[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County as indicated in article histories.
Amendments noted where applicable.]
[Adopted 5-22-2007 by Ord. No. 230-07]
This article supersedes Ordinance No. 184-99
and any amendment thereto, including but not limited to Amendment
2003-01. This article is enacted pursuant to the authority granted
to the Board of County Commissioners of Doña Ana County, hereinafter
"the Board," in the New Mexico Constitution and general laws of the
state, including but not limited to NMSA §§ 3-48-1
et seq., 4-56-1 et seq., and 4-37-1. This article is enacted to protect
and promote the health, safety, and general welfare of the inhabitants
of Doña Ana County, hereinafter "the County," by establishing
a general system for collection and disposal of solid waste throughout
the unincorporated areas of the County.
The words, terms and phrases used in this article
shall generally be interpreted consistent with NMSA §§ 3-48-1
et seq., 4-56-1 et seq., and 4-37-1, and the New Mexico Solid Waste
Management Regulations (or substantially similar regulations subsequently
issued by the state). The following words, terms, and phrases shall
have the meanings ascribed to them below:
Any person generating solid waste form any use other than
a single-family dwelling unit.
A small solid waste transfer station operated by the County
for disposal of solid waste produced incidental to the normal residential
use of a single-family dwelling owed by or under the control of the
resident utilizing the convenience station.
A permitted sanitary landfill or other acceptable method
of solid waste disposal, including a convenience or transfer station,
which operates in compliance with the New Mexico Solid Waste Management
Regulations (or any subsequent regulations which substantially replace
those regulations), or which meets the requirements or standards of
the jurisdiction in which it is located.
Substances defined as hazardous or toxic by the United States
Environmental Protection Agency, the United States Resource Conservation
and Recovery Act, the Federal Toxic Substances Control Act, the New
Mexico Hazardous Waste Act, or other state or local law, and specifically
includes radioactive, volatile, highly flammable, explosive, biomedical,
infectious, and liquid waste, sludge, waste or residue from industrial
processes or pollution processes, contaminated soil, anything contaminated
with polychlorinated biphenyls (PCBs) or asbestos, outdated or contaminated
or banned chemicals or commercial products, animal waste or body parts,
grease trap residues, closed cartridges filters from dry-cleaning
establishments, and other similar wastes.
Any structure designed for residential use by two or more
families, consistent with the definitions in Chapter 250, Land Use
and Zoning, of the County Code.
[1]Includes every person, firm, partnership, public or private
corporation, association, trust, estate or any other legal entity
subject to the County's jurisdiction.
Any real property, whether public or private, including vacant
lots or lots with any type of structure, and also includes realty
and personal property on the property and within structures on the
property.
Any business registered with the New Mexico Environment Department
as a "commercial hauler" and operates in compliance with the New Mexico
Solid Waste Management Regulations, and which is also registered to
do business in the County.
A dwelling unit for one family as more specifically defined
through the definitions in Chapter 250, Land Use and Zoning, of the
County Code.
[2]Includes but is not limited to any garbage, rubbish, or refuse,
rejected or waste food, offal, swill, carrion, ashes, dirt, slop,
wastewater, trash, weeds, briars, brush, junk automobiles or automobile
parts, waste or unwholesome material of any kind, except sewage, and
including residential, commercial, institutional, industrial and recreational
waste. The term "solid waste" encompasses the full scope of authority
under NMSA §§ 3-48-1 et seq., 4-56-1 et seq., and 4-37-1.
A registered or permitted facility managed for the handling
and storage of solid waste in large containers or vehicles for transfer
to another facility.
A.
Prohibited accumulations. No person shall allow any
solid waste to accumulate upon premises which he owns, rents, leases
or otherwise occupies or controls except in the manner provided by
this article.
B.
Acceptable accumulations. Building materials, pipes,
lumber or boxes may be stored on the premises if the accumulation
is evenly piled and stacked, and is for business purposes, or for
a construction project for which a valid and current building permit
has been issued, or for a construction or improvement project for
which a permit is not legally required; any otherwise permissible
accumulation shall not be allowed to become a feeding or breeding
place for flies, insects or rodents, or to otherwise become unsanitary,
unsafe, or similarly injurious to the public health and safety.
C.
Prohibited acts. It shall be unlawful for any person
to scatter or distribute solid waste or to distribute the contents
of any solid waste receptacles other than dispose of it in conformity
with this article. It shall be unlawful for any person to sweep, place,
throw, or deposit solid waste upon any street, alley, sidewalk, gutter,
storm sewer, parkway, river, stream, lake, pond, arroyo, or other
premises within the County, except in receptacles or containers consistent
with the provisions of this article. It shall be unlawful to transport
solid waste in such a manner as to cause it to be distributed onto
such premises.
D.
Disposal facilities. All solid waste other than hazardous
waste shall be conveyed to a disposal facility through a method authorized
by and consistent with all provisions of this article. Solid waste
deposited at any disposal facility under the control or management
of the County becomes the property of the County, and it shall be
unlawful for any person to, purchase, offer for sale, separate, collect,
recycle or remove any solid waste from any such disposal facility
without the approval of the County Manager, or to graze animals upon
any area designated as a disposal facility.
E.
Hazardous waste. Hazardous solid waste shall be disposed
of at a facility, which has been issued a permit by the New Mexico
Environment Department (or comparable agency with jurisdiction in
the location of the facility) for the disposal of hazardous waste.
A.
Disposal facilities. The County shall ensure that
sufficient disposal facilities are available to allow County residents
and property owners to comply with the provisions of this article.
Disposal facilities may include landfills, transfer stations or convenience
stations, as established by resolution of the Board, or as provided
by private enterprises consistent with the terms of this article.
(1)
Convenience stations. Any person other than a commercial
user may utilize any convenience stations provided by the County for
the disposal of solid waste produced incidental to the normal residential
use of a single-family dwelling unit. Any person who receives solid
waste collection services from a private sanitation company may dispose
of solid waste produced incidental to the normal residential use of
a single-family dwelling unit owned or controlled by that person at
any convenience station provided by the County. Commercial users and
private sanitation companies shall not be allowed to use convenience
stations.
(2)
Tipping fees. Private sanitation companies, except
commercial users, and construction and demolition companies shall
pay any and all tipping fees required for use of a particular disposal
facility, including those operated by or under an agreement with the
County.
(3)
Containers. Containers utilized for storage of solid
waste on the premises, and for transportation of solid waste to a
disposal facility, must be designed so as to fully enclose and contain
the solid waste, and must be leakproof for storage or transport of
any solid waste.
(4)
Multiple-family dwelling units. Multiple-family dwelling
units shall be considered a commercial user; any owner of a multiple-family
dwelling unit who fails or refuses to comply with the commercial user
requirements of this article shall be subject to prosecution for violation
of this article, and to all other penalties allowed by law.
B.
Private sanitation company service.
(1)
Frequency of service. Solid waste collection services
must be provided on at least a weekly basis, or more frequently if
necessary to keep the premises free of solid waste consistent with
the provisions of this article.
(2)
Containers. Containers utilized for the storage of
solid waste on the premises between collections must be designed so
as to fully enclose and contain the solid waste, and must be leakproof.
C.
Commercial users. Unless exempt under this subsection,
all commercial users shall obtain solid waste collection services
from a private sanitation company.
(1)
Frequency of service. Solid waste collection services
must be provided on at least a weekly basis, or more frequently if
necessary to keep the premises free of solid waste consistent with
the provisions of this article.
(2)
Containers. Containers utilized for storage of solid
waste on the premises between collections or other methods of disposal
must be designed so as to fully enclose and contain the solid waste,
and must be leakproof.
(3)
Self-service
exemption. A commercial user may be exempt from the requirement of
obtaining collection services from a private sanitation company if
the commercial user meets and follows all New Mexico Solid Waste Management
Regulations in handling and transporting the solid waste produced
incident to its commercial activities (other than as a commercial
hauler). A commercial user shall not be required to register with
the New Mexico Environment Department in order to be exempt under
this subsection. An exempt commercial user must comply with all other
provisions and requirements of this article, including the frequency
and container requirements of this subsection.
D.
Construction and demolition debris/solid waste disposal. Commercial users in construction and demolition industries shall not be required to meet the requirements applicable for other commercial users for construction and demolition debris or solid waste produced incidental to construction and demolition operations, but shall instead comply with the provisions of the § 287-5 of this article. Construction and demolition debris or other forms of solid waste produced by a commercial user incidental to construction and demolition operations shall not be disposed of at convenience stations.
A.
Solid waste containment required. At all sites where
streets, sidewalks, buildings or structures are being constructed,
remodeled, repaired, demolished or maintained, the construction site
shall be kept free from uncontained accumulations of solid waste materials
(new or used) and construction and demolition debris, including but
not limited to scrap or discarded pieces of wood, brick, sheetrock,
tar paper, cement, concrete, cinder block, asphaltic concrete, and
other building or construction products, as well as any containers
and wrappers of such products. Accumulation shall be deemed contained
when placed in approved storage containers appropriate for that type
of solid waste or debris. Any accumulation otherwise permissible under
this section shall not be allowed to become a feeding or breeding
place for flies, insects or rodents, or to otherwise become unsanitary,
unsafe, or similarly injurious to the public health and safety. The
following types of solid waste accumulations shall not be required
to be placed in approved storage containers if the specified conditions
are met.
(1)
Major building demolition waste. Solid waste produced
by a major building demolition which is so large in scope or scale
that it cannot reasonably be placed in approved containers shall be
an exception to this section, provided all loose, readily windborne
matter is contained and the remainder is either not an immediate hazard
to the public or the environment because of its nature or because
of security measures on site. Immediately following completion of
the demolition project, all solid waste on the site must be removed
to an approved disposal facility.
(2)
Major street construction and maintenance project
waste. Solid waste from street construction, reconstruction or maintenance
projects and street-pavement cuts which are so large in scope or scale
that they cannot reasonably be placed in approved containers shall
be an exception to this section, provided all loose, readily windborne
matter is contained and the remainder is not an immediate hazard to
the public. Immediately following completion of the demolition project,
all solid waste on the site must be removed to an approved disposal
facility.
(3)
Masonry solid waste. Rock, concrete, mortar, brick
and cinder block solid waste does not have to be placed in an approved
container and may be collected into a pile on the ground, but must
be removed to a permitted disposal site immediately upon completion
of the construction from which the waste was generated, or within
a reasonable time after the work is abandoned. Extra concrete from
cleaning delivery trucks must be placed on site, and not on developed
roads or sidewalks. This concrete must subsequently be removed to
a permitted disposal site.
(4)
Roofing materials solid waste. Shingles, tar paper
and other solid waste from roofing jobs that is capable of readily
becoming windborne does not have to be placed into an approved container,
provided such waste is placed directly into a dump truck or similar
truck for hauling to an approved disposal facility and is removed
on a daily basis.
(5)
Windborne solid waste. Solid waste capable of being
windborne shall be contained daily, except on windy days when shall
be contained immediately. Windy days shall be those days when solid
waste is observed becoming windborne.
B.
Storage containers.
(1)
Unless granted a specific exception within this article,
solid waste materials from construction shall be deposited and stored
within approved waste containers as follows:
(a)
Sanitation department containers. The following
mechanically transported containers may be used for construction waste:
[1]
Open-top containers, commonly referred to as
"roll-off containers," to be used for construction waste not capable
of readily becoming windborne and acceptable for limited amounts of
heavy items such as earth, bricks, concrete, and shingles.
[2]
Overhead-dump containers, having lids and at
least three cubic yards' capacity, to be used for lightweight construction
waste only, including that capable of readily becoming windborne,
and for earth, bricks, concrete, shingles and other heavy materials.
(b)
Other containers. Other containers, including
but not limited to dump trucks and fenced enclosures, may be used
for waste control, provided a request is submitted and approved with
the building permit.
(2)
Containers having lids shall be kept closed at all
times except when containers are being filled or emptied.
(3)
The number of containers at a construction site shall
be sufficient to ensure compliance with this article.
(4)
Required containers shall be located not more than
200 feet from the construction site, and may be shared by more than
one construction site.
C.
Disposal. Construction solid waste materials may be
utilized for fill at non-landfill locations, provided that the person
disposing of the material has the written consent of the property
owner where the fill is being placed and a fill (grading) permit from
the County. Any material used for fill must meet all state laws and
regulations governing disposal of solid waste. Construction and demolition
debris or other forms of solid waste produced by a commercial user
incidental to construction and demolition operations shall not be
disposed of at convenience stations.
D.
Responsibility. It shall be the duty of any person
holding a building permit to provide acceptable containers and to
have all solid waste placed therein, and to have such containers emptied
often enough to prevent their overflow. It shall further be the duty
of the person holding a building permit and the property owner either
to remove or cause to be removed all construction solid waste from
the site to a disposal facility or to contract for the services of
a private sanitation company to transport such waste to a disposal
facility or approved fill site.
A.
Abatement. In addition to any other penalty or remedy,
including injunctive relief, if a property owner fails to abate a
violation of this article within 30 days of receiving written notice
of such violation, the County may elect to incur the cost of abatement
and establish a lien against the property in the amount of the cost
of abatement of the violation. The procedures for assessing and collecting
said charges shall be consistent with state law, including but not
limited to NMSA § 3-48-4 et seq.
B.
Violations subject to prosecution. In addition to any other penalty or remedy, including injunctive relief, any person who violates any provision of this article shall be subject to prosecution consistent with state and local law, as set forth in Chapter 1, General Provisions, Article III, General Penalty, except that:
[Amended 9-27-2011 by Ord. No. 235-2011]
(1)
A fine of up to $1,000 may be assessed against any
person who discards or disposes of refuse, litter or garbage on public
or private property in any manner other than by disposing of it in
an authorized landfill or other disposal facility; and
(2)
A fine of up to $5,000 may be assessed against any
person for the improper or illegal disposal of hazardous materials
or waste in any manner other than as provided for in the Hazardous
Waste Act, NMSA § 74-4-1 et seq.
C.
Enforcement authority and procedures. This article
shall be enforced by the Doña Ana County Sheriff's Department
and/or the Doña Ana County Environmental Codes Enforcement
unit or other authorized County personnel. In enforcing this article,
the County's personnel shall observe all of the legal rights granted
its citizens under federal or New Mexico law, including citizens'
constitutional rights against unreasonable searches and seizures.
All such searches and seizures shall be conducted in such a manner
as to protect the citizens' United States Constitution Fourth Amendment
rights. These protections include either an express, voluntary consent
or a warrant to enter upon private property to conduct a search or
seizure, absent a legally recognized exception. If a complaint of
a violation is received, or if evidence of a violation is apparent
upon inspection of the property from a public way or by viewing the
property from private property with the consent of the owner of the
private property, authorized personnel may enter the property for
the purpose of obtaining consent to further investigate the possible
violation, or to attempt to obtain acknowledgement from the owner
of the receipt of a citation for an apparent violation. If consent
cannot be obtained from the property owner, a warrant shall be obtained
from a court of competent jurisdiction prior to further inspection
of the property.
Under the supervision of the County Manager,
County staff is authorized to implement, manage, and enforce this
article as amended.
The County Utilities Department shall develop
a schedule of fees and methods of payment to be used at all County
disposal facilities. The fee schedule shall be approved and adopted
by resolution of the Board, after having given at least 20 days' notice
of the meeting and having published that notice once in a newspaper
of general circulation in the County at least 15 days prior to the
meeting. The schedule will be reviewed by the County Utilities Department
on no less than an annual basis.
[Adopted 9-24-2013 by Ord. No. 265-2013[1]]
[1]
Editor's Note: This ordinance also provided as follows: This article does not supersede the County's Solid Waste Ordinance (Chapter 287 of the Code of Doña Ana County) and should be considered in conjunction with that ordinance; however, this article does supersede certain provisions of that solid waste ordinance that provide for the disposal of solid waste generated within County limits. In the event of a conflict between this article and the County's Solid Waste Ordinance having to do with disposal of solid waste, this article shall be applicable and control.
A.
Short title. This article shall be known as and may be cited as the
"Doña Ana County Solid Waste Flow Control Ordinance" and shall
be referred to herein as "this article." It shall relate to the disposal
of acceptable solid waste within Doña Ana County, New Mexico;
prescribe rules and regulations therefor; and provide penalties for
violations thereof.
B.
Purpose. The purpose of this article is to protect the health, safety
and general well-being of the citizens of Doña Ana County,
enhance and maintain the quality of the environment, conserve natural
resources, deter illegal dumping, and prevent water and air pollution
by providing for a comprehensive, rational, and effective means of
regulating the disposal of solid waste in the unincorporated areas
of Doña Ana County. In addition, this article will assist in
providing the funding to construct needed solid waste collection and
disposal facilities and provide an integrated package of waste disposal
services to the public and to sustain the economic viability of present
and future publicly owned solid waste facilities.
As used in this article, the following terms shall have the
meanings indicated:
Ordinary household, municipal, institutional, commercial,
and industrial solid waste, including, without limitation, the following:
MUNICIPAL SOLID WASTEHousehold solid waste, commercial solid waste, and industrial solid waste.
HOUSEHOLD SOLID WASTEAny solid waste, including garbage and trash, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas.
COMMERCIAL SOLID WASTEAll types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding household and industrial solid wastes.
INDUSTRIAL SOLID WASTESolid waste generated by manufacturing or industrial processes that is not hazardous waste regulated under Subtitle C of RCRA. Such waste may include, but is not limited to, waste resulting from the following processes: electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals, plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment, and water treatment. This term does not include mining waste or commercial solid waste.
The Board of County Commissioners of Doña Ana County.
A facility managed for the collection and accumulation of
solid waste with an operational rate of less than 240 cubic yards
per day monthly average and that serves the general public.
Any person transporting solid waste for hire by whatever
means for the purpose of transferring, processing, storing or disposing
of the solid waste in a solid waste facility, except that the term
does not include an individual transporting solid waste generated
on his residential or business premises for the purpose of disposing
of it in a solid waste facility.
Solid waste consisting of one or more of the following materials
resulting from construction, remodeling, repair, and demolition of
structures:
Doña Ana County.
The area within the geographical borders of Doña Ana
County but excluding the areas within the geographical borders of
the incorporated cities, towns and villages located within the County.
Causing, allowing, or maintaining the abandonment, discharge,
deposit, placement, injection, dumping, burning, spilling, or leaking
of any solid waste into or on any land or water.
A hazardous waste as defined in 40 CFR 261.3 and NMSA 1978,
§ 74-4-3K and substances subject to regulation under 15
U.S.C. § 2601 et seq. See also the definition of "unacceptable
waste" below.
A solid waste facility owned by or leased by Doña
Ana County or by the South Central Solid Waste Authority or a private
solid waste facility receiving acceptable solid waste under a contract
with the County.
Any natural person, corporation, limited liability company,
partnership, sole proprietorship, professional association, governmental
entity or other legal entity.
The Federal Resource Conservation and Recovery Act of 1976,
42 U.S.C. § 6901 et seq., as amended.
Any public or private system, facility, location, improvements
on the land, structure or other appurtenances or methods used for
processing, transformation, or disposal of acceptable solid waste,
including landfill disposal facilities, transfer stations, collection
centers, resource recovery facilities, incinerators and other similar
facilities not specified. Solid waste facility does not include:
Equipment or processing methods approved by order of the New
Mexico Environment Department Cabinet Secretary to render infectious
waste generated on site noninfectious;
A facility that is permitted pursuant to the provisions of the
Hazardous Waste Act, NMSA 1978, §§ 74-4-1 through 74-4-14,
as amended;
A facility fueled by a densified-refuse-derived fuel as long
as that facility accepts no other acceptable waste;
A recycling facility that accepts only source separated recyclable
materials;
That portion of a facility that refurbishes or re-sells used
clothing, furniture or appliances for reuse;
Commercial scrap metal or auto salvage operations;
A composting facility that accepts only source separated compostable
materials;
Manufacturing facilities that use recyclable material in production
of a new product;
Facilities designed and operated to dispose of sewage sludge
on land, such as land application or land injection;
Land farming of petroleum contaminated soils unless within a
landfill where "land farming" is the remediation of petroleum contaminated
soils on the land surface;
Any facility or location where clean fill material is accepted,
stockpiled or used, if the facility or location would not otherwise
be classified as a solid waste facility;
A facility that uses tire-derived fuel for the purpose of extracting
its stored energy; or
Air curtain incinerators.
Any transfer station or collection center owned by or leased
by Doña Ana County or by South Central Solid Waste Authority
and any additional transfer stations officially identified as such
within Doña Ana County by action of the Board of County Commissioners
of Doña Ana County.
Solid waste which is not acceptable waste and includes, but
is not limited to, sewage and its derivatives, products containing
asbestos, junk vehicles, special nuclear or by-product materials within
the meaning of the Atomic Energy Act of 1954 (42 U.S.C.A. § 2014),
as amended, and hazardous waste, including hazardous chemicals. See
also the definition of "hazardous waste" above.
A.
In addition to the requirements set forth herein, the Board may establish
by resolution under the authority of this article additional rules
and regulations governing the availability and use of the designated
municipal solid waste disposal facility(ies).
B.
The operation of the designated municipal solid waste disposal facilities
shall conform to pertinent regulations or directives of all local,
County, state or federal agencies which may have jurisdiction.
C.
This article shall be administered jointly by County management (and/or
its staff designees) and by the Director of the SCSWA.
A.
All acceptable waste generated within the County limits shall be
collected, transported and delivered to a municipal solid waste facility
for disposal, as designated herein below.
B.
The Board hereby designates the following solid waste facilities
as its municipal solid waste facilities disposal sites subject to
the terms, conditions and requirements of this article:
(1)
South Central Solid Waste Authority waste facilities, to wit: transfer
stations, collection centers, Corralitos Regional Landfill.
(2)
The eight County collection centers located at:
(a)
Mesquite collection center, 725 CR B-059.
(b)
La Mesa collection center, 1310 West Afton Road.
(c)
Hill collection center, 9293 Del Rey Boulevard.
(d)
Butterfield collection center, 4925 Eason Lane.
(e)
Anthony collection center, 2120 East O'Hara Road.
(f)
Garfield collection center, 505 Nightwatchers Road.
(g)
La Union collection center, 2590 Visnaga Street.
(h)
Hatch collection center, 11 Cerrito Road.
(3)
Any additional solid waste facility site owned by or leased by the
County or the South Central Solid Waste Authority.
(4)
Any additional private or municipal solid waste facility site designated
by the County pursuant to a contract between the County and the solid
waste facility entity.
C.
From time to time, a majority of the Board may, by resolution, add
or remove solid waste facility designations.
D.
No person shall engage in the disposal or cause or contribute to
the disposal of acceptable solid waste at any places other than at
a County designated solid waste facility; provided, however, the owner
of any lot or any other person with the permission of that lot owner,
may dispose of inert substances such as earth, rocks, concrete, or
similar materials at such lot for fill purposes only, subject to state
and local land use regulations.
E.
Notwithstanding Subsections A through D, no provision of this article shall be deemed to forbid the disposal by any person of acceptable solid waste and/or construction and demolition debris generated within the County limits at duly licensed or permitted solid waste or disposal facilities located outside of the State of New Mexico.
A.
Non-County waste unaffected. While acceptable solid waste generated
within the County limits must be disposed of at a County designated
municipal solid waste facility, such waste from out-of-state, from
municipalities or from other counties within New Mexico may be, but
is not mandated to be, disposed of at a County designated site.
B.
Resource recovery. The County may require acceptable solid waste
to be separated into such categories as may be established by regulation
and disposed of only in such manner and at such sites and locations
as designated.
C.
Property rights. Any acceptable solid waste and/or construction and
demolition debris deposited at any designated municipal solid waste
facility shall become the property of the County. No one shall scavenge,
remove, or carry off any such waste or debris without prior approval
of the County.
A.
Violations defined.
(1)
In this article, "violation of this article" means any of the following:
(a)
Doing an act that is prohibited or made or declared unlawful;
an offense or a misdemeanor by ordinance or by resolution or regulations
authorized by this article; and/or
(b)
Failure to perform an act that is required to be performed by
this article or by resolution or regulations authorized by this article;
and/or
(c)
Failure to perform an act if the failure is prohibited or made
or declared unlawful, an offense or a misdemeanor by ordinance or
by resolution or regulations authorized by this article.
(2)
In this article, "violation of this article" does not include the
failure of a County officer or a County employee to perform an official
duty unless it is provided that failure to perform the duty is to
be punished as provided in this article.
