CORRALES, N.M. – The village of Corrales’ ban of all fireworks had some questioning how the village can legally enforce it because of a state statute. But the mayor is sticking to his decision saying he is bound by a code to protect his community.
The village council on Tuesday voted to enforce an emergency ban against all fireworks in Corrales until the extreme drought conditions subside.
Mayor Phil Gasteyer is warning those living or passing through the village that the ban means all fireworks.
“We don’t differentiate between aerial rockets and sparklers; they’re all banned,” Gasteyer said.
Gasteyer said police and fire crews will be out to enforce the village’s new ban.
However, some said the village is going out on a limb with the new ban because the state statute does not give it the authority to do it.
The statute states under extreme drought conditions municipalities can ban the sale and use of certain fireworks, like aerials and ground audio devices. The statute also allows them to limit where legal fireworks can be lit, like on paved areas.
Gasteyer said those are not options for his village because the entire area is filled with low-lying brush and surrounded by the bosque.
So, the mayor is playing another card to enforce the ban saying the village is bound by code to protect his community under it’s general police powers.
“We’re responsible for our public safety within our incorporated limits just like other city or town,” Gasteyer said.
The mayor said the extreme drought conditions are a public safety matter. So he warns those who have fireworks will lose them and could face fines.
“If it’s a civil penalty, where you’re cited into municipal court, then it’s permissible,” Gasteyer said.
State Rep. Eliseo Alcon said he supports the idea but says the law is law. However he also said the law might have a loophole because while it doesn’t grant the village the authority for a full ban, it fails to state what would happen if they do.
“There is no crime to fit the punishment of banning them,” Alcon said.
Alcon said the only problems the village could face could be civil lawsuits. Corrales’ mayor said he’s not worried about lawsuits, but is worried about fireworks sparking a fire in an already dried out village.
“We’re ready to go to court if need be,” Gasteyer said.
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