Otero County Issues Burn Ban

Otero County has determined that, in order to protect the health, safety, and welfare
of the citizens of Otero County due to existing drought conditions, current fire activity
and minimal moisture received within Otero County, the present fire danger has
increased, and hereby enacts a Burn Ban within Otero County effective 6:00 AM
May 11,2013.
 
This ban prohibits fireworks on all lands within the boundaries of the Lincoln National
Forest and all burning of open flames, fires, trash, rubbish, shrubbery or other
material of any kind within the affected unincorporated area of the County.
Fireplaces in particular, the unquenched ashes from same, may present a significant
hazard and use should be discouraged during this period of drought.
Failure to comply with restrictions in this proclamation may be chargeable under the
following State Statutes;
 
NMSA 1978 § 30-8-1. Public Nuisance (petty misdemeanor)
NMSA 1978 § 30-17-1. Improper handling of fire. (petty misdemeanor)
NMSA 1978 § 30-17-2. Use of an engine without spark arrester. (petty misdemeanor)
NMSA 1978 § 19-6-2. Duty to extinguish fires; penalty for failure. (misdemeanor)
NMSA 1978 § 19-6-1. Fires on state lands; lighting or leaving; penalty. (felony)
NMSA 1978 § 30-17-5. Arson and negligent arson. (misdemeanor to 3rd degree felony)
NMSA 1978 § 30-17-6. Aggravated arson. (2nd degree felony)
NMSA 1978 § 30-32-1. Fires extinguished by officers; responsibility for costs.
NMSA 1978 § 30-32-4. Civil action for damages.
 
This proclamation is to remain in effect until it is rescinded by declaration of the Otero
County Emergency Services Director upon his receipt of documented evidence from
the National Weather Service and the U.S.D.A. Forest Service that the fire danger
and drought levels in Otero County have abated. The declaration shall be made in
writing and published to the news entities and radio stations specified in the Otero
County Open Meetings Resolution adopted by the Board of County Commissioners of
Otero County for the current calendar year. Alternatively, the Board of County
Commissioners may rescind or modify this proclamation at any duly convened public
meeting of the Board of County Commissioners.