[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms as Ch. 11-3 of the 1980 Code. Amendments noted where applicable.]
Property maintenance — See Sec. 7-3.
Solid waste — See Sec. 9-1.
This Section 11-3 shall be known and may be cited as the "Open Burning Ordinance."
This Section 11-3 is intended to promote the general health, safety, and welfare of the people of the Village of Bosque Farms and preserve the aesthetic beauty of the Village by prohibiting the open burning of combustible materials, except as may be permitted by the Mayor.
As used in this Section 11-3, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- Any law enforcement officer employed by the Village and any other person(s) who may be designated by the Mayor to enforce this Section 11-3, issue the appropriate citations, and carry out enforcement as provided herein.
- OPEN BURNING
- Any manner of burning not in a device or chamber designed to achieve combustion where the products of combustion are emitted, directly or indirectly, into the air.
- OPEN BURNING PERMIT
- The written document issued by the authorized officer of the Village, along with specific operational requirements which grant permission for open burning.
- PERSON IN CHARGE OF PROPERTY
- The person in charge of the property, including, but not limited to, the owner, tenant, lessee, manager, occupant, or agent thereof.
- Anything rejected as worthless or useless, including, but not limited to, common household garbage, rubbish, hydrocarbon-based material, preservative-treated scrap lumber, paper products, and animal waste.
- The Village of Bosque Farms, New Mexico.
Open burning permits may be issued for religious and ceremonial events, outdoor cooking (except as provided in the definition of "open burning" in § 11-3-3), and the disposal of totally dried vegetation aftermath, such as, but not limited to, leaves, grass clippings, ditches, agricultural fields and woody cuttings from shrubs and trees. Application shall be made on the form, with specific operational requirements provided by the Village. When approved by an authorized Village official, the form will constitute the open burning permit. The Mayor or his designee will determine the duration the burn permit will be in effect and when such burn permit is to be issued.
It shall be unlawful for any person within the Village to fail, refuse and/or neglect to obtain an open burning permit prior to starting an open burning activity, and/or to fail, refuse or neglect to comply with these specific operational requirements:
Open burning shall be attended at all times.
Hours during which burning will be permitted shall be one hour after sunrise to one hour before sunset.
Material to be burned shall have low moisture content such that the burning shall sustain open flame combustion.
Refuse shall not be burned.
The permittee shall establish and maintain means of fire control such as a fire line, water source or other method of extinguishment.
Weather conditions shall be considered by the permittee prior to ignition.
Any person who shall fail, refuse, and/or neglect to comply with the provisions of this Section 11-3 and/or who shall resist or obstruct the enforcement officer from carrying out the duties and responsibilities as provided herein shall be issued a citation by the enforcement officer to appear in the Village Municipal Court for a hearing on the citation. Upon conviction thereof, the violator shall be subject to a fine of not more than $500, or imprisonment for not more than 90 days in jail, or both.