[HISTORY: Adopted by the City Council of the City of Scoria as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-2-2022 by Ord. No. 22-05-02]
The Mayor of the City of Scoria, in conjunction and agreement with the City Council, by virtue of the State of New Mexico Civil Emergency Preparedness Act (NMSA 1978, §§ 12-10-1 to 12-10-11), declares the City of Scoria an emergency area for the purposes of exercising necessary emergency powers and expenditures of available resources to minimize the probability and occurrence of unwanted fires.
The following types of open burning shall be prohibited unless a permit is obtained from the City of Scoria Fire Chief (or designee):
A. 
Campfires ("Campfire" means a fire set for cooking, warming, or ceremonial purposes, which is not more than three feet in diameter by three feet high, and has had the ground five feet from the base of the fire cleared of all combustible material);
B. 
Open fires;
C. 
Open burning of vegetation or rubbish; and
D. 
Any other smoke-producing substance and material that creates a fire safety hazard.
Pursuant to NMSA 1978, § 3-17-3A (1973), the Mayor and the Scoria City Council hereby declare it is necessary for the public peace, health, safety and welfare of our community that this article take effect immediately after passage. This article may be repealed by the Mayor or by a written finding of the Scoria Fire Chief that conditions have improved to the point that this article is no longer necessary.
The City of Scoria Police Department, the City of Scoria Fire Department, and the City of Scoria Code Enforcement Department shall have the ability and duty to enforce this article.
The Scoria Fire Chief (or designee) may issue burn permits to allow for controlled fires (any fire that is not a campfire) between the hours of 5:00 a.m. and 10:00 a.m. and to allow for campfires at any time of the day if the conditions are determined to be safe by the Fire Chief. The Fire Chief (or designee), at his/her sole discretion, may grant or deny permits to burn based on the relative humidity, wind conditions and available Departmental manpower in the area of the proposed burn. The Fire Chief may place additional conditions on a burn permit based on the condition of the area to be burned and atmospheric conditions at the proposed burn time. The permit may be revoked at any time by the Fire Chief (or designee) if the conditions for a safe burn cease to exist.
Any violation of this article shall be deemed a misdemeanor and punishable by a fine of not more than $300 and/or up to ninety 90 days in jail.
If any section, subsection, paragraph, sentence, clause, phrase, provision or portion of any section, subsection, paragraph, sentence, clause, phrase or provision in this article is, for any reason, held to be unconstitutional, invalid or void, the remaining portion shall not be affected since it is the express intention of the Mayor and Council to pass such section, subsection, paragraph, sentence, clause, phrase or provision and every part thereof separately and independently from every other part.