A. The Gallup City Council held a hearing on June 12th, 2018 and determined that fireworks restrictions should be imposed within the boundaries of the municipality affected by extreme or severe drought conditions. The findings of the governing body were based on current drought indices published by the national weather service and any other relevant information supplied by the United States forest service.
B. The City Council issued a proclamation declaring extreme or severe drought conditions within the boundaries of the City of Gallup and it becomes affective on June 12, 2018. The proclamation:
(1) bans the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices within the City of Gallup; and
(a) limits the use within the City of any fireworks not listed above 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 or restrict the sale or use of display fireworks.
C. The proclamation becomes effective for thirty days from May 13, 2018 and during the June 12, 2018 regular City Council Meeting the Council may issue succeeding proclamations if extreme or severe drought conditions warrant. A proclamation may be modified or rescinded within its thirty-day period by the governing body upon conducting an emergency hearing to determine if weather conditions have improved.
1. Permissible fireworks may be sold at retail between June 20 and July 6 of each year, six days preceding and including New Year's day, three days preceding and including Chinese New Year, the sixteenth of September and Cinco de Mayo of each year, except that permissible fireworks may be sold all year in permanent retail stores whose primary business is tourism.
The City of Gallup has banned:
A. missile-type rockets - 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;
B. helicopters / aerial spinners - 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.
C. Stick-type rockets - 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;
D. ground audible devices
1. chasers - means a paper or cardboard tube venting out the fuse end of the tube that contains no more than twenty grams of chemical composition 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
2. firecrackers - 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 All other permissible Fireworks can still be sold such as fountains, aerial shells, roman candles, and so on. These fireworks per the definition would not fall under “Display Fireworks,” Which cannot be banned or restricted.
"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.