We need a firework ban in this drought

A perfect confluence of nature’s worst has visited New Mexico. Precipitation, snow and rain, was minimal this winter — which week was winter? Climate conditions, heat and wind, are both now higher than normal and are forecast to continue. These adverse conditions have combined to produce a combination of drought and heavy fuel loading. Low humidity, heat and high wind forecasts increase the danger of wild land, brush and grass fires, and pose an extremely high fire risk across the state.

Already, the state is in 99 percent drought conditions, with 9 percent in exceptional drought, 37 percent in extreme drought and 53 percent in severe drought. Worse, the National Weather Service forecasts temperatures in central New Mexico to continue to be above to well above average. Drought, combined with high wind conditions, has caused the fire season to begin early, starting in April, with wildfires around Tijeras, Capitan, Grants and in the Albuquerque bosque.

To prevent further fire loss, county commissioners have banned open fires, campfires and smoking in unincorporated areas of Bernalillo County, and the U.S. Forest Service has declared Stage 1 fire restrictions in the Mountainair Ranger District of Cibola National Forest.

The National Oceanic and Atmospheric Administration (NOAA) National Weather Service predicts drought conditions in this area to persist through July 31. To compound the problem, the fourth of July holiday season is fast upon us, increasing fire potential due to fireworks.

There is a solution. Municipalities are responsible for protecting the health, safety and welfare of residents. All municipalities encourage residents to enjoy a safe and sane Fourth of July holiday experience. The state has authorized municipalities to ban or restrict use of fireworks within city limits in extreme or severe drought conditions — NMSA 60-2C8.1. NOAA verifies severe drought conditions now exist and will persist until at least July 31. To legally ban or restrict the sale or use of fireworks within city limits, the municipality must have an ordinance that defines permissible and not permissible fireworks AND the governing body must issue a proclamation identifying each banned or restricted firework — NMSA 60-2C-8.1, B1 through B2C. This proclamation must declare an extreme or severe drought condition and shall be issued no less than 20 days prior to a holiday, this year June 14, Flag Day, for the Fourth of July holiday. The proclamation is for 30 days, and the governing body may issue succeeding proclamations if drought conditions warrant — NMSA 60-2C-8.1, B2D.

This solution for public protection has three problems: the fireworks lobby; surrounding areas not banning or restricting the sale and use of permitted fireworks; and resident complaints.

The fireworks industry lobby tries to eliminate or minimize local fireworks control. These lobby efforts will fail if municipalities strictly follow ordinance, proclamation and state statute requirements.

Rio Communities incorporated five years ago. Three years ago, the pathway to a fireworks ban and restriction was flawed. An ordinance was in place, extreme or severe drought was present, but there was no knowledge that NMSA 60-2C-8.1 existed and that a municipal proclamation was required.

Which brings us to the second problem: Sale and use of banned fireworks in Rio Communities is compromised by the surrounding county and municipalities’ unrestricted sale of permitted fireworks in time of extreme or severe drought. Those fireworks have legs and compound enforcement problems in areas which do have fireworks restrictions. I find it unconscionable that Valencia County and our surrounding municipalities are not placing bans and restrictions on fireworks in these dire conditions.

The third problem is vocal residents who cry foul and infringement of freedom. This is at once the most difficult and easiest problem to solve. Fireworks are explosive and dangerous, and our environmental conditions are extremely vulnerable to fires.

Rio Communities will soon consider passing a proclamation to ban and restrict sale and use of permissible fireworks to better protect the life, property, health, safety and welfare of its residents. Municipalities of New Mexico, unite.