HOUSE BILL 373
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Emily Kane
AN ACT
RELATING TO PUBLIC SAFETY; CHANGING THE STANDARDS FOR LOCAL GOVERNMENT FIREWORKS RESTRICTIONS; AUTHORIZING THE FORESTRY DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO RESTRICT THE SALE OF FIREWORKS WHEN HIGH, VERY HIGH OR EXTREME FIRE DANGER EXISTS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-2C-8.1 NMSA 1978 (being Laws 1997, Chapter 17, Section 9, as amended) is repealed and a new Section 60-2C-8.1 NMSA 1978 is enacted to read:
"60-2C-8.1. [NEW MATERIAL] HIGH, VERY HIGH OR EXTREME FIRE DANGER--RESTRICTED SALE AND USE.--
A. The governing body of a municipality may hold a hearing to determine whether fireworks restrictions should be imposed within the boundaries of the incorporated municipality when that area has been assigned a high, very high or extreme fire danger rating by the national fire danger rating system.
B. If in the hearing the governing body of a municipality determines that a high, very high or extreme fire danger exists, the governing body shall issue a proclamation that the condition exists and:
(1) shall ban the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices within the affected area;
(2) may restrict the use within its jurisdiction of any other type of firework to areas that are paved or barren or that have a readily accessible source of water for use by a homeowner or the general public;
(3) after consultation with the state forester, may ban the use of all fireworks within wildlands in its jurisdiction; and
(4) may ban or restrict the sale or use of display fireworks.
C. If extreme fire danger exists, the governing body of a municipality may ban the sale or use within its jurisdiction of any type of fireworks.
D. A governing body of a municipality shall issue a proclamation no fewer than twenty days before a holiday for which fireworks may be sold. The proclamation shall include provisions on the restricted sale or use of fireworks and the permitted sale or use of fireworks.
E. A proclamation is effective for thirty days. If high, very high or extreme fire danger remains, the governing body of a municipality may issue a succeeding proclamation. After an emergency hearing to determine whether the fire danger warrants the modification or rescission of a proclamation, the governing body of a municipality may modify or rescind a proclamation before its thirty-day expiration.
F. The governing body of a county may hold a hearing to determine whether fireworks restrictions should be imposed within the unincorporated portions of the county when those areas have been assigned a high, very high or extreme fire danger rating by the national fire danger rating system.
G. If in the hearing the governing body of a county determines that a high, very high or extreme fire danger exists within the unincorporated portions of the county, the governing body shall issue a proclamation that the condition exists and:
(1) shall ban the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices within the affected area;
(2) may limit the use within its jurisdiction of any other type of firework to areas that are paved or barren or that have a readily accessible source of water for use by a homeowner or the general public;
(3) after consultation with the state forester, may ban the use of all fireworks within wildlands in its jurisdiction; and
(4) may ban or restrict the sale or use of display fireworks.
H. If extreme fire danger exists, the governing body of a county may ban the sale or use within its jurisdiction of any type of fireworks.
I. The governing body of a county shall issue a proclamation no fewer than twenty days before a holiday for which fireworks may be sold. The proclamation shall include provisions on the restricted sale or use of fireworks and the permitted sale or use of fireworks.
J. Except as otherwise provided in this subsection, a proclamation is effective for thirty days. If high, very high or extreme fire danger remains, the governing body of a county may issue a succeeding proclamation. After an emergency hearing to determine whether the fire danger warrants the modification or rescission of a proclamation, the municipal governing body may modify or rescind a proclamation before its thirty-day expiration.
K. The forestry division of the energy, minerals and natural resources department may adopt and enforce emergency rules imposing restrictions on the sale of fireworks. The forestry division may declare that a high, very high or extreme fire danger exists within specific geographic areas of the state and may:
(1) ban the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices within an affected area;
(2) limit the use within its jurisdiction of any other type of firework to areas that are paved or barren or that have a readily accessible source of water for use by a homeowner or the general public;
(3) ban the use of all fireworks within wildlands;
(4) ban or restrict the sale or use of display fireworks; and
(5) if extreme fire danger exists, ban the sale or use of any type of fireworks.
L. The forestry division's emergency rules that cover a municipality or a county may be more restrictive but not less restrictive than the restrictions imposed by a municipality or county. In adopting rules, the forestry division shall:
(1) rely upon high, very high or extreme fire danger ratings of the national fire danger rating system;
(2) derive national fire danger rating system information from the southwest coordination center;
(3) limit the time period and geographical area of fireworks restrictions;
(4) provide that a rule be in effect for no more than thirty days and be automatically repealed at the end of that time;
(5) obtain the governor's written approval of a final rule before its adoption;
(6) after three consecutive days in which a high, very high or extreme fire danger no longer exists in a specific geographical area and within twenty-four hours, determine whether to modify or rescind a rule; and
(7) cooperate with the governor when the governor has consulted with an Indian nation, tribe or pueblo on an area within the Indian nation, tribe or pueblo that has been assigned a high, very high or extreme fire danger rating by the national fire danger rating system.
M. After three consecutive days in which a high, very high or extreme fire danger no longer exists in a specific geographical area, the governor may issue an executive order directing the forestry division to modify or rescind an emergency rule.
N. The forestry division may issue and enforce a new emergency rule after a rule's expiration if high, very high or extreme fire danger continues in that geographical area or if high, very high or extreme fire danger returns to that geographical area."
SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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