§ 8.08.030. Definitions.
As used in this chapter:
"Aerial spinner" means a tube containing no more than twenty grams 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.
"Applicant" means the person issued a permit and the person responsible to the village of Los Lunas as provided for in this chapter.
"Chaser" means a paper or cardboard tube venting out the fuse end of the tube that contains no more than twenty grams of chemical combustion and travels along the ground, often producing a whistling effect or other noise; an explosive composition not to exceed fifty milligrams may be included to produce a report.
"Chemical composition" means and 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.
"Cone fountain" means a cardboard or heavy paper cone containing no more than fifty grams 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.
"Council" means the council of the village of Los Lunas.
"Crackling device" means a sphere or paper tube that contains no more than twenty grams 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 limit of firecrackers.
"Cylindrical fountain" means a cylindrical tube containing not more than seventy-five grams 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 hand-held; and when more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed two hundred grams.
"Display distributor" means any person, firm, or corporation selling display fireworks.
"Display fireworks" means 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 of explosive composition; aerial shells containing more than forty grams of chemical composition exclusive of lift charge; and other exhibition display items that exceed the limits for permissible fireworks.
"Distributor" means any person, firm, or corporation selling fireworks to wholesalers and retailers for resale.
"Explosive composition" means any chemical compound or mixture, the primary purpose of which is to function by explosion, producing an audible effect in a fireworks device.
"Fire chief" means the village of Los Lunas fire chief or his designated representative.
"Firecracker" means a small, paper-wrapped or cardboard tube containing no more than fifty milligrams 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 of explosive composition per report.
"Fireworks" means 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."
"Flitter sparkler" means a narrow paper tube attached to a stick or wire and filled with no more than five grams 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.
"Ground audible devices" means chasers and firecrackers.
"Ground spinner" means a small, rapidly spinning device containing no more than twenty grams 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 wheel, but is intended to be placed flat on the ground and ignited.
"Helicopter" means a tube containing no more than twenty grams 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.
"Illuminating torch" means a cylindrical tube containing no more than one hundred grams of pyrotechnic composition that produces a colored flame upon ignition and may be spiked, based, or hand-held, and when more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed two hundred grams.
"Manufacturer" means any person, firm, or corporation engaged in the manufacture of fireworks.
"Mine" means a heavy cardboard or paper tube usually attached to a wooden or plastic base and containing no more than forty grams of chemical composition plus not more than twenty grams 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 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.
"Missile-type rocket" means 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 of chemical composition.
"Permissible fireworks" means fireworks legal for sale to and use in New Mexico by the general public.
"Portable buildings" means 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.
"Prohibited fireworks" means fireworks which are not legal for sale or possession within the municipality.
"Pyrotechnic composition" means a chemical mixture that on burning and without explosion produces visible or brilliant displays or bright lights or whistles or motion.
"Retailer" means any person, firm, or corporation purchasing permissible fireworks for resale to consumers.
"Roman candle" means a heavy paper or cardboard tube containing no more than twenty grams of chemical composition that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect.
"Shell" means a heavy cardboard or paper tube usually attached to a wooden or plastic base and containing no more than forty grams of chemical composition plus not more than twenty grams 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 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.
"Specialty retailer" means any person, firm, or corporation purchasing permissible fireworks for year-round resale in permanent retail stores whose primary business is tourism.
"Statute," for the purposes of this chapter, refers to the state of New Mexico Fireworks Licensing and Safety Act beginning with Section 60-2C-1, NMSA 1978.
"Stick-type rocket" means a cylindrical tube containing no more than twenty grams 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.
"Toy smoke device" means a small plastic or paper item containing no more than one hundred grams of pyrotechnic composition that produces white or colored smoke as the primary effect.
"Vendor" means any person or business engaged in the retail sale of fireworks to the general public.
"Wheel" means 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 of pyrotechnic composition and the total wheel contains no more than two hundred grams of total pyrotechnic composition.
"Wholesaler" means any person, firm, or corporation purchasing fireworks for resale to retailers.
(Ord. 341 § 3, 2007)