A. Ban Authorized: Pursuant to the Village's powers and duties to adopt regulations for the prevention of fire and regulate the use of illuminating flames and bonfires found in New Mexico Statutes Annotated section 3-18-11, the Village Fire Chief or Fire Chief's designee shall monitor the fire danger in the Village and the surrounding forest. When the Fire Chief specifically finds that the fire danger is such that the use of open flames or fires would create an imminent danger to citizens, visitors or property, the Fire Chief shall issue a notice which imposes a ban on open fires and the sale or use of fireworks.
B. Notice And Effect Of Ban: Notice of the ban shall be prominently posted in public places in the Village including the Fire Department and the Village Hall. The ban shall be effective upon posting.
C. Activities Restricted:
1. During such ban, it will be unlawful within the Village limits to intentionally cause, create, tend or allow an open fire of any type, except a barbecue fire in an approved gas grill manufactured specifically for that purpose. (Ord. 1999-04, 7-15-1999)
2. Except for welding or soldering torches and other similar hand held tools or equipment used inside an appropriate business or building, it shall also be unlawful, during the ban, to cause or create any type of open flame or spark that emanates more than two inches (2") from the source. (Ord. 2017-05, 6-13-2017)
3. During such ban, it shall also be unlawful to sell or discharge any type of fireworks whatsoever in the Village. (Ord. 1999-04, 7-15-1999)
D. Review Of Fire Dangers; Ban Lifted:
1. Once a ban is in place, the Fire Chief or Fire Chief's designee shall review the fire danger within thirty (30) days of the date of the ban to determine whether the fire danger has subsided and the ban should be lifted.
2. The Fire Chief or Fire Chief's designee can lift the ban at any time he or she shall determine that the danger has subsided. (Ord. 2017-05, 6-13-2017)
3. The Fire Chief or Fire Chief's designee shall prominently post notice of any extension of the ban in public places in the Village including the Fire Department and Village Hall. The extension shall be effective upon posting. (Ord. 1999-04, 7-15-1999; amd. Ord. 2017-05, 6-13-2017)
E. Appeals: Any aggrieved person may appeal the Fire Chief's finding to the Village Council. Such appeal shall be in writing, shall be filed with the Village Clerk no later than two (2) business days after posting, and will be decided at or before the next regularly scheduled Council meeting. Any ban that is appealed shall remain in effect during the pendency of an appeal. (Ord. 1999-04, 7-15-1999)
Notes
| 1 | 1. See also section 4-2-6 of this chapter.1: |