June 18 – Fireworks stores are stocking tents with fireworks this week in preparation for bringing goods to market for Independence Day displays.
But Santa Fe consumers are faced with a vague set of fireworks regulations ahead of the holidays.
City officials recently sent a reminder to residents about a 2023 ordinance that essentially calls for a ban on certain fireworks within city limits during times of severe or extreme drought. Just a few days ago that would have applied. All of Santa Fe County was considered in severe drought conditions for weeks by the U.S. Drought Monitor, a multi-agency federal effort.
That changed on June 13.
A Drought Monitor update that day said most of the province was under “moderate” drought.
It is unclear whether the weather conditions – which are expected to bring some rain – will protect the province from harsher conditions or even ease the area’s drought by the Fourth of July.
Adding to the confusion, the city ordinance does not appear to comply with the state law on local government fireworks restrictions, which states that a proclamation from a municipal governing body declaring an extreme or severe drought must be issued no less than twenty days prior to a holiday issued. for which fireworks may be sold.”
The statute says such a proclamation can only be in effect for 30 days, with the possibility of a governing body voting to approve a 30-day extension of the ban.
The city’s fire chief and other city officials, including City Manager John Blair and Mayor Alan Webber, have not responded in recent days to questions about whether fireworks would be banned in the city on the Fourth of July.
Santa Fe County, meanwhile, imposed a ban on certain fireworks — all rockets, air spinners and ground sound devices — on June 11 ahead of a June 14 deadline set in state law. The ban will remain in effect through the holidays, county spokeswoman Olivia Romo said, “because after review, the seasonal drought map has determined that there will be continued trends and projections for fire potential for the months of May through August.”
Despite forecast storms later this week, two out-of-control wildfires in the village of Ruidoso have increased concerns about the fire’s spread. At least one of the fires in southern New Mexico, discovered Monday morning, had destroyed hundreds of homes.
A spokeswoman for the Santa Fe County Sheriff’s Office said agency deputies would enforce the county’s fireworks ban.
Santa Fe Police Department Deputy Chief Ben Valdez said both firefighters and police officers could file charges against anyone violating a fireworks ban. Officers responding to calls about fireworks either need to see the violation happening, or “if it’s happening outside of our presence, we need something to back it up and establish probable cause,” he said.
Officers can only confiscate fireworks to collect evidence, he said.
The penalty for a fireworks offense is up to 90 days in jail or a $500 fine, or both.
City police and fire officials have responded to two fireworks incidents so far in June, Valdez said. He was unsure of the outcomes of the incidents.
First responders are busy every New Year’s Eve and the Fourth of July responding to calls around the city about fireworks causing a nuisance, injuries and fires, Valdez said.
“I say leave it to the professionals,” he said. “It’s just too dangerous, you have the nuisance, and there is also the risk of fire and injury.”
An annual city-sponsored fireworks show, staged at the Santa Fe Place Mall by the Kiwanis Club of Santa Fe, is scheduled for the evening of the Fourth of July. The City Council voted to approve the event in April.
Marcus Muldez, who sells fireworks from a tent in Pojoaque with TNT Fireworks, said he often reminds people that “safe and sane” fireworks — including sparklers, fountains and other devices that stay low to the ground — are available in most places remains legal to light.
“Safe and Sane” fireworks have a “warning” label instead of a “warning” label that appears on the more dangerous “Class C” devices, he noted.
Muldez said he and his staff consult with customers about fireworks laws where they live, “but what they do when they leave here is up to them.”
“We want to make sure that what we sell is within the bounds of the law,” he added, “to maintain that trust, not only with the public, but also with city officials.”
