Enforcing Fireworks Restrictions and Bans on Illegal Fireworks

WHEREAS, fireworks, including consumer fireworks, pose a heightened risk of igniting grass, brush, trees, structures, and other combustible materials during these extreme conditions, and fires caused by fireworks can spread rapidly, threaten lives and property, endanger firefighters and first responders, damage the City's recovering watershed, and place additional demands upon the City's limited water supply needed for fire suppression; and

WHEREAS, the City of Las Vegas has, for well over a decade, maintained some of the strongest fireworks restrictions authorized under New Mexico law through City Ordinance No. 238 (City Code Chapter 93), which prohibits the possession, sale, and use of aerial fireworks and ground-audible fireworks within the City. New Mexico Statutes Annotated 1978, Section 60-2C-8.1 further authorizes restrictions on specified fireworks during periods of severe or extreme drought; and

WHEREAS, open burning is prohibited year-round within the City of Las Vegas pursuant to City Code Chapter 154, further reflecting the City's longstanding commitment to reducing wildfire risk; and

WHEREAS, despite these restrictions, illegal fireworks continue to be brought into the community from surrounding jurisdictions where their sale may be permitted and are discharged within the City in violation of City Ordinance No. 238 and the Fireworks Licensing and Safety Act, NMSA 1978, Chapter 60, Article 2C; and

WHEREAS, the City of Las Vegas continues to recover from the devastating impacts of the Hermits Peak/Calf Canyon Fire, which caused significant damage to the Gallinas Watershed, impaired the City's water supply and treatment system, and continues to affect the health, safety, and welfare of the community; and

WHEREAS, the City remains under Level 2 Water Restrictions, requiring continued conservation and careful management of the City's limited water resources; and

WHEREAS, prolonged drought, dry vegetation, low humidity, elevated temperatures, and seasonal winds have created conditions that substantially increase the risk of wildfire throughout the City of Las Vegas and surrounding areas; and

WHEREAS, protecting the public health, safety, and welfare requires coordinated emergency preparedness, wildfire prevention efforts, conservation of water resources, and vigorous enforcement of existing laws.

NOW, THEREFORE, I, David Romero, Mayor of the City of Las Vegas, New Mexico, pursuant to the executive authority vested in me by the City Charter to respond to civil emergencies, the Constitution and laws of the State of New Mexico, the New Mexico Emergency Management Act, the Fireworks Licensing and Safety Act, the Fireworks Ordinance and other ordinances of the City of Las Vegas, do hereby issue this Emergency Directive and accordingly direct that the City utilize all resources necessary to enforce City ordinances and State laws to enforce fireworks restrictions and bans on illegal fireworks due to extreme drought, critical water conditions, elevated wildfire risk, and heightened fire danger.

In my role as Mayor with Executive Authority to respond to civil emergencies, I direct THAT:

• The City's Emergency Operations Plan is activated as necessary to coordinate emergency preparedness and response.

• All City departments shall prioritize wildfire prevention, protection of critical infrastructure, conservation of municipal water resources, and emergency coordination.

• The Las Vegas Police Department and Las Vegas Fire Department aggressively enforce all applicable provisions of City Code Chapter 238 relating to regulation of fireworks in the City, City Ordinance No. 238 (City Code Chapter 93), City Code Chapter 154 relating to open burning, and the Fireworks Licensing and Safety Act, NMSA 1978, Chapter 60, Article 2C, including its prohibition of aerial fireworks, ground-audible fireworks, and fireworks restricted during severe or extreme drought conditions.

• The Las Vegas Police Department, Fire Department, and Code Enforcement Officers issue citations as necessary for the use of illegal fireworks.

• All City departments enforce existing Level 2 Water Restrictions which remain in full force and effect.

• Residents and visitors are strongly urged to follow this Emergency Directive and voluntarily refrain from the use of all fireworks within the City of Las Vegas during the duration of this Local Emergency, regardless of whether such fireworks are otherwise permitted under state law, in order to reduce the risk of wildfire, protect lives and property, conserve limited water resources, and safeguard the health, safety, and welfare of the community.

• Nothing contained in this Emergency Directive shall be interpreted as creating restrictions or penalties beyond those authorized under New Mexico law or City ordinance or creating any type of ban in violation of City ordinance or State law. The City shall continue to exercise every lawful authority available to protect life, property, critical infrastructure, and municipal water resources.

BE IT FURTHER PROCLAIMED that every resident, business, and visitor is encouraged to do their part to prevent human-caused fires. During these extraordinary conditions, a single spark from a fire or from fireworks can have devastating consequences for our community. The City urges everyone to report illegal fireworks activity, comply with all applicable City ordinances and state laws, and help protect our community, our recovering watershed, our limited water supply, and the dedicated first responders who work tirelessly to keep Las Vegas safe. Together, we can reduce the risk of wildfire and protect the health, safety, and welfare of our community.

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David Romero Honorable Mayor

David Ulibarri Benito Pacheco Barbara Casey Marvin Martinez

Ward 1 Ward 2 Ward 3 Ward 4