Breaking Down the Fireworks Law
1. Some official using an official method of determination must call a drought.
You can probably judge this just as well for yourself. Has there been very little rain for the past three months or so? Are you having a hard time keeping your grass alive? When you walk in the Bosque does everything crackle beneath you because it is so dry?
Ah, but lest anyone accuse this author not providing facts- look for yourself:
http://www.srh.noaa.gov/abq/feature/droughtinfo.php
The answer - NO!
2. The Village has an ordinance on hand saying that the fireworks can be restricted or banned and limited to the types only allowable under state law?
This is tricky.
In an article last year the Mayor said the law hasn't been updated since 1999. Yet on the Village website there is a new ordinance for Bosque Farms with a place for MAYOR HUNING of Los Lunas to sign dated 2002 (HUH?!) saying the fireworks of certain types are banned in the limits of LOS LUNAS.
http://bosquefarms.us/Ordinances/SECT5-5%20Fireworks%20-%20revision%202003.doc
http://www.news-bulletin.com/news/61793-05-27-06.html
If this law was passed this author is unable to find note of it in the local paper very easily. But if this law was adopted then maybe Los Lunas can not use certain fireworks if Bosque Farms calls a drought.
3. The Village has issued a proclamation of a sever draught throwing this ordinance into effect.
NO. And for the simple reason that they can't be the ones to declare the drought, they simple recognize that there is a drought in Bosque Farms. The drought must be declared by the National Weather Guys and Gals. (Uh, for those of you who doubt, check out NMSA 60-2c-8.1A.
And as if all of that isn't enough, the proclamation saying there are extreme dry conditions must be passed 20 days prior to the holiday. So it should have happened a long time ago and the signs been put up many days prior to when they went up. (Simple sense here, if there is a drought the state doesn't want the fireworks sale people to have a chance to sell anything that might start a fire and be used illegally. This is one state law that is trying to help both businesses and buyers fairly!)
So the Village has not met the requirements for enacting a fireworks ban. That doesn't mean everyone should run out and buy a bunch of fireworks and light them all off- it simply means that you can and their signs are a bunch of hogwash put up to intimidate the few that might think they mean something.
By the way, look at the state law here:
http://nxt.ella.net/NXT/gateway.dll?f=templates$fn=default.htm$vid=nm:all
Labels: holidays, ordinances, state laws
