Otero County, NM General Provisions

The ordinances of Otero County, as codified by General Code, LLC, and consisting of Chapters 1 through 220, together with an Appendix, shall be known collectively as the "Code of Otero County," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the "Code of Otero County" to any other ordinance 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 had been specifically amended to so read.

§ 1-2 Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances 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 Otero 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.

§ 1-3 Repeal of inconsistent ordinances.

Except as provided in § 1-4, Legislation saved from repeal; matters not affected by repeal, below, all ordinances or parts ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-13; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of Otero County which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-4 Legislation saved from repeal; matters not affected by repeal.

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:

Any right or liability established, accrued or incurred under any legislative provision of Otero County 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 Otero County 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 Otero County.

Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by Otero County.

Any ordinance of Otero 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 Otero County or any portion thereof.

Any ordinance of Otero County appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of Otero County or other instruments or evidence of the County's 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 relating to or establishing a pension plan or pension fund for County employees.

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the County.

Any ordinance adopted subsequent to 5-9-2013.

§ 1-5 Severability.

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.

§ 1-6 Copy of Code on file.

A copy of the Code has been filed in the office of the Clerk of Otero 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 Otero 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.

§ 1-7 Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the ordinances known collectively as the "Code of Otero County" or any new ordinances, 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 contained herein, and such ordinances may be amended, deleted or changed from time to time as the Board of County Commissioners deems desirable.

§ 1-8 Code to be kept on file.

It shall be the duty of the County Clerk to keep on file the certified copy of the Code of Otero County required to be filed in the office of the County Clerk for use by the public.

§ 1-9 Sale of Code; supplementation.

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.

§ 1-10 Penalties for tampering with Code.

Any person who, without authorization from the County Clerk, changes or amends, by additions or deletions, any part or portion of the Code of Otero County or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of Otero 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 1978, § 4-37-3.

§ 1-11 Changes in previously adopted legislation; new provisions.

In compiling and preparing the ordinances for publication as the Code of Otero County, no changes in the meaning or intent of such ordinances 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.

In addition, the amendments and/or additions as set forth below 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)

In § 105-6, the definition of "guard dog" is amended to include the phrase "exclusively to guard livestock" after ". . .but excludes a dog used."

(2)

In § 140-12F(2)(b) the phrase "requirement contained in Section 13A" is deleted.

§ 1-12 Incorporation of provisions into Code.

The provisions of this ordinance are hereby made Article I of Chapter 1 of the Code of Otero County, such ordinance to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this ordinance shall be numbered §§ 1-1 to 1-15, inclusive.

§ 1-13 When effective.

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.

§ 1-14 Jurisdiction.

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.

§ 1-15 Conflicting provisions.

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.

§ 1-16 Code enforcement.

[Added 10-4-2018 by Ord. No. 18-04]

In every place in both this Code and in uncodified ordinances where the Code or the uncodified ordinances state they are to be enforced by the Otero County Sheriff’s Office, the term "Sheriff’s Office" shall be deemed to mean:

The Otero County Sheriff’s Office;

Code enforcement officers in the Office of Emergency Services;

The Director of the Office of Emergency Services;

The County Attorney; and

Such other persons as may be designated, in writing, by the Board of County Commissioners or the County Manager.