Saturday, June 28, 2003

Fireworks banned in Bosque Farms

Clara Garcia News-Bulletin Staff Writer; Cgarcia@news-bulletin.com

Bosque Farms Because of the extremely dry conditions and for the safety of life and property, Bosque Farms has passed a proclamation declaring a ban on the use of fireworks in the village.

The fireworks ban, which was decided at an emergency meeting Thursday, is effective immediately. With two large bosque fires this week in Albuquerque, Mayor Roger Baldwin decided to ban all fireworks, due to the high risk of fire.

This is the second year in a row that Bosque Farms has banned the use of fireworks.

Because only two councilors — Ken Hays and Wayne Ake — were present at the meeting, the council couldn't pass a resolution to ban fireworks. But, because of concern for an immediate threat to the public health, safety and welfare of the village, Mayor Roger Baldwin said he could initiate a proclamation.

"I feel that this falls under the emergency act under the mayor," Baldwin said. "This is about banning fireworks due to the current drought situation in the Village of Bosque Farms. I've been watching the news the last couple of nights, and I've seen how terrible this fire is, and I would hate for something to happen here."

Baldwin said he is very passionate about banning fireworks because, he said, he couldn't sleep at night if someone's house burned down due to fireworks.

Before the mayor brought the issue to the council, he received a letter from the Municipal League that stated that state law does not grant municipalities the authority to ban fireworks. However, the same letter says that an emergency can be declared by mayors who feel that their communities and citizens are in imminent danger.

"If you ask 10 attorneys, you'll get 10 different answers. We have a right, as elected officials, to do what we know is right," Baldwin said. The mayor told the council he conducted an informal poll of local citizens — both young and old — who all said they supported a ban on fireworks.

Both Ake and Hays agreed to support the proclamation, saying that they had a duty to protect the citizens of the village. Ake announced that Fire Chief Greg Jones has also placed a ban on all burn permits in the village.

"The one thing that I don't understand is that the governor has the authority to ban fireworks on all state land and we don't have the authority to protect our village," Ake said. "I feel our village is in imminent danger."

Ake said that if a fire, such as the one in Albuquerque, occurred in Bosque Farms, the whole village would go up in flames. He said the village doesn't have the resources to protect property that Albuquerque does.

"I feel that if we don't do something, and we have a fire, a lot of people could be damaged," Hays said. "It could be tragic for all of us."

Baldwin directed the police department to not only patrol the village as usual but to keep a close eye on the bosque. He also told the police department that it needs to hold anyone lighting illegal fireworks to the "letter of the law."

Baldwin said anyone convicted of violating the ban could be fined up to $500 and/or sentencedto up to 90 days in jail.

"As mayor, I've done my part," Baldwin said on Friday. "I'm asking for the citizens of Valencia County to do their part now and not use fireworks but instead to go to one of the public fireworks displays."

Baldwin said village crews were putting up warning signs on NM 47 and the Bosque Loop on Friday. "There's no way you can leave or enter the village limits without seeing that sign," he said.

In Los Lunas, police said they will be enforcing the any illegal use on fireworks. Officers will be patrolling neighborhoods.

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