GRANT COUNTY PROCLAMATION P-2022-03

 THE RENEWAL OF A PROCLAMATION DECLARING EXTREME AND SEVERE DROUGHT CONDITIONS REQUIRING BANS AND RESTRICTIONS ON THE SALE AND USE OF FIREWORKS WITHIN THE UNINCORPORATED AREAS OF GRANT COUNTY

WHEREAS, NMSA 1978 §60-2C-8.1(E) (the “Fireworks Licensing & Safety Act”) authorizes counties to adopt bans and restrictions on the sale and use of fireworks within their jurisdictions due to extreme and severe drought conditions that create increased risks of fire danger; and

WHEREAS, the County set a hearing on May 10, 2022 pursuant to the Fireworks Licensing & Safety Act to determine whether fireworks restrictions should be imposed; and

WHEREAS, at the hearing, the County Commission considered the input of the public, staff, and the following evidence;

A. On April 22, 2022, the New Mexico State Forester issued fire restrictions and fireworks bans on state lands, recommending further that similar restrictions be implemented by local government authorities;

B. On April 25, 2022 Governor Michelle Lujan Grisham issued Executive Order 2022-022 declaring severe drought and fire conditions throughout the State of New Mexico and urging county governments to consider implementing bans and restrictions under the Fireworks Licensing and Safety;

C. On May 2, 2022, the United States Department of Interior Bureau of Land Management implemented fire restrictions on all public lands in Grant County;

D. The National Weather Service and United States Forest Service reports indicate that the State of New Mexico, including Grant County, are experiencing severe drought conditions that have caused fires throughout the State and pose a threat for additional fires to develop;

E. Due to the hazardous conditions, local emergency and fire response officials recommend implementing restrictions and bans on the sale and use of fireworks.

WHEREAS, the Fireworks Licensing and Safety Act requires that proclamations declaring extreme and severe drought conditions and banning or restricting the sale and use of fireworks within a county be renewed every thirty days

WHEREAS, the County set a hearing for May 24, 2022 to consider whether to renew the proclamation. At the hearing the County considered the evidence that the above referenced federal and state restrictions and recommendations have remained unchanged, with the exception of the United States Forest Service on May 19, 2022, increasing its fire restrictions to Stage 2 in Forest Order 03-06-00-22-004.

WHEREAS, the County set a hearing for June 23, 2022 to consider whether to renew the proclamation. At the hearing the County considered the evidence that the above referenced federal and state restrictions and recommendations have remained unchanged.

WHEREAS, Section 3 (A)(3) of Grant County Ordinance 01-05-10A provides that the sale of aerials is restricted to “specialty retailers” whose primary business is tourism. Additionally sales will be limited to those who have their business along a federal interstate highway. The sale of aerials is permitted by “specialty retailers” only to non-residents of Grant County after identification is checked proving their residence is outside Grant County.

NOW, THEREFORE, the Board of County Commissioners of Grant County, New Mexico hereby renews its proclamation that extreme drought conditions exist within the unincorporated areas of Grant County which create an extreme risk of fire hazards and pose an immediate and significant threat to the peace, safety, health, and welfare of the citizens of Grant County and their property, and THEREFORE, issues the following bans and restrictions:

  1. The sale and use of missile type rockets, helicopters, aerial spinners, stick type rockets, and ground audible devices within Grant County are prohibited, except that sales by “specialty retailers” along a federal interstate highway to non-residents of Grant County are permissible as expressly provided by Section 3(A)(3) of Grant County Ordinance Number 01-05-10(A).
  2. Fireworks not listed in Paragraph 1 and expressly permitted in the Fireworks Licensing & Safety Act may only be used in areas that are paved, are barren, or have readily accessible sources of water for use by the public.
  3. The use of all fireworks in wildlands and on County owned public property are strictly prohibited.
  4. The sale and use of display fireworks are strictly prohibited, unless it is a public exhibit approved by and under the supervision of local fire authorities.
  5. This proclamation will expire within 30-days unless renewed by the Governing Body at a duly noticed Commission meeting.
  6. Pursuant to the Fireworks Licensing and Safety Act, violations of this proclamation will be subject to criminal and civil penalties.

APPROVED AND ADOPTED JUNE 23, 2022.

THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, NEW MEXICO