Fireworks in Valencia County are a go despite dangers

Fireworks season is upon us and while many community members have taken to social media calling for a ban on the use of all fireworks, the window to limit the use of the celebratory incendiaries has passed.

Permissible fireworks, as defined by state statute, may be sold at retail locations between June 20 and July 6 of each year.

The law allows municipalities and counties to ban certain types of fireworks, but they first have to issue a proclamation declaring extreme or severe drought conditions within their jurisdictions no less than 20 days before the holiday.

The findings of the proclamation “shall be based on current drought indices published by the National Weather Service and any other relevant information supplied by the U.S. Forest Service,” according to the statute.

If the governing body determines those conditions exist, the proclamation shall ban the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices. The proclamation can also give the governing body the power to limit the use of any other fireworks to areas that are paved or barren or have a readily source of water, ban the use of all fireworks within wildlands in its jurisdiction after consultation with the state forester, and ban or restrict the sale or use of display fireworks.

A proclamation declaring an extreme or severe drought condition is only in effect for 30 days. The proclamation can be issued again if conditions persist.

In 2022, the Valencia County Commission enacted a 30-day proclamation restricting the sale and use of the fireworks it is permitted to under state law on June 13, within the window of 20 days before the July 4 holiday.

This year, none of the local governing bodies considered such a proclamation, but Rio Communities Mayor Josh Ramsell did issue a mayoral proclamation pertaining to drought conditions and fireworks at the June 9 council meeting.

However, the proclamation was not on the agenda as an action item for the council to consider and was not voted on by the governing body at the meeting. City attorney Randy Van Vleck advised the council it could vote on the proclamation, despite such action possibly violating the New Mexico Open Meetings Act.

Under New Mexico law, permissible fireworks are:

• Ground and hand-held sparkling devices — cone fountains, crackling devices, cylindrical fountains, flitter sparklers, ground spinners, illuminating torches and wheels;

• Aerial devices — aerial shell kit-reloadable tubes, aerial spinners, helicopters, mines, missile-type rockets, multiple tube devices, roman candles, and stick-type rockets, except for those defined as not permissible;

• Ground audible devices — chasers and firecrackers.

Under state law, stick-type rockets having a tube less than five-eighths inch outside diameter and less than 3.5 inches in length and fireworks intended for sale to the public that produce an audible effect, other than a whistle, by a charge of more than 130 milligrams of explosive composition per report are not permissible.

State law also prohibits municipalities and counties from using local ordinances to regulate and prohibit the sale or use of any permissible fireworks, except aerial devices and ground audible devices.