Use of an engine without spark arrester consists of using or operating any locomotive, logging engine, portable engine, traction engine or stationary engine using any combustible fuel when such engine is not provided with an adequate spark arrester kept in constant use and repair. Escape of fire or live sparks from any engine shall be prima facie evidence that such engine has not been adequately equipped with a spark arrester in compliance with this section. Whoever commits use of an engine without spark arrester is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-17-2, enacted by Laws 1963, ch. 303, § 17-2. Cross references. — For provisions authorizing counties to require railroads to maintain fireguards, see 63-3-25 to 63-3-27 NMSA 1978.
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