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.
Board of county commissioners.
The governing body of the County of Santa Fe, New Mexico.
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.
Month.
A calendar month.
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.
Officer, office, employee, commission or department.
An officer, office, employee, commission or department of the county unless the context clearly requires otherwise.
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.
Preceding or following.
Next before or next after, respectively.
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
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)
(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
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.
(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)