[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.
The beginning of the public or private property on the exterior
of the multi-use path.
The path constructed on the outer perimeter of Bosque Farms
Loop.
A.
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.
B.
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.
C.
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.
A.
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.
(1)
This prohibition does not extend to physically disabled persons who
utilize motorized transportation such as a motorized wheelchair as
their primary means of transportation.
(2)
This prohibition does not extend to vehicles owned and operated by
the United States Postal Service.
(3)
This prohibition does not extend to emergency vehicles as defined
in NMSA 1978, § 66-1-4.1F.
(4)
This prohibition does not extend to service vehicles owned and then
being operated by the Village of Bosque Farms.
B.
No person shall knowingly obstruct the permissible use of the multi-use
path.
C.
Equines such as horses or donkeys are not permitted on the multi-use
path except when traversing the multi-use path.
D.
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.
E.
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.
A.
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.
B.
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.
