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Firework Ordinance & Safety

Illegal Fireworks Enforcement.

Report Illegal Fireworks

Using fireworks, both legal and illegal, can be extremely dangerous to yourself and others by not following safe practices. Be mindful of your surroundings and obey all laws pertaining to the use of fireworks where you live. Please be considerate of your neighbors - those with PTSD, elderly, young children - and pets as loud noises can be traumatizing and disruptive.

Prohibited Fireworks

City of Albuquerque Ordinance prohibits the sale and use of all Aerial Fireworks and Ground Audible Devices within the city limits.

Fireworks are strictly prohibited in and around the Bosque or Open Space Areas. 

Using illegal fireworks places the community at risk for fires.

  • Using illegal fireworks is punishable with a citation and immediate confiscation of the illegal fireworks. Addresses that have been identified as using illegal fireworks will be issued a CEASE AND DESIST ORDER by mail. 
  • It is a misdemeanor
  • A mandatory court appearance
  • A fine up to $500 and 90 days in jail
  • The improper use of permissible fireworks and/or the illegal use of aerial or ground audible devices can result in the user or supervising adult being found grossly negligent and financially responsible for damages.

USE OF ILLEGAL FIREWORKS

**CEASE AND DESIST ORDER**

THIS DOCUMENT SHALL SERVE AS AN OFFICIAL NOTICE THAT THE OWNER AND/OR OCCUPANT (RESPONSIBLE PARTY OF LISTED PROPERTY/EVERT) HAS BEEN FOUND TO BE IN VIOLATION OF CITY ORDINANCE 0-19-63, SECTION 5609, USE OF ILLEGAL FIREWORKS AS WITNESSED BY A MEMBER OF ALBUQUERQUE FIRE RESCUE AND/OR ALBUQUERQUE POLICE DEPARTMENT. IF A SECOND OCCURRENCE IS RECORDED, ILLEGAL ACTION MAY BE TAKEN.

6599.6 FINES

ANY PROVISION OF THE FIREWORKS LICENSING AND SAFETY ACT OR THIS CODE IS GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE PUNISHED BY A FINE OF NOT MORE THANT FIVE HUNDRED DOLLARS ($500.00) AND/OR IMPRISONMENT FOR NOT MORE THAN NINETY DAYS.

Aerial Devices

  • Aerial Spinners
  • Helicopters
  • Mines
  • Missile-type Rockets
  • Roman Candles
  • Shells
  • Stick Type Rockets

Ground Audible Devices

  • Chasers (bottle rockets)
  • Firecrackers

Once ignited, aerial and ground audible devices take an unpredictable flight path and pose a significant fire hazard to structures and vegetation. They also possess a significant injury potential to the user and innocent bystanders. These devices are also disturbing to public peace.

Permissible Fireworks

If you buy fireworks from retail stores and stands within city limits, the fireworks are legal. Read the Warning Label. If it reads "WARNING," it is illegal. If it reads "CAUTION," it is legal.

The following fireworks are safe and legal:

  • Ground and hand held sparkling devices
  • Cone Fountains
  • Crackling Devices
  • Cylindrical Fountains
  • Flitter Sparklers
  • Ground Spinners
  • Illuminating Torches
  • Wheels

The Safe Use of Fireworks

  • Fireworks should not be used on "Red Flag Warning" days, as these days indicate extreme risk for fires. To keep current, visit weather.gov.
  • What and where to buy - Always buy fireworks from a local vendor to ensure what you purchase is safe and legal for use within the city limits.
  • Fireworks should only be used on paved or barren areas - Away from homes, vegetation and combustible materials. 
  • Fireworks of any kind are not allowed to be discharged in the Bosque, open space areas or city parks.
  • Have a water source available to put out any unintended fires such as a charged garden hose or two 5 gallon buckets.
  • Supervision - Always have an adult present and never allow children to use fireworks to avoid injuries and improper use.
  • Follow directions - Always read and follow directions carefully.
  • Disposal - Dispose of used fireworks in a bucket of water. Make sure they are completely cool to the touch before throwing them in the garbage can.
  • Emergencies - If there is a fire, leave the area immediately and call 911.

Do not attempt to make your own fireworks as they can lead to dangerous and unpredictable explosions and result in severe injuries.

Fireworks: Risks & Statistics

  • Deaths and Injuries Nationwide – In 2023, there eight deaths and an estimated 9,700 injuries involving fireworks.
  • Fires in Albuquerque - ON July 3 & 4 2024, AFR responded to 140 outside fires and 4 structure fires.
  • For children under 5 years of age, sparklers accounted for more than half of the total estimated injuries.
  • Fireworks can be associated with blindness, third degree burns, and permanent scarring.
  • Fireworks can also cause life-threatening residential, motor vehicle, and wildland fires which can result in the user or supervising adult being found grossly negligent and financially responsible for damages.

Fireworks Patrol

Two weeks ahead of the 4th of July holiday, Albuquerque Fire Rescue will begin patrolling throughout the city and open space areas. These patrols help ensure the safety of our community by preventing the sales and use of illegal fireworks within city limits.