Safe and Sane Fireworks Update/Action Requested

April 22, 2008

By Bill Corbett.

Status of Ordinance: Commissioner Bill McCamley seeks to allow year-round fireworks vendors to sell ground audible and aerial fireworks throughout the year to non-county residents. On Tuesday, May 13, a Commission vote will be taken to decide whether or not the current countywide safe and sane fireworks ordinance will be amended to give the right to sell ground audible and aerial fireworks to two year-round fireworks vendors (Bowlin’s Trading Post on I-10 west of Las Cruces, and Planet Fireworks on I-10 in Anthony, NM).

Rationale behind this Amendment:
Commissioner McCamley, via email on 4/9, provided his rationale for the amendment. He indicates that allowing the two year-round vendors to sell non-safe and sane fireworks year round will generate needed gross receipts tax money, allow Anthony to incorporate, and permit only non-county residents to buy these fireworks at these locations, so the fireworks will not be used in our county. He also states that the amendment has a one year sunset provision. Finally, he states that Mesilla and some nearby counties can sell ground audible and aerial fireworks during part of the year.
Why the Amendment Will Negate the Current Safe and Sane Ordinance
At the April 8 County Commission meeting, numerous people spoke out in opposition to the amendment. Lt. Arlis Rhodes and Capt. Brent Barlow of DASO and County Fire Marshal Paul Chavez opposed amending the current ordinance. They indicated that public safety would be compromised and additional year-round sources for the fireworks simply provide more outlets for people to purchase fireworks, thereby increasing enforcement problems. Many believe that increased fire and police costs; trash removal costs; injuries to people, property, and animals; and fires caused by these fireworks would exceed this tax revenue. Better alternatives exist to increase business/jobs.The one-year sunset provision is meaningless; commissions can repeal or amend a fireworks ordinance at any time.The fireworks lobby is very well funded and can impose considerable pressure to get favorable laws. Three commissioners voted to publish the amendment: Commissioner Caviness (running for reelection this year), and Commissioners McCamley and Evans (running for national and state office, respectively, this year).

Other than fireworks vendors and Commissioners McCamley and Evans, few believe that ground audible and aerial fireworks, available year round from these two vendors, will not be used in our county. NMSU has thousands of students with out-of-county driver’s licenses; most people out-of-county friends who could buy the fireworks from these vendors for use in our county. This negates any good our safe and sane ordinance might otherwise accomplish.
Action Requested—Please email all 5 commissioners this week and follow up with a telephone call next week.
District 1 Commissioner: Oscar Vásquez Butler 644-0718 or 647-7201 obutler@donaanacounty.org
District 2 Comm: Dolores Saldaña-Caviness 635-5212or 589-4492 dcaviness@donaanacounty.org
District 3 Commissioner: Karen Perez 644-4055 kperez@donaanacounty.org
District 4 Commissioner: D. Kent Evans 644-5061 or 524-4232 dkevans@donaanacounty.org
District 5 Comm: William J. McCamley 635-5146 or 647-7201 bmccamley@donaanacounty.org

In the email subject line, use “Safe and Sane Fireworks—No Year Round Vendor Exception.” Provide your public safety reasons why there should be no amendment to the current safe and sane fireworks ordinance. Ask your friends to also send emails, telephone, and attend the May 13 meeting.

Also, please attend the commissioners’ meeting at 9 a.m. on Tuesday, May 13, 2008, at the County Bldg. at 845 North Motel Blvd. Without enough public input objecting at the meeting, the amendment will be enacted. Do contact me if you need anything further. Bill Corbett at: 505-646-4352 (direct) and email: wcorbett@nmsu.edu Thanks so much.

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