City's fireworks rules remain hazy ahead of July 4 as retailers prepare for sales

Jun. 18—Fireworks retailers are stocking tents with pyrotechnics this week in preparation to market goods for Independence Day displays.

But consumers in Santa Fe face a hazy set of fireworks regulations ahead of the holiday.

City officials recently sent a reminder to residents about a 2023 ordinance that essentially calls for a prohibition of certain fireworks within city limits in times of severe or extreme drought. Just days ago, that would have applied. All of Santa Fe County for weeks was deemed in severe drought condition by the U.S. Drought Monitor, a multiagency federal effort.

That changed June 13.

A Drought Monitor update that day listed most of the county in "moderate" drought.

It's unclear if weather conditions — expected to bring some rain — will keep the county out of more severe conditions or even ease the area's drought level by July 4.

Creating additional confusion, the city ordinance doesn't appear to be aligned with state law on local government fireworks restrictions, which states a "municipal governing body's proclamation declaring an extreme or severe drought condition shall be issued no less than twenty days prior to a holiday for which fireworks may be sold."

The statute says such a proclamation can be in effect for only 30 days, with the possibility of a governing body voting to approve a 30-day extension to the ban.

The city fire marshal and other city officials, including City Manager John Blair and Mayor Alan Webber, have not responded to inquiries in recent days about whether fireworks would be prohibited in the city on the Fourth of July.

Santa Fe County, meanwhile, put a ban on some fireworks — any rockets, aerial spinners and ground audible devices — on June 11, ahead of a June 14 deadline set in state law. The ban will remain in place through the holiday, county spokeswoman Olivia Romo said, "because after evaluation, the seasonal drought map has shown that there is going to be continued tendencies and projections for fire potential for the months of May through August."

Despite storms in the forecast later this week, two wildfires raging out of control in the village of Ruidoso have heightened concerns about fire spread. At least one of the Southern New Mexico blazes, discovered Monday morning, had consumed hundreds of homes.

A spokeswoman for the Santa Fe County Sheriff's Office said the agency's deputies would be enforcing the county's fireworks ban.

Santa Fe police Deputy Chief Ben Valdez said both firefighters and police officers can issue citations against anyone who violates a fireworks ban. Officers responding to calls about fireworks must either see the violation occur or, "if it occurs outside our presence, we need something to support it and establish probable cause," he said.

Officers can only confiscate fireworks to collect evidence, he said.

The penalty for a misdemeanor fireworks violation is up to 90 days in jail or a $500 fine or both.

City police and fire officials have responded to two incidents involving fireworks so far in June, Valdez said. He was unsure of the incidents' outcomes.

First responders are busy each New Year's Eve and Fourth of July, responding to calls around the city about fireworks causing nuisances, injuries and fires, Valdez said.

"I say, just leave it to the professionals," he said. "It's just too dangerous — you have the nuisance, and there's the fire risk and injury risk, too."

An annual city-sponsored fireworks show, staged at the Santa Fe Place mall by the Kiwanis Club of Santa Fe, is scheduled the evening of July 4. The City Council voted to approve the event in April.

Marcus Muldez, who sells fireworks with TNT Fireworks from a tent in Pojoaque, said he often reminds people "safe and sane" fireworks — including sparklers, fountains and other devices that stay low to the ground — remain legal to light in most places.

"Safe and sane" fireworks sport a "caution" label rather than a "warning" label that appears on the more dangerous "Class C" devices, he noted.

Muldez said he and his employees consult with customers about the laws on fireworks where they live, "but what they do once they leave here is on them."

"We want to make sure what we're selling is within the confines of the law," he added, "to maintain that trust, not only with the public, but with city officials as well."