HOUSE BILL 286
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Matthew McQueen
AN ACT
RELATING TO FIREWORKS SAFETY; AMENDING THE FIREWORKS LICENSING AND SAFETY ACT; AUTHORIZING DECLARATIONS OF EMERGENCY OR HEIGHTENED FIRE DANGER CONDITIONS; PROVIDING FOR RESTRICTIONS OF SALE OR USE OF FIREWORKS; PROVIDING FOR DECLARATIONS BY THE FIRE MARSHAL DIVISION OF THE PUBLIC REGULATION COMMISSION.
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 amended to read:
"60-2C-8.1. EXTREME OR SEVERE DROUGHT CONDITIONS--EMERGENCY OR HEIGHTENED FIRE DANGER CONDITIONS--RESTRICTED SALE AND USE.--
A. The governing body of a municipality may hold a hearing to determine if fireworks restrictions should be imposed within the boundaries of the incorporated municipality affected by extreme or severe drought conditions or emergency or heightened fire danger conditions. The findings of the governing body shall be based on current drought indices published by the national weather service, information supplied by the United States forest service and any other relevant information [supplied by the United States forest service].
B. Pursuant to any hearing under Subsection A of this section, the governing body of a municipality shall issue a proclamation declaring extreme or severe drought conditions or emergency or heightened fire danger conditions within the boundaries of the incorporated municipality if the governing body determines such conditions exist. The governing body's proclamation may:
(1) [shall] ban the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices within the affected drought area; [and
(2) shall give the governing body the power to:
(a)] (2) limit the use within its jurisdiction of any fireworks [not listed in Paragraph (1) of this subsection] to areas that are paved or barren or that have a readily accessible source of water for use by the homeowner or the general public;
[(b)] (3) ban the use of all fireworks within wildlands in its jurisdiction [after consultation with the state forester; and]; or
[(c)] (4) ban or restrict the sale or use of display fireworks.
C. [The] A municipal governing body's proclamation declaring an extreme or severe drought or heightened fire danger condition shall be issued no less than [twenty] ten days prior to a holiday for which fireworks may be sold, [The] and a proclamation of an emergency fire danger may be issued at any time. A proclamation shall explain restrictions on the sale or use of fireworks and permitted sales or uses of fireworks.
D. A municipal governing body's proclamation shall be effective for thirty days and the governing body may issue succeeding proclamations if [extreme or severe drought] conditions warrant. A proclamation may be modified or rescinded within its thirty-day period by the governing body upon conducting an emergency hearing to determine if [weather] fire danger conditions have improved.
E. The governing body of a county may hold a hearing to determine if fireworks restrictions should be imposed within the unincorporated portions of the county affected by extreme or severe drought conditions or emergency or heightened fire danger conditions. The findings of the governing body shall be based on current drought indices published by the national weather service, information supplied by the United States forest service and any other relevant information [supplied by the United States forest service].
F. Pursuant to any hearing under Subsection E of this section, the governing body of a county shall issue a proclamation declaring extreme or severe drought conditions or emergency or heightened fire danger conditions within the unincorporated portions of the county if the governing body determines such conditions exist. The governing body's proclamation may:
(1) [shall] ban the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices within the affected drought area; [and
(2) shall give the governing body the power to:
(a)] (2) limit the use within its jurisdiction of any fireworks [not listed in Paragraph (1) of this subsection] to areas that are paved or barren or that have a readily accessible source of water for use by the homeowner or the general public;
[(b)] (3) ban the use of all fireworks within wildlands in its jurisdiction [after consultation with the state forester; and]; or
[(c)] (4) ban or restrict the sale or use of display fireworks.
G. [The] A county governing body's proclamation declaring an extreme or severe drought or heightened fire danger condition shall be issued no less than [twenty] ten days prior to a holiday for which fireworks may be sold, [The] and a proclamation of an emergency fire danger may be issued at any time. A proclamation shall explain restrictions on the sale or use of fireworks and permitted sales or uses of fireworks.
H. [Except as otherwise provided in this subsection] A county governing body's proclamation shall be effective for thirty days, and the [county] governing body may issue succeeding proclamations if [extreme or severe drought] conditions warrant. A proclamation may be modified or rescinded within its thirty-day period by the governing body upon conducting an emergency hearing to determine if [weather] fire danger conditions have improved.
I. The fire marshal division of the public regulation commission may hold a hearing to determine if fireworks restrictions should be imposed within the boundaries of any area of the state affected by extreme or severe drought conditions or emergency or heightened fire danger conditions. The findings of the fire marshal division shall be based on current drought indices published by the national weather service, information supplied by the United States forest service and any other relevant information.
J. Pursuant to any hearing under Subsection I of this section, the fire marshal division shall issue a proclamation declaring extreme or severe drought conditions or emergency or heightened fire danger conditions if the fire marshal division determines such conditions exist. The fire marshal division's proclamation shall state the boundaries of the area affected and may:
(1) ban the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices within the affected area;
(2) limit the use of any fireworks within the affected area to areas that are paved or barren or that have a readily accessible source of water for use by the homeowner or the general public;
(3) ban the use of all fireworks within wildlands within the affected area; or
(4) ban or restrict the sale or use of display fireworks within the affected area.
K. A fire marshal division's proclamation declaring an extreme or severe drought or heightened fire danger conditions shall be issued no less than ten days prior to a holiday for which fireworks may be sold, and a proclamation of an emergency fire danger may be issued at any time. A proclamation shall explain restrictions on the sale or use of fireworks and permitted sales or uses of fireworks.
L. A fire marshal division's proclamation shall be effective for thirty days, and the fire marshal division may issue succeeding proclamations if conditions warrant. A proclamation may be modified or rescinded within its thirty-day period by the fire marshal division upon conducting an emergency hearing to determine if fire danger conditions have improved."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.
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