[History: Adopted by the Mayor and Council of the Village of Bosque Farms 5-19-2016. Amendments noted where applicable.]
The ordinances and certain resolutions of the Village of Bosque Farms, as codified by General Code, LLC, and consisting of Chapters 1 through 13, together with an Appendix, shall be known collectively as the "Code of the Village of Bosque Farms," hereafter termed the "Code." Wherever reference is made in any of the ordinances and resolutions contained in the Code of the Village of Bosque Farms to any other ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number or section number appearing in the Code as if such ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1980 Code and ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such 1980 Code, 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 Mayor and Council of the Village of Bosque Farms, and it is the intention of said governing body 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 Only such provisions of former ordinances and/or resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-1-3 below.
All ordinances of a general and permanent nature of the Village of Bosque Farms 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provisions of the Code and not contained herein or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.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 § 1-1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of the Village of Bosque Farms prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Village of Bosque Farms or any penalty, punishment or forfeiture which may result therefrom.
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 the Village of Bosque Farms.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Bosque Farms.
Any ordinance of the Village of Bosque Farms 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 the Village of Bosque Farms or any portion thereof.
Any ordinance of the Village of Bosque Farms appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Bosque Farms or other instruments or evidence of the Village of Bosque Farms' indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any ordinance relating to salaries and compensation.
Any ordinance amending the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for the Village of Bosque Farms employees.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Village of Bosque Farms.
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/Administrator of the Village of Bosque Farms 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/Administrator of the Village of Bosque Farms by impressing thereon the Seal of the Village of Bosque Farms, and such certified copy shall remain on file in the office of said Clerk/Administrator, 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 the Village of Bosque Farms" or any new ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the governing body of the Village of Bosque Farms 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 governing body of the Village of Bosque Farms deems desirable.
It shall be the duty of the Village of Bosque Farms Clerk/Administrator to keep up-to-date the certified copy of the Code of the Village of Bosque Farms required to be filed in the office of the Village of Bosque Farms Clerk/Administrator for use by the public.
Copies of the Code, or any chapter or portion of it, may be purchased from the Village of Bosque Farms Clerk/Administrator, or an authorized agent of the Clerk/Administrator, upon the payment of a fee to be set by resolution of the governing body of the Village of Bosque Farms. The Clerk/Administrator may also arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the Village of Bosque Farms Clerk/Administrator, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Bosque Farms or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Bosque Farms 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 $500 or imprisonment for a term of not more than 90 days, or both, in accordance with NMSA § 4-37-3.
In compiling and preparing the ordinances and resolutions for publication as the Code of the Village of Bosque Farms, 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 governing body of the Village of Bosque Farms that all such changes be adopted as part of the Code as if the ordinances and resolutions had been previously formally amended to read as such.
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.
The provisions of this ordinance are hereby made Section 1-1 of the Code of the Village of Bosque Farms, such ordinance to be entitled "Adoption of Code," and the sections of this ordinance shall be numbered §§ 1-1-1 through 1-1-15, inclusive.
This ordinance shall take effect 30 days from the date of recording by the Village of Bosque Farms Clerk/Administrator of a copy authenticated by the Clerk/Administrator's signature, following public hearing and adoption by the governing body of the Village of Bosque Farms.
Unless the governing body of the Village of Bosque Farms 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 Village of Bosque Farms Clerk/Administrator of a copy authenticated by the Clerk/Administrator's signature, following public hearing and adoption by the governing body of the Village of Bosque Farms.
Where the governing body of the Village of Bosque Farms declares that it is necessary that an ordinance take immediate effect, the ordinance shall take effect when it is recorded by the Village of Bosque Farms Clerk/Administrator as provided above (NMSA § 4-37-9).
The Village of Bosque Farms' ordinances are effective within the boundaries of the Village of Bosque Farms, including privately owned land or land owned by the United States. However, ordinances are not effective within the limits of any unincorporated 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.