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Published: 09 June 2022 09 June 2022

By Lynn Janes

Hurley held a public hearing June 7, 2022, to obtain input from the residents about the fireworks proclamation the town would be passing.

Attendance to the meeting included Mayor Ed Stevens, councilors Nanette Day, Freddie Rodriquez and Mateo Madrid. Mayor pro tem Richard Maynes came in shortly after the meeting started.

Stevens said the council needed to decide what to ban or not to ban with the public’s input. The council and some residents discussed the different types and what hazard they could be. Day said she had seen rockets that could go into trees and start fires. Lori Ortiz, city clerk, pointed out that the proclamation stated where the fireworks could be used. She also told the council this proclamation would have to be renewed every thirty days.

Stevens asked the police chief Steven Gallegos for his input. He said no matter if you ban certain fireworks or not the residents will do it anyway. “We can cite them but only if we actually see them doing it.” In all his years in the area people have set off banned fireworks anyway. He did say that in his last three to four years in Grant County he has not seen a big problem.

Day said not only do they set them off on July 4 but for several days before and after.

Stevens said it would be the council’s job to approve and the chief’s to enforce.

Day asked for an explanation of number six on the proclamation which addressed criminal and civil penalties and Gallegos told her it meant any property damage due to the use of fireworks.

One resident asked what the fees would be for the citations and Gallegos said they would need to ask the judge

Stevens asked Gallegos if he would be out on patrol, and he replied yes. Gallegos also said it would be a good idea to have the fire department available.

Day asked what residents should do if they witness people setting off banned fireworks. Gallegos said they would need to call the dispatch regular number, 575-388-8840, and not the emergency number 911.

Stevens asked if anyone else had any questions or concerns.

A resident Robert Baca said he had been in law enforcement for thirty-five years and said: “You will always have complaints no matter what you do.” He recommended that they cruise around on bicycles so they would not be seen as easily. Day suggested that maybe the neighborhood watch could do some patrolling. Gallegos said that would be fine.

Stevens asked if anyone had any more comments or questions, and no one came forward.

The town of Hurley held a special meeting June 7, 2022, beginning with the roll call and the Pledge of Allegiance.

Attendance to the meeting included Mayor Ed Stevens, Mayor pro tem Richard Maynes, councilors Nanette Day, Freddie Rodriquez and Mateo Madrid.

The council approved the agenda for the meeting.

The council approved the proclamation imposing fireworks bans and restrictions within the town of Hurley due to extreme or severe drought conditions with a few changes in wording. Mayor Stevens started with reading part of the ordinance and Maynes finished it. The full proclamation can be obtained at town hall.

In brief it says missile type rockets, helicopters, aerial spinner, stick type rockets and ground audible devices within the town limits will be prohibited. The fireworks not listed will be allowed as long as the areas they are being used in are paved, barren and have readily accessible water for use by the public. The use of fireworks in wildlands and town-owned property is prohibited. Violations will be subject to criminal and civil penalties.

Day pointed out that the wording on the ordinance that the fireworks may only be used in areas that are paved, barren, or have readily accessible sources of water for use by the public be changed to areas that are paved, are barren, and have readily accessible sources of water for use by the public. They discussed the different types of fireworks, but the state had lined out what they could ban and not ban. A discussion took place on the meaning of the word “shall” within the ordinance. Ortiz explained what the town lawyer Ben Young had relayed to her about the meaning. Gallegos had a different meaning that law enforcement takes.

Gallegos told the council it would be useful for them to approve the fire department’s ability to give citations concerning the fireworks ordinance. He said if they had a problem then he would be available to step in. Maynes asked what they would use to give citations and Gallegos said he had citations they could use. Madrid, involved with the fire department, said he didn’t see a problem except people would not take someone in the fire department as an authoritative person, because they are not law enforcement.

Stevens said he wished the fire chief had been in attendance to ask his opinion on the matter. Ortiz said she didn’t know if the council could give the fire department authority to give citations. She said she would consult the town lawyer. She explained to the council the ordinance has twenty days before it takes effect but if they can give the fire department authority it can happen right away.

Gallegos asked that the fire department be available from dark to 10 pm. Day pointed out that Independence Day is on a Monday so people will start fireworks the preceding Friday.

The next regular meeting will be held Tuesday, June 14, 2022, at 5:00 pm.

Meeting adjourned.