The ordinances and certain resolutions of Doña Ana County, as codified by General Code, LLC, and consisting of Chapters 1 through 324, together with an Appendix, shall be known collectively as the "Code of Doña Ana County," hereafter termed the "Code." Wherever reference is made in any of the ordinances and resolutions contained in the Code of Doña Ana County to any other ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such ordinance or resolution had been specifically amended to so read.
A.
The provisions of the Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of County Commissioners of Doña Ana County, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances and/or resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
B.
The inclusion
of certain resolutions in the Code does not convert those resolutions
into ordinances. The resolutions retain their character and status
as such, subject to amendment and/or repeal in the same manner and
using the same procedure as other County resolutions not so included.
All ordinances and resolutions of a general and permanent nature
of Doña Ana County in force on the date of the adoption of
this ordinance which are inconsistent with any provisions of the Code
and not contained herein or recognized and continued in force by reference
therein are hereby repealed from and after the effective date of this
ordinance.
The repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right
or liability established, accrued or incurred under any legislative
provision of Doña Ana County prior to the effective date of
this ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision of Doña Ana County
or any penalty, punishment or forfeiture which may result therefrom.
C.
Any prosecution,
indictment, action, suit or other proceeding pending or any judgment
rendered prior to the effective date of this ordinance brought pursuant
to any legislative provision of Doña Ana County.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by Doña Ana County.
E.
Any ordinance
of Doña Ana County providing for the laying out, opening, altering,
widening, relocating, straightening, establishing grade, changing
name, improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place within Doña
Ana County or any portion thereof.
F.
Any ordinance
of Doña Ana County appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond of Doña Ana County or other
instruments or evidence of the County's indebtedness.
G.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
H.
The levy
or imposition of special assessments or charges.
I.
The annexation
or dedication of property.
J.
Any ordinance
relating to salaries and compensation.
K.
Any ordinance
amending the Zoning Map.
L.
Any ordinance
relating to or establishing a pension plan or pension fund for County
employees.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance or resolution included
in this Code now or through supplementation shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
A copy of the Code has been filed in the office of the Clerk
of Doña Ana County and shall remain there for use and examination
by the public until final action is taken on this ordinance; and,
if this ordinance shall be adopted, such copy shall be certified by
the Clerk of Doña Ana County, and such certified copy shall
remain on file in the office of said Clerk to be made available to
persons desiring to examine the same during all times while said Code
is in effect. The enactment and publication of this ordinance, coupled
with the availability of a copy of the Code for inspection by the
public, shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements
to any of the ordinances and resolutions known collectively as the
"Code of Doña Ana County" or any new ordinances or resolutions,
when enacted or adopted in such form as to indicate the intention
of the Board of County Commissioners to be a part thereof, shall be
deemed to be incorporated into such Code so that reference to the
Code shall be understood and intended to include such additions, deletions,
amendments or supplements. Whenever such additions, deletions, amendments
or supplements to the Code shall be enacted or adopted, they shall
thereafter be published as amendments and supplements thereto. Nothing
contained in this ordinance shall affect the status of any ordinance
or resolution contained herein, and such ordinances or resolutions
may be amended, deleted or changed from time to time as the Board
of County Commissioners deems desirable.
It shall be the duty of the County Clerk to keep on file the
certified copy of the Code of Doña Ana County required to be
filed in the office of the County Clerk for use by the public.
Copies of the Code, or any chapter or portion of it, may be
purchased from the County Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set by resolution of the Board of
County Commissioners.
Any person who, without authorization from the County Clerk,
changes or amends, by additions or deletions, any part or portion
of the Code of Doña Ana County or who alters or tampers with
such Code in any manner whatsoever which will cause the legislation
of Doña Ana County to be misrepresented thereby or who violates
any other provision of this ordinance shall be guilty of an offense
and shall, upon conviction thereof, be subject to a fine of not more
than $300 or imprisonment for a term of not more than 90 days, or
both, in accordance with NMSA § 4-37-3.
A.
In compiling and preparing the ordinances and resolutions for publication as the Code of Doña Ana County, no changes in the meaning or intent of such ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Board of County Commissioners that all such changes be adopted as part of the Code as if the ordinances and resolutions had been previously specifically amended to read as such.
B.
In addition,
the amendments and/or additions as set forth in Schedule A attached
hereto and made a part hereof are made herewith, to become effective
upon the effective date of this ordinance. (Chapter and section number
references are to the ordinances and resolutions as they have been
renumbered and appear in the Code.)[1]
[1]
Editor’s Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-27-2011 by Ord. No. 235-2011." Schedule A, which contains a complete description of all changes, is on file in the County offices.
A.
This ordinance
shall take effect 30 days from the date of recording by the County
Clerk of a copy attested to by the Clerk's signature, following public
hearing and adoption by the Board of County Commissioners.
B.
Unless the
Board of County Commissioners declares that it is necessary for the
public peace, health and safety that an ordinance take effect immediately
after passage, all enacted ordinances shall become effective 30 days
from the date of recording by the County Clerk of a copy authenticated
by the Clerk's signature, following public hearing and adoption by
the Board of County Commissioners.
C.
Where the
Board of County Commissioners declares that it is necessary that an
ordinance take immediate effect, the ordinance shall take effect when
it is recorded by the County Clerk as provided above (NMSA § 4-37-9).
County ordinances are effective within the boundaries of the
County, including privately owned land or land owned by the United
States. However, ordinances are not effective within the limits of
any incorporated municipality.
In the event of conflict between the provisions of this Code
and other ordinances or provisions of the New Mexico Statutes, the
provision imposing the greater restriction shall prevail.
