§ 12-01-020. Regulations to control open burning.

(a)

Open burning is any manner of burning not in a device or chamber designed to achieve combustion, where the products of combustion are emitted, directly or indirectly, into the open air.

(b)

Except as otherwise provided under these regulations, no person shall authorize, kindle or maintain any bonfire or rubbish fire.

(1)

Open burning is permitted for barbecuing, for heating purposes in fireplaces, for the noncommercial cooking of food for human consumption and for warming by small wood fires within metal containers at construction sites.

(2)

Open burning is permitted for the following purposes when a permit or other proper authorization is obtained from the Alamogordo fire department: Weed abatement; prevention of fire hazards; instruction and training of bona fide fire-fighting and fire rescue personnel; civil defense; conservation; game management; disease and pest control; land clearance for highway construction; forestry management; control of vegetation in irrigation ditches and canals; clearance and maintenance of watercourses and flood control channels to eliminate flood hazards; disposal of hydrocarbons spilled or lost from pipeline breaks or other transport failure; for ceremonial purposes; and other special circumstances.

(c)

A permit to burn shall not be issued if the Alamogordo fire department determines that:

(1)

A practical alternative to burning exists;

(2)

The health or welfare of any person may be detrimentally affected; or

(3)

Ambient air quality may be detrimentally affected;

(4)

Violates state open burning regulations.

(d)

Any person seeking a permit to open burn shall do so by submitting a request to the Alamogordo fire department. The department will require the application to be written and it shall contain at least the following information:

(1)

The requester's name, address and telephone number;

(2)

The location where the burning is to be conducted;

(3)

The type and quantity of material to be burned;

(4)

The date and time when the burning is to be conducted;

(5)

The methods that will be followed to ignite, maintain and control the burning;

(e)

This section shall apply within the city limits as now in effect or hereafter amended.

(Code 1960, § 7-1-6; Ord. No. 585, § 2, 4-10-79; Ord. No. 1176, § 1, 4-13-04; Ord. No. 1563 , 4-24-18)