City of Moriarty

Ordinance Number: 0-2006-01

                    AN ORDINANCE

        RELATING TO FIRE PREVENTION; SETTING FORTH POLICY AND

        REGULATIONS ON BURNING; PROVIDING PENALTIES, AND DECLARING

        AN EMERGENCY

         

        BE IT ORDAINED BY THE GOVERNING BODY OF THE MUNICIPALITY OF

        THE CITY OF MORIARTY, NEW MEXICO:

         

        Section 1                    Title

        Section 2                    Authority

        Section 3                    Regulations

        Section 4                    Definitions

        Section 5                    Unauthorized Burning

        Section 6                    Burning Restrictions

        Section 7                    Violations/Penalties

        Section 8                    Repealer

        Section 9                    Effective Date

        Section  1. Title

        This article shall be known and cited as the City of Moriarty Open Burning Ordinance.

        Section  2. Authority

        It is the intention of the Governing Body of the City of Moriarty, New Mexico, to regulate activities that

        pose a threat to the health, safety and welfare of the residents of the City of Moriarty.  Further, the

        Governing Body shall provide for fire prevention and public safety by regulating the burning of weeds and

        other nuisance vegetation within the municipality of the City of Moriarty.

        Section 2.1 Enforcement Authority

        It shall be the responsibility of the Fire Chief of the City of Moriarty Fire Department to enforce the requirements of this ordinance.  All requirements of this ordinance and all Open Burning shall comply with 20.2.60 NMAC.

        Section  3. Regulations

        Persons desiring to burn shall first obtain a burn permit from the City of Moriarty Fire Department and observe and comply with the following regulations:

        Section 3.1

        A burn permit may be requested in person from the City of Moriarty Fire Department Monday through Friday, 10:00 a.m. to 5:00 p.m.  There is no cost involved in obtaining a permit. A burn permit is required under the circumstances defined in the Burn Regulations, Section 3.3. The Fire Department shall have complete discretion to grant or deny a burn permit, if in the Department’s opinion, an unwarranted fire hazard, as defined in Section 4, is likely to occur.

        Section 3.1.1

        After a permit has been granted, the Fire Department will contact the Torrance County Dispatch to notify of the permitted burn. 

        Section 3.2

        1.   If desired by applicant, the permit will be valid for up to three (3) consecutive days.  Persons wishing to

               burn over a weekend must obtain a permit from the City of Moriarty Fire Department office the Friday before.

        2.     The applicant shall provide the following information:

          • Name, address and telephone number of the applicant;
          • Address of the site at where the burn is to be conducted;
          • Estimated date, starting time and ending time of the burn;
          • Reasons for the burn;
          • Description and quantity of material to be burned; and
          • Description of the methods that will be used to ignite, maintain and control the burning.

        Section 3.3 Burn Regulations

        a.   The Fire Chief or his/her/their designee shall have complete authority to grant,

               deny or revoke a burn permit if, in their opinion, an unwarranted fire hazard, as

               defined in Section 4, is likely to occur.

        b.   Only thoroughly dried weeds may be burned.

        c.   All open burning shall be accomplished only during the hours from one (1) hour after sunrise until one (1) hour before sunset with the following exceptions: approved recreational, ceremonial and  / or pits used for cooking purposes, as defined in Section 4. All fires regardless of specified nature of use must comply with the necessary precautions pursuant to this Ordinance and shall be thoroughly extinguished and smoke completely dissipated by end of the approved burn period. The Fire Chief may grant an extension of the burning period for special, recreational, and ceremonial purposes: or a waiver pursuant to 20.2.65 NMAC.

        d.   Dried weeds shall be burned ONLY in an area not smaller than twenty (20) feet by twenty (20) feet, which has been totally cleared of all other combustible materials. Dried weeds shall not be stacked more than three (3) by three (3) feet by three (3) feet high.

        e.   Only small amounts of weeds shall be placed on fire at a time to insure proper control of the fire.

        f.     A shovel, water hose, and water under pressure shall be readily available in case fire starts to get out of control.

        g.   Fire shall be kept under safe control at all times, and continuously under the supervision of an adult person. Under no circumstances shall a fire be left unattended at any time.

        h.   The area for open burning shall be located not less than thirty (30) feet from any combustible material, structures, trees, automobiles, and power / telephone lines.

        i.     Open burning is permitted for recreational and ceremonial purposes, barbecuing, and for warming by small wood fires at construction sites, provided such burning complies with Section 3.3 and subject to the State of New Mexico or the City of Moriarty burning restrictions as a result of drought or other emergency as described in Section 6.

        j.     The emission of smoke shall not be allowed to pass onto or across a public road or landing strip such that a hazard is created by impairment of visibility. Weather conditions (wind or inversion) shall be considered prior to ignition. The wind direction at the site must be such that the smoke will generally be carried away from areas of human habitation.

        k.   There shall be no burning of natural or synthetic rubber or petroleum products.

        l.     Open burning of household waste is prohibited.

        m.   Pit burns as defined in Section 4, other than those allowed for cooking / ceremonial purposes, are not allowed.

        n.     A burn permit shall be required for the scorching/searing of green weeds or other growing nuisance vegetation that do not exceed six (6) inches in height. Scorching / searing burning shall be done only by use of a propane torch.  No open fires are allowed for this purpose. The applicant shall comply with the regulations of this article. Green weeds or nuisance vegetation in excess of six (6) inches must be mowed.

        o.     Emergency burning is allowed when there is an imminent danger and rapid response is needed and no other practical and lawful method of abatement or disposal is available. This is intended to cover true emergency-response situations.

 

        Section 3.4 Agricultural Burning    

 

        1.     Permits must be obtained prior to any or all agricultural burns.  Including: open fields, ditch banks, easements and fence lines and other as specified by the City of Moriarty Fire Department, and must meet all open burning guidelines.

 

        2.     Agricultural burning will be conducted according to the “Guidelines for Prescribed Fire in New Mexico” 1992 Edition, as amended, and can obtained from the State Forestry Office.

 

        Section 4 Definitions

 

        • “barbecuing” means a preparing food on a grill, outdoor fireplace or other appliance specifically designed for roasting meat or other cooking purposes.
        • “ceremonial burning” means a burn for purposes of a formal act or set of acts prescribed by ritual or custom.
        • “household waste” means any waste including garbage and trash, derived from households including single and multiple residences, hotels and motels, bunkhouses, Ranger stations, crew quarters, campgrounds, picnic grounds and day use Recreation areas.
          • “open burning” means any manner of burning, whether caused, suffered or allowed, not in a device or chamber designed to achieve combustion, where the products of combustion are emitted, directly or indirectly, into the open air: open burning does not include  detonation of manufactured explosives.
          • “recreational burning” means any manner of burning designed for the pleasure or enjoyment of an open fire. Recreational burns include: Matanzas and outdoor fireplaces with approval of containment by the Fire Chief.
          • “unwarranted fire hazard” means an imminent and substantial fire hazard which threatens the public health, safety, or welfare or the environment, as determined by the Fire Department.

  •  

          Section 5 Unauthorized Burning

     

           Section 5.1 Permission is not granted, nor has it been previously granted to burn leaves, wet or dry, garbage or trash or any other toxic smoke producing substances and materials.  These create hazardous products to health and create a nuisance.

     

           Section 5.2 Reference Regulation Title 20, Environmental Protection, Chapter 2, Air Quality (statewide), Part 60, Open Burning.

     

          Section 5.3 Burning by a private citizen is not permitted on any municipal property or any municipal thoroughfare, right-of-way, easement or curb, unless specifically authorized by a burning permit.

     

          Section 6 Burning Restrictions

     

          In periods of potential hazardous fire danger, due to lack of precipitation during the winter months, high winds and low humidity or other such emergency situations, the Mayor may issue an emergency declaration restricting any outside open fire. The declaration shall be presented to the City Council at its next meeting for ratification.  At a minimum, the declaration shall state the time period that the declaration shall be in effect, the types of open fires prohibited, and shall be circulated to the general public by publication or posting in a manner to best convey the information to the City residents.

     

          Section 7 Violations/Penalties

     

          Any person violating the provisions of this Ordinance or neglecting to comply with any orders issued pursuant to any section hereof:

     

           Section 7.1  For a first offense, the violator shall be given a written warning;

     

           Section 7.2 For a second offense, the violator shall be issued a citation through Moriarty Municipal Court, and be subject to a fine not to exceed twenty -five dollars     ($25.00);

     

          Section  7.3 For a third offense, the violator shall be issued a citation through the Moriarty Municipal Court, and be subject to a fine not to exceed one hundred dollars    ($100.00);

     

          Section  7.4 For a fourth and subsequent offenses, the violator shall be issued a citation through the Moriarty Municipal Court, and be subject to a fine of one hundred dollars ($100.00), and / or imprisonment for not to exceed thirty (30) days.

     

     

     

     

     

     

          Section 8 Repealer

     

          All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

     

     

     

     

          Section 9 Effective Date

     

          This Ordinance shall become effective immediately upon passage and signing, as per Section 3-17-3, NMSA 1978.

     

     

          PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY, 2006.

     

     

     

     

    ____________________________________________

                                                                                                         Adan Encinias, Mayor

     

     

     

          ATTEST:

     

     

          ______________________________________

          Linda Fischer, City Clerk

     

     

    SAMPLE COPY

    CITY OF MORIARTY FIRE DEPARTMENT

    APPLICATION FOR OPEN BURNING PERMIT

    Name Of Applicant__________________________________________________

    Address___________________________________________________________

    Telephone Number at Site__________________________________________________________________

    Date(s) Burning Planned___________________________________________________________________

    Type/Quantity of Material to be Burned______________________________________________________

    Specify Planned Fire Control Action and Why You Believe Burning is Necessary:

    ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

    CONTROL OF FIRE IS RESPONSIBILITY OF APPLICANT

    * Fire shall be kept under safe control at all times, and continuously under the supervision of an adult person.

    Under no circumstances, shall a fire be left unattended at any time.

    * All burning shall be accomplished between the hours of l0 a.m. and 4p.m. Fire shall be thoroughly extinguished

    and smoke completely dissipated by end of specified burn period.

    * Burning is permitted for recreational and ceremonial purposes, for BBQ, for heating purposes in fireplaces, and

    for warming by small wood fires at construction sites unless the State of New Mexico issues prior burning restrictions.

    * Only thoroughly dried weeds may be burned. Dried weeds shall be burned ONL Y in an area not smaller than

    twenty (20) feet by twenty (20) feet, which has been totally cleared of all other combustible materials. Dried weeds

    shall not be stacked more than three (3) by three (3) feet high.

    * Only small amounts of weeds shall be placed on fire at a time to insure proper control of the fire.

    * No natural or synthetic rubber of petroleum products may be burned. No burning of refuse. No pit burns are allowed.

    * The emission of smoke shall not be allowed to pass on to or across a public road such that a hazard is created by

    impairment of visibility. Weather conditions (wind or inversion) shall be considered prior to ignition. The wind

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

    * A shovel, water hose, and water under pressure shall be readily available in case fire starts to get out of control.

    * The area for open burning shall be located not less than thirty (30) feet from any combustible material, structures,

    trees, automobiles, or power/telephone lines.

    I HAVE READ UNDERSTAND AND AGREE TO THE CONDITIONS ABOVE

    Applicant____________________________________ Date______

    Approved by _________________________________Date_______

                                           Moriarty Fire Department Officer

    PERMIT NO. 2006-

    WHITE - MORIARTY FIRE / YELLOW-RECIPIENT

     
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