§ 8.12.040. Open burning.

A. All burning of trash, except as provided in subsection B of this section, on private property or on the streets and alleys is prohibited. No garbage shall be burned. No cans, cartons, wrappings containing food or organic waste, hair, wool, rubber, plastic or any other substance which would create offensive, obnoxious or dangerous fumes or odors shall be burned.

B.

Subject to the conditions contained in subsection C of this section, open burning is permitted, after calling Valencia Regional Emergency Communication Center to confirm that burning is allowed that day, for the following purposes:

1.

Disposal of fully dried weeds; and

2.

Agricultural management, excluding timber, directly related to the growing or harvesting of crops.

3.

For recreational, cooking, or ceremonial purposes.

C.

Any open burning permitted under subsection B of this section must be maintained under the following conditions:

1.

The emission of smoke shall not be allowed to pass onto or across a public road or land strip such that a hazard is created by impairment of visibility;

2.

No natural or synthetic rubber or petroleum product may be burned. For the purpose of frost control in agricultural operations, natural petroleum products may be burned;

3.

Care must be taken to minimize the amount of dirt on the material being burned;

4.

All burning allowed in subsection B of this section shall begin no earlier than one hour after sunrise, and shall be extinguished no later than one hour before sunset after an application has been submitted to the Village of Los Lunas Fire Department offices, Monday through Friday 8:00 a.m. to 5:00 p.m.;

5.

The material to be burned must be as dry as possible; and

6.

The wind direction at the site of the agricultural burning must be such that the smoke will generally be carried away from areas of human habitation.

D.

The Los Lunas Fire Department and/or the Los Lunas Police Department will have the authority to cite violations of this chapter.

E.

Reserved.

F.

Ban on open fires and contained open fires:

1.

The fire chief may impose a ban upon any or all types of open fires or contained open fires in the incorporated area of the Village of Los Lunas if it is deemed that danger of forest, grass, or structural fires is found to be high, by competent evidence which may include:

a.

Any similar ban imposed under the authority of the Governor of the State of New Mexico;

b.

Any recommendation, or similar ban, from the State Forest Service, National Park Service, United States Forest Service, or any other agency of the state or federal government;

c.

Any testimony or exhibits establishing that, due to weather, weather forecasts, or condition of forest, grass or other vegetation, the likelihood of a fire is high.

2.

During the time of ban of contained or open fires, an individual may make an application to the Village of Los Lunas Fire Chief for an exemption of such ban. After inspection of the containment structure, surrounding vegetation and potential fire fuel, and the immediate availability of fire suppression apparatus the village fire chief may exempt from such ban the open fire or contained open fire requested by the applicant.

G.

Notice of such ban may be given by best means available, including press release, individual notification to any agency requesting or advising in favor of the ban, individual notification to law enforcement agencies or such other means as in its discretion the fire department deems is appropriate under the circumstances.

H.

Any such ban shall specify an expiration date. The ban may be extended in the same manner as its original imposition and upon competent evidence that the fire danger continues.

I.

Any such ban shall state which of the following are to be included:

1.

Open fires

2.

Contained open fires

3.

Or both

J.

Any property damage caused by burning in accordance with this chapter or otherwise is the responsibility of the burn permit holder or violator, whichever is applicable.

K.

Penalty.

1.

Any individual, firm, partnership, or corporation that violates any provision of this section is guilty of a petty misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars or imprisonment for a period of not more than ninety days or both fine and imprisonment.

2.

In addition to any other criminal penalties that may be imposed, any individual, firm, partnership, or corporation found guilty by a court of competent jurisdiction of violating this section or the Fireworks Licensing and Safety Act shall, after notice and hearing, have its permit revoked for a period of one year.

L.

Severability. If any action, sub-section, paragraph, phrase, or other portion of this section shall be declared invalid for any reason whatsoever by a court of competent jurisdiction, then such decision shall not affect the validity or enforceability of the remaining portions of this section.

(Ord. 311, 2004: Ord. 250 (part), 1997)

(Ord. No. 372, 7-21-2011; Ord. No. 388, 2-27-2014 )