[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms as Sec. 7-5 of the 1980 Code. Amendments noted where applicable.]
This Section 7-5 shall be known as the "Multi-Use Path Ordinance."
The multi-use path constructed on the outer perimeter of Bosque Farms Loop is hereby declared to be for the health, recreation, and welfare of the residents of the Village of Bosque Farms.
This Section 7-5 shall govern the use of the multi-use path.
As used in this Section 7-5, the following terms shall have the meanings indicated. "Shall" is mandatory; "may" is permissive.
- The Village of Bosque Farms Clerk/Administrator.
- FENCE LINE
- The beginning of the public or private property on the exterior of the multi-use path.
- MULTI-USE PATH
- The path constructed on the outer perimeter of Bosque Farms Loop.
The multi-use path may used for those activities which promote the health, welfare, or recreation of the residents of the Village of Bosque Farms. Such uses include, but are not limited to: walking, jogging, bicycle riding, roller skating and roller blading.
The multi-use path may be used for walking leashed pets. Owners of such pets shall immediately remove any animal waste excreted on or near the multi-use path.
Persons using the multi-use path shall utilize it in a reasonable manner, giving consideration to weather conditions, time of day, obstructions, and the condition of the path.
The multi-use path shall not be used for any form of motorized transportation, including, but not limited to: motor vehicles, motorcycles, and motor scooters.
This prohibition does not extend to physically disabled persons who utilize motorized transportation such as a motorized wheelchair as their primary means of transportation.
This prohibition does not extend to vehicles owned and operated by the United States Postal Service.
This prohibition does not extend to emergency vehicles as defined in NMSA 1978, § 66-1-4.1F.
This prohibition does not extend to service vehicles owned and then being operated by the Village of Bosque Farms.
No person shall knowingly obstruct the permissible use of the multi-use path.
Equines such as horses or donkeys are not permitted on the multi-use path except when traversing the multi-use path.
Vehicles owned and operated by a utility company such as the Public Service Company of New Mexico or Waste Management, Inc. are not permitted to obstruct the multi-use path without the express prior permission of the Village's Clerk/Administrator. Such permission must be acquired on each day such an obstruction occurs.
No person shall park a motor vehicle, trailer, mobile home, cart, wagon, or other conveyance between the edge of the multi-use path and the fence line.
The Village Clerk/Administrator shall, from time to time, make such rules and regulations as he or she deems necessary for the safe and efficient use of the multi-use path. Those rules and regulations, upon adoption by the Village Council, shall be incorporated into this Section 7-5 as if set forth herein.
Any person violating any provision of this Section 7-5, or any rule or regulation governing the use thereof adopted by the Village Council, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined a sum not to exceed $500 or imprisonment not to exceed 90 days.
In addition to such penalties, the Village Attorney shall have the authority to apply to the District Court for the purpose of obtaining an order restraining any person from violating any of the provisions of this Section 7-5, and to apply to the District Court for any costs incurred by the Village in initiating and prosecuting such an action.
If any section, subsection, paragraph, phrase or other portion of this Ordinance shall be declared invalid for any reason whatsoever by a court of competent jurisdiction, then such decision shall not effect the validity or enforceability of the remaining portions of this ordinance.