Chapter 60, Article 2C NMSA 1978 may be cited as the "Fireworks Licensing and Safety Act".
History: Laws 1989, ch. 346, § 1; 1997, ch. 17, § 1.
The 1997 amendment, effective March 18, 1997, substituted "Chapter 60, Article 2C NMSA 1978" for "Sections 1 through 11 of this act".
Municipal or county regulation. — This article expressly removed from municipalities their general authority to regulate fireworks and replaced it with limited authority to regulate the use of aerial and ground audible devices. To the extent that municipalities have regulatory authority over specified devices, those devices are subject to double regulation as long as municipal regulations do not conflict with the requirements of this article. 1990 Op. Att'y Gen. No. 90-11.
This article denies all municipalities, including those with home rule charters, from regulating fireworks other than as provided by the statute. 1990 Op. Att'y Gen. No. 90-11.
A municipal ordinance that purports to prohibit all fireworks is contrary to the limited authority granted to municipalities under this article and, therefore, is void and without effect. 1990 Op. Att'y Gen. No. 90-11.
Counties have the same authority as municipalities to enact ordinances permitted by this article. 1990 Op. Att'y Gen. No. 90-11.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Explosives §§ 2, 20, 48 to 56, 68, 70, 105, 111, 122, 125, 126; 56 Am. Jur. 2d Municipal Corporations § 204.
Validity, construction, and application of state or local laws regulating the sale, possession, use, or transport of fireworks, 48 A.L.R.5th 659.
15 C.J.S. Commerce §§ 85, 94; 16B C.J.S. Constitutional Law § 861; 62 C.J.S. Municipal Corporations §§ 676, 687, 695, 711, 712, 735, 754.
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