This 2013 codification of ordinances by and for the County of
Santa Fe, New Mexico, shall be designated as the “Santa Fe County
Code of Ordinances” and may be cited herein as “the code”
or “the code of ordinances.”
(Ordinance 2013-02, sec. 1, adopted 5/28/13)
Unless otherwise provided herein or by law or implication required,
the same rules of construction, definition and application shall govern
the interpretation of the code as those governing the interpretation
of state law.
(Ordinance 2013-02, sec. 2, adopted 5/28/13)
All provisions of title I, compatible with future legislation,
shall apply to ordinances hereafter adopted amending or supplementing
the code unless otherwise specifically provided.
(Ordinance 2013-02, sec. 3, adopted 5/28/13)
Headings and captions used in the code other than the title,
chapter, subchapter and section number are employed for reference
purposes only and shall not be deemed a part of the text of any section.
(Ordinance 2013-02, sec. 4, adopted 5/28/13)
(A)
(1) Words
and phrases shall be taken in their plain, ordinary and usual sense.
(2) However,
technical words and phrases having a peculiar and appropriate meaning
in law shall be understood according to their technical import.
(B) For
the purpose of the code, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
Appointed official.
Any person appointed to a board, commission or advisory body,
in accordance with the code of ordinances.
Code or code of ordinances.
The county’s code of ordinances, as modified by amendment,
revision and adoption of new chapters, subchapters or sections.
County.
Santa Fe County, New Mexico.
County manager.
The person appointed pursuant to NMSA 1978, section 4-38-19.
Where applicable, the term county manager also means those persons
whose authority has been granted in an acting capacity by the county
manager.
Elected official.
Those county officials elected under the laws of the state,
specifically, the county clerk, treasurer, assessor, sheriff, probate
judge, and the board of county commissioners.
Oath.
An affirmation in all cases in which, by law, an affirmation
may be substituted for an oath and, in such cases, the words swear
and sworn shall be equivalent to the words affirm and affirmed.
Person.
(1)
Extends to and includes a person, persons, firm, corporation,
copartnership, trustee, lessee or receiver.
(2)
Whenever used in any clause prescribing and imposing a penalty,
the terms person or whoever, as applied to any unincorporated entity,
shall mean the partners or members thereof, and as applied to corporations,
the officers or agents thereof.
State.
The State of New Mexico.
Written.
Any representation of words, letters or figures, whether
by printing or otherwise.
Year.
A calendar year unless otherwise expressed.
(Ordinance 2013-02, sec. 5, adopted 5/28/13)
The construction of all ordinances of the county shall be by
the following rules unless the construction is plainly repugnant to
the intent of the governing body or of the context of the same ordinance:
(1) Words
used in the present tense include the future;
(2) Words
in the future tense include the present;
(3) Words
in the plural include the singular;
(4) Words
in the singular include the plural;
(5) The
word “shall” is always mandatory and not merely directory;
the word “may” is permissive;
(6) The
impersonal pronouns “he,” “him” and “himself”
shall denote either the feminine or the masculine gender;
(7) “And”
or “or”.
Either conjunction shall include
the other as if written “and/or,” if the sense requires
it;
(8) Acts
by assistants.
When a statute or ordinance requires an
act to be done which, by law, an agent or deputy as well may do as
the principal, the requirement shall be satisfied by the performance
of the act by an authorized agent or deputy; and
(9) General
term.
A general term following specific enumeration of
terms is not to be limited to the class enumerated unless expressly
so limited.
(Ordinance 2013-02, sec. 6, adopted 5/28/13)
The provisions of the code of ordinances are severable, and
if any provision, subchapter, section, division, clause, sentence
or part thereof is held to be illegal, invalid, unconstitutional or
inapplicable to any person, persons, circumstances, situation or otherwise,
the illegality, invalidity, unconstitutionality or inapplicability
shall not affect or impair any of the remaining sentences, clauses,
divisions, sections, subchapter or parts of the code of ordinances,
or their applicability to other persons, circumstances or situations.
(Ordinance 2013-02, sec. 7, adopted 5/28/13)
Whenever, in one section, reference is made to another section
hereof, the reference shall extend and apply to the section referred
to as subsequently amended, revised, recodified or renumbered unless
the subject matter is changed or materially altered by the amendment
or revision.
(Ordinance 2013-02, sec. 8, adopted 5/28/13)
Reference to a public office or officer shall be deemed to apply
to any office, officer or employee of the county exercising the powers,
duties or functions contemplated in the provision, irrespective of
any transfer of functions or change in the official title of the functionary.
(Ordinance 2013-02, sec. 9, adopted 5/28/13)
(A) If a
manifest error is discovered, consisting of the misspelling of any
words; the omission of any word or words necessary to express the
intention of the provisions affected; the use of a word or words to
which no meaning can be attached; or the use of a word or words when
another word or words was clearly intended to express the intent,
the spelling shall be corrected and the word or words supplied, omitted
or substituted as will conform with the manifest intention, and the
provisions shall have the same effect as though the correct words
were contained in the text as originally published.
(B) No alteration
shall be made or permitted if any question exists regarding the nature
or extent of the error.
(Ordinance 2013-02, sec. 10, adopted 5/28/13)
The official time, as established by applicable state/federal
laws, shall be the official time within the county for the transaction
of all county business.
(Ordinance 2013-02, sec. 11, adopted 5/28/13)
(A) In all
cases where an ordinance requires an act to be done in a reasonable
time or requires reasonable notice to be given, reasonable time or
notice shall be deemed to mean the time which is necessary for a prompt
performance of the act or the giving of the notice.
(B)
(1) The
time within which an act is to be done shall be computed by excluding
the first day and including the last.
(2) If
the last day be a Saturday, Sunday or county holiday, it shall be
excluded.
(Ordinance 2013-02, sec. 12, adopted 5/28/13)
(A) The
code, from and after its effective date, shall contain all of the
provisions of a general nature pertaining to the subjects herein enumerated
and embraced.
(B) All
prior ordinances pertaining to the subjects treated by the code shall
be deemed repealed from and after the effective date of the code.
(Ordinance 2013-02, sec. 13, adopted 5/28/13)
All ordinances of a temporary or special nature and all other
ordinances pertaining to subjects not embraced in the code shall remain
in full force and effect unless herein repealed expressly or by necessary
implication.
(Ordinance 2013-02, sec. 14, adopted 5/28/13)
An ordinance shall not become effective until thirty (30) days
after it has been recorded with the county clerk unless passed and
approved as an emergency measure, in which event it shall become effective
immediately following publication or at a subsequent date determined
by the governing body.
(Ordinance 2013-02, sec. 15, adopted 5/28/13)
(A) Whenever
any ordinance or part of an ordinance shall be repealed or modified
by a subsequent ordinance, the ordinance or part of an ordinance thus
repealed or modified shall continue in force until the recording of
the ordinance repealing or modifying it when publication is required
to give effect thereto unless otherwise expressly provided.
(B) No suit,
proceeding, right, fine, forfeiture or penalty instituted, created,
given, secured or accrued under any ordinance previous to its repeal
shall, in any way, be affected, released or discharged, but may be
prosecuted, enjoyed and recovered as fully as if the ordinance had
continued in force unless it is otherwise expressly provided.
(C) When
any ordinance repealing a former ordinance, clause or provision shall
be itself repealed, the repeal shall not be construed to revive the
former ordinance, clause or provision unless it is expressly provided.
(Ordinance 2013-02, sec. 16, adopted 5/28/13)
(A) If the
governing body shall desire to amend any existing chapter, subchapter
or section of the code, the chapter, subchapter or section shall be
specifically repealed and a new chapter, subchapter or section, containing
the desired amendment, substituted in its place.
(B)
(1) Any
ordinance which is proposed to add to the existing code a new chapter,
subchapter or section shall indicate, with reference to the arrangement
of the code, the proper number of the chapter, subchapter or section.
(2) In
addition to the indication thereof as may appear in the text of the
proposed ordinance, a caption or title shall be shown in concise form
above the ordinance.
(Ordinance 2013-02, sec. 17, adopted 5/28/13)
(A) As histories
for the code sections, the original ordinance and the most recent
three amending ordinances, if any, are listed. Example:
(B)
(1) If
a statutory cite is included in the history, this indicates that the
text of the section reads substantially the same as the statute. Example:
Sec. 70.03. Stopping, standing or parking prohibited
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No person shall move a vehicle, not lawfully under his or her
control, into any prohibited area or away from a curb a distance as
is unlawful. (NMSA, section 66-7-351)
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(2) If
a statutory cite is set forth as a “State law reference”
following the text of the section, this indicates that the reader
should refer to that statute for further information. Example:
Sec. 70.02. Local authority; enforcement
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The county has the power to regulate the standing or parking
of vehicles with respect to street and highways under its jurisdiction
and within reasonable exercise of its police power.
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(Ordinance 93 adopted 1/20/80; Ordinance 98 adopted 1/20/90; Ordinance 99 adopted 1/20/00; Ordinance
2000-10 adopted 9/12/00; Ordinance 2013-02, sec. 18, adopted 5/28/13)
County ordinances may be enforced by prosecution for violations
of those ordinances in any court of competent jurisdiction of the
county. Penalties for violations of any county ordinances shall not
exceed a fine of $300.00 or imprisonment for 90 days or both the fine
and imprisonment; except that the county may enact and enforce ordinances
that impose the following penalties in addition to any other penalty
provided by law:
(1) No more
than $1,000.00 for discarding or disposing of refuse, litter or garbage
on public or private property in any manner other than by disposing
it in an authorized landfill;
(2) No more than $5,000.00 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 chapter 74, article
4); and
(3) No more
than imprisonment for 364 days or a fine of $1,000.00, or both, for
violation of an ordinance regarding driving while under the influence
of intoxicating liquor or drugs.
(Ordinance 2013-02, sec. 19, adopted 5/28/13)