Otero County Issues Burn Ban

May 10, 2013

Otero County has determined that, in order to protect the health, safety, and welfareof the citizens of Otero County due to existing drought conditions, current fire activityand minimal moisture received within Otero County, the present fire danger hasincreased, and hereby enacts a Burn Ban within Otero County effective 6:00 AMMay 11,2013. This ban prohibits fireworks on all lands within the boundaries of the Lincoln NationalForest and all burning of open flames, fires, trash, rubbish, shrubbery or othermaterial of any kind within the affected unincorporated area of the County.Fireplaces in particular, the unquenched ashes from same, may present a significanthazard and use should be discouraged during this period of drought.Failure to comply with restrictions in this proclamation may be chargeable under thefollowing 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 This proclamation is to remain in effect until it is rescinded by declaration of the OteroCounty Emergency Services Director upon his receipt of documented evidence fromthe National Weather Service and the U.S.D.A. Forest Service that the fire dangerand drought levels in Otero County have abated. The declaration shall be made inwriting and published to the news entities and radio stations specified in the OteroCounty Open Meetings Resolution adopted by the Board of County Commissioners ofOtero County for the current calendar year. Alternatively, the Board of CountyCommissioners may rescind or modify this proclamation at any duly convened publicmeeting of the Board of County Commissioners.