.gov or call 505-798-7000 in Bernalillo County.
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