As used in this chapter, the following terms shall have the meanings indicated:
AFFECTED AREA Shall be described for the purposes of this chapter as mountains and basin. These areas are further determined by the National Weather Service as Fire Weather Zone 113, which covers the Sacramento Mountains 5,500 feet or above in elevation, and Fire Weather Zone 112, which covers the basin area below 5,500 feet in elevation.
AGRICULTURAL BURNING Any burning of agricultural products, by-products or agricultural refuse (and is included within the definition of "vegetative materials") by a farmer engaged in the commercial production of agricultural products or by a facility which processes agricultural products.
BONFIRE A single pile of vegetation, maximum size 20 feet in diameter and 15 feet high, encircled by a noncombustible ring, used by an established organization for ceremonial purposes.
BRUSH PILE A single pile of vegetation less than 1,000 cubic feet in pile volume, maximum height 10 feet.
LARGE CAMPFIRE A single pile of vegetation less than five feet in diameter and three feet high, encircled by a noncombustible ring, intended for warming or noncommercial cooking of food for human consumption.
PILE VOLUME The gross volume of a pile, including the air space between solid constituents, as calculated from the overall dimensions and shape of the pile.
REFUSE Any garbage, rejected or waste food, swill, carrion, ashes, dirt, slop, waste paper, trash, rubbish, waste or unwholesome material of any kind.
SMALL CAMPFIRE A single pile of vegetation less than three feet in diameter and two feet high, encircled by a noncombustible ring, intended for warming or noncommercial cooking of food for human consumption.
VEGETATION Plant material, including:
A. Weeds, grass, grass clippings, leaves, conifer needles, bushes, shrubs, trees, and clippings from bushes, shrubs and trees; and
B. Wood waste, clean lumber, wood and wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings, which have not been painted, pigment-stained, or treated with compounds containing chromium, copper, arsenic, pentachlorophenol, or creosote.
Burning of the following materials is prohibited unless in a licensed facility designed for the destruction and incineration of these materials:
A. Refuse, other than vegetative material and clean wood;
B. Paper, including newspaper, corrugated cardboard, container board, and office paper;
C. Asbestos or asbestos-containing materials;
D. Any plastic material, including but not limited to nylon, polyvinyl chloride (PVC), acrylonitrile butadiene styrene (ABS), polystyrene, polyurethane, synthetic fabrics, plastic containers, and plastic sheeting, films and bags, except as provided in §
111-4;
E. Waste oil or other oily wastes;
F. Asphalt and products containing asphalt;
G. Treated or painted wood, including but not limited to railroad ties, plywood, chipboard, composite wood products or other wood products that are painted, varnished, or treated with preservatives;
H. Rubber, including tires and synthetic rubber-like products;
K. Motor vehicle bodies or interiors;
All outdoor vegetative burning, including campfires, is prohibited under any one or more of the following conditions:
A. Within 12 hours of the issuance by the National Weather Service of a red flag warning for any affected areas within Otero County.
B. On days when the National Weather Services has issued a high-wind advisory for any affected part of Otero County.
C. The Otero County Office of Emergency Services may issue a burn ban for all or part of the County at any time based on weather, fuel load, or fuel moisture if, in the belief of the County, a catastrophic fire could occur due to a burn getting out of control or from flying embers. These bans must be provided in writing to the County Administration and the Sheriff's office and cannot extend beyond 21 days without approval by the County Commission.
D. If prohibited by a burn ban resolution issued by the County Commission.