New Mexico Statewide Rule
New Mexico Fireworks Licensing and Safety Act Statewide Rules
Key Facts
- Governing statute
- NMSA 60-2C-1 et seq.
- Local ban authority
- Limited to drought conditions
- Permissible fireworks
- Defined by state law
- Display permits
- Required for aerial shows
- Misdemeanor penalty
- Up to $500 fine
Summary
The New Mexico Fireworks Licensing and Safety Act preempts local bans on permissible consumer fireworks, but allows municipalities to restrict use during severe drought conditions when authorized by state agencies.
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 conditions exist. The governing body'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 Paragraph (1) of this subsection 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 wildlands in its jurisdiction, after consultation with the state forester; and (c) ban or restrict the sale or use of display fireworks.
Full Breakdown
Under NMSA 60-2C-1 through 60-2C-11, the Fireworks Licensing and Safety Act regulates the sale and use of permissible consumer fireworks statewide. Cities and counties cannot ban permissible fireworks outright but may restrict aerial and ground audible devices during periods of extreme or severe drought as declared. Permissible fireworks include cone fountains, crackling devices, ground spinners, illuminating torches, and sparklers. Display fireworks require licensed pyrotechnicians and permits. Sellers must obtain state retailer licenses. Local governments may designate where fireworks may be discharged, such as paved areas or barren ground.
Violations & Penalties
Selling fireworks without a license or using prohibited fireworks is a misdemeanor punishable by fines up to $500 and possible jail time; violations during drought restrictions may incur additional penalties.
Frequently Asked Questions
Can my city ban all fireworks?
What fireworks are always permissible?
Sources
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