City of Albuquerque - File #: O-12-22

• File #: O-12-22
• Type: Ordinance
• Status: Enacted and Published
• File created: 5/21/2012
• In control: City Council
• Final action: 6/4/2012
• Enactment date: 6/13/2012
• Enactment #: O-2012-022
• Title: Prohibiting The Sale And Use Of Certain Fireworks Pursuant To Section 60-2C-7 NMSA 1978; Prohibiting The Use Of Any Fireworks In Open Space Areas, Including The Bosque; Establishing Penalties For The Sale Or Use Of Such Fireworks Within The City Of Albuquerque (Jones)
• Sponsors: Trudy E. Jones

Date	Action By	Action	Result
6/13/2012	City Clerk	Published
6/12/2012	Mayor	Signed by the Mayor
6/6/2012	City Council	Sent to Mayor for Signature
6/4/2012	City Council	Do Pass	Pass
5/21/2012	City Council	Introduced
5/21/2012	President	To be heard at the Council Meeting

CITY of ALBUQUERQUE
TWENTIETH COUNCIL


COUNCIL BILL NO. O-12-22 ENACTMENT NO. ________________________

SPONSORED BY: Trudy Jones


ORDINANCE
t
Prohibiting The Sale And Use Of Certain Fireworks Pursuant To Section 60-2C-7 NMSA 1978; Prohibiting The Use Of Any Fireworks In Open Space Areas, Including The Bosque; Establishing Penalties For The Sale Or Use Of Such Fireworks Within The City Of Albuquerque (Jones)
b
PROHIBITING THE SALE AND USE OF CERTAIN FIREWORKS PURSUANT TO SECTION 60-2C-7 NMSA 1978; PROHIBITING THE USE OF ANY FIREWORKS IN OPEN SPACE AREAS, INCLUDING THE BOSQUE; ESTABLISHING PENALTIES FOR THE SALE OR USE OF SUCH FIREWORKS WITHIN THE CITY OF ALBUQUERQUE.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. FINDINGS. The Council finds:
A. Pursuant to Section 60-2C-7 NMSA 1978, Permissible Fireworks, a municipality may regulate or prohibit the sale and use of fireworks known as aerial devices and ground audible devices.
B. Fireworks that are considered “safe and sane” are those that do not fly or explode. Aerial devices and ground audible devices are not “safe and sane” firework devices. Once ignited, aerial devices (aerial shell kit-reloadable tubes, aerial spinners, helicopters, mines, missile-type rockets, multiple tube devices, roman candles, shells, and stick-type rockets) take an unpredictable flight pattern, and pose a significant fire hazard to vegetation and structures. They also possess a considerable injury potential to the user and general public. Ground audible devices (chasers and fire crackers) are disturbing to the public peace and possess a considerable injury potential to the user and general public.
C. Should the City experience a fire that burns out of control in the Bosque or other open space areas, the flora and fauna in those protected areas are at great risk of sustaining devastating loss and/or destruction.
D. Should the City ...