Las Cruces council puts a partial ban on fireworks

The City of Las Cruces unanimously approved a ban on some fireworks ahead of the Fourth of July during a meeting on June 3.

The ban is meant to reduce the chance of fire sparking in and around Las Cruces as drought conditions suggest a hot, dry summer ahead. Anyone caught using or selling fireworks within city limits is subject to a petty misdemeanor charge, which includes a fine of up to $500, 90 days in jail or both.

“There is a large concern that fireworks used during the July 4th holiday may increase the fire risk to businesses, homes, and residents,” the resolution approving the ban stated. “The Las Cruces Fire Department Staff seek the City Council's consideration and approval of this resolution as authorized by the Municipal Code to assist in mitigating avoidable fire damage within the Las Cruces city limits.”

The ban begins on June 7 and lasts until July 6. Allowed fireworks include cone fountains, crackling devices, cylindrical fountains, flitter sparklers, ground spinners, illuminating torches and wheels. Those fireworks can be used in paved, barren areas or have ready access to water.

The vote banned missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices such as chasers and firecrackers.

During a presentation about the ban, LCFD Battalion Chief and Fire Marshal Michael Landavazo focused on drought as the primary motivator for the decision. He pointed to data from the U.S. Drought Monitor, which shows that most of Doña Ana County is in extreme or severe drought.

Landavazo also reported data from the National Oceanic and Atmospheric Administration that predicted Doña Ana County would receive below-average rainfall this summer.  

“This (ban) will be the most restrictive that the state will allow under drought conditions,” Landavazo said.

When asked by a member of the public how the city would enforce this, Chief Jason Smith said LCFD will have seven employees patrolling the city on the days leading up to July 4 and on the holiday.

“It’s a large undertaking for our members,” Smith said.

Smith also said Doña Ana County has already implemented a similar ban for unincorporated parts of the county. Still, Smith acknowledged that if other municipalities, like Mesilla, do not enforce similar bans, the city can do little to prevent illegal fireworks from being used in Las Cruces.

“The big thing we need to focus on is what happens at the state level,” Smith said. “It’s really a state law that needs to change to protect our community from wildfire. It’s not the local jurisdiction that has anything with enough teeth to really stop or reduce our community risk.”

Councilors Johana Bencomo, Yvonne Flores and Bill Mattiace were absent from the vote.