Proclamation Declaring Extreme Or Severe Drought Conditions in Grant County—Imposition of Fireworks Restrictions

WHEREAS, the Board of County Commissioners of Grant County ("the Commission") held a hearing on April 24, 2014, pursuant to NMSA (1978) § 60-2C-8.1.E, to determine if fireworks restrictions should be imposed within the unincorporated portions of the County due to extreme or severe drought conditions; and

 WHEREAS, the County of Grant is experiencing extremely dry conditions, high winds, and an increase in fires; and

WHEREAS, the Commission finds that severe and/or extreme drought conditions and high fire potential currently exist within the unincorporated areas of Grant County and these conditions are expected to continue and that restrictions on the sale and use of certain fireworks is necessary. This determination is based on current information made available by the National Weather Service and the National Interagency Fire Center Predictive Services.

NOW THEREFORE, IT IS HEREBY PROCLAIMED BY THE BOARD OF COMMISSIONERS OF GRANT COUNTY THAT:

Section 1: Extreme or severe drought conditions exist within the unincorporated boundaries of Grant County.

Section 2: Consistent with NMSA (1978) § 60-2C-8.1.F(1), the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets, and ground audible devices, including chasers and firecrackers, is prohibited within the unincorporated areas of Grant County.

Section 3: Consistent with NMSA (1978) § 60-2C-8.1.F(2)(a), the use of any other permissible fireworks, including cone fountains, crackling devices, cylindrical fountains, flitter sparklers, ground spinners, illuminating torches, toy smoking devices, mines, roman candles, shells, multiple tube devices, and wheels, shall be limited to being used only in areas within the unincorporated areas of the County that are paved or barren, or areas that have a readily accessible source of water for use by the homeowner or general public.

Section 4: The Board of County Commissioners, after having its designee consult with the State Forester in accord with NMSA (1978) § 60-2C-8.1.F(2)(b), is authorized to and does hereby ban the use of all fireworks within wildlands, defined by NMSA (1978) § 60-2C-2.HH as "lands owned by the governing body of a county or municipality that are designated for public recreational purposes and that are covered wholly or in part by timber, brush or native grass."

Section 5: Consistent with NMSA (1978) § 60-2C-8.1.F(2)(C), the sale and use of display fireworks (as defined by NMSA (1978) § 60-2C-2.J) are hereby prohibited within the unincorporated areas of the County.

Section 6: This Proclamation shall be effective immediately, and for a period of thirty (30) days, unless a subsequent Proclamation is issued by the County, consistent with NMSA (1978) § 60-2C-8.1.H.

Proclaimed this 24th Day of April 2014, by the Grant County Board of Commissioners.