A. The Gallup City Council held a hearing on May 8, 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 May 13, 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may be modified or rescinded within its thirty-day period by the governing body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.
Sale Dates:
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.