This subchapter may be cited as the “Rules and Regulations
for County Parks, Trails and Open Space Areas” and may be cited
herein as “this subchapter.”
(Ordinance 2001-01 adopted 2/13/01)
NMSA, section 4-37-1 authorizes the board of county commissioners
to adopt rules and regulations pertaining to parks, trails and open
space areas. The purpose of this subchapter is to establish rules
and regulations for public use of county parks, trails and open space
areas in a manner that promotes public health, safety and welfare
and preserves property which the county owns, leases or otherwise
manages as parks, trails or open space areas.
(Ordinance 2001-01 adopted 2/13/01)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Administrator.
The land use administrator of the county land use department.
Commercial use.
Any for-profit sales or services, but does not include the
operation of vending machines authorized the board of county commissioners.
Cultural resources.
Any structures, places, sites or objects having historic,
archaeological, scientific, architectural or other cultural significance.
Itinerant vendor.
Any person with no established business location within the
county who brings onto any county park, trail, or open space area
for the purpose of selling or offering for sale any food products,
stocks or samples of goods, wares, or merchandise.
Park.
As used in this subchapter, includes county sports fields.
Special use permit.
(1)
A permit issued by the board of county commissioners or land
use administrator to a person, business entity or organized group
to host or provide a certain event or activity within a county park,
trail or open space area.
(2)
The term of a special use permit shall be for the duration of
the approved event.
Vending machine.
Any coin-operated beverage, snack or service machine subject
to approval of the board of county commissioners.
(Ordinance 2001-01 adopted 2/13/01; Ordinance 2015-6, sec. 1, adopted 6/9/15)
(A) It shall
be unlawful for any unauthorized person to remove, destroy, mutilate,
collect or deface any natural or manmade object within any county
park, trail or open space area, including, but not limited to: trees,
down timber or branches, shrubbery, plants, flowers, rocks, fences,
signs, kiosks, bulletin boards, restrooms, tables, benches, cultural
resources and trash containers.
(B) It shall
be unlawful to place rock bolts, install gates, plant trees or any
other type of landscape material or establish or construct trails
or other facilities for public or private use without the prior written
consent of the administrator.
(C) Notwithstanding
the above, collection of edible roots, herbs or nuts for individual
consumption shall be allowed, provided it is done in accordance with
a duly authorized management plan.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
It shall be unlawful for any person to feed, hunt, pursue, trap,
molest, disturb or kill any wildlife at any time within any county
park, trail or open space area; except that any person may injure
or kill any wildlife that is threatening immediate harm to him, her
or others. The person who takes action under this provision shall
report this action to the county sheriff's department or county code
enforcement officers, who shall verify the necessity of the action.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
It shall be unlawful to carry or discharge into any county park,
trail or open space area firearms or projectile weapons or explosives
of any kind including, but not limited to fireworks, BB guns, pellet
guns, air guns, crossbows, longbows, slingshots or other device capable
of causing injury to persons or animals or damage or destruction to
property. Peace officers on official duty are excepted.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
(A) Any
dog or other domestic animal within a county park, trail or open space
area shall be restrained by a leash and under the control of a person
unless otherwise posted.
(B) Horses
shall be permitted only in designated areas and must be adequately
controlled at all times.
(C) It shall
be unlawful for any person to allow any dog or other domestic animal
under his control to disturb, molest, harass, or chase humans, other
domestic animals, or livestock in a county park, trail, or open space
area.
(Ordinance 2001-01 adopted 2/13/01; Ordinance 2015-6, sec. 2, adopted 6/9/15)
Camping is not permitted, except in designated areas.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
(A) Special
use permits are required for any commercial, recreational, athletic,
educational or public event with an anticipated attendance of 15 or
more persons.
(B) Grazing
use on properties shall be allowed based on an adopted management
plan and issuance of a special use permit.
(C) The
board of county commissioners or administrator may require indemnification
and proof of general liability insurance naming the county as an additional
insured before issuing a special use permit to any person or entity.
(D) Special
use permits may be obtained by making application to the county land
use department.
(Ordinance 2001-01 adopted 2/13/01)
(A)
(1) Ground
fires are unlawful.
(2) Fires
may be built only in designated picnic areas and then only in grills
and fireplaces or in personal grills and stoves. All fires must be
attended at all times and properly extinguished.
(3) Exceptions
to the ground fire prohibitions may be allowed only with a special
use permit.
(B) Fires
may be prohibited entirely by order of the board of county commissioners,
the county sheriff or county fire marshal by the posting of special
notices or other means of public notification. It shall be unlawful
to build any fire or use any stove or other device having an open
flame whenever the board of county commissioners has issued an order
prohibiting the same.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
(A)
(1) No person may operate a motor vehicle, including a car, truck, motorcycle, mini-bike, all terrain or other recreational vehicle within any county park, trail or open space area unless the area is specifically designated and posted to permit the operation of the vehicle. County and emergency vehicles on official business are excepted. For exceptions related to disabled access refer to subsection
(3) below.
(2) Bicycle
use within any park, trail or open space area shall be allowed only
on designated roads or trails and only when those areas are not posted
to prohibit the use.
(3) Persons
with disabilities may use single-rider, motorized vehicles adapted
for use by them.
(4) The
administrator may impose use restrictions on specific parks, trails
or open space areas when the restrictions are necessary for resource
protection or personal safety. The restrictions shall be posted at
the trailheads and it shall be unlawful for any person to violate
the posted restrictions.
(B) Vehicles
shall be parked only in designated parking areas and in designated
camping areas and may not be left unattended or occupied in a county
park, trail or open space area at any time from one half-hour after
sunset to sunrise, except as specifically authorized in designated
camping areas. It shall be unlawful to park any vehicle in a manner
as to block access, restrict traffic or inhibit free movement of other
vehicles or persons. Vehicles so parked may be towed at the owner's
expense. Exceptions to this provision may be granted under a special
use permit.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
The posting of advertisements or the placement of brochures
by private parties on county parks, trails or open space area facilities
and on vehicles within designated parking areas is prohibited.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
It shall be unlawful to dispose of trash, garbage, rubbish,
litter or debris within any county parks, trails or open space areas,
except that which is generated by legal activities conducted within
the parks, trails or open space areas. Trash and debris legally generated
within any county parks, trails or open space areas must be removed
or deposited in designated trash receptacles.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
It shall be unlawful to sell, consume, possess or serve alcoholic
beverages, as defined by state statute, within any county parks, trails
or open space areas.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
All research projects to be conducted within any county park,
trail or open space area must be reviewed and prior written authorization
granted by the administrator. All research projects shall comply with
this subchapter.
(Ordinance 2001-01 adopted 2/13/01)
It shall be unlawful for any person, acting individually or
on behalf of a business or organization, to use any county park, trail
or open space area for any commercial purpose without first obtaining
a special use permit.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
(A) It shall
be unlawful for any person to engage in any activity within a county
park, trail or open space area which interferes with the health, safety
and welfare of the users or which creates a nuisance or hazard to
the use and/or safety of persons using or neighboring the area.
(B) Disorderly
conduct (including amplified sound) shall be prohibited, except that
amplified sound may be allowed through the issuance of a special use
permit.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
(A) It shall
be unlawful for any trail user passing another trail user to fail
to yield in the manner defined herein or as otherwise posted at trailheads.
(B) The
appropriate order for yielding the right-of-way is as follows: all
users yield to equestrians and bicycles yield to pedestrians.
(C) Yielding
the right-of-way requires slowing down to a safe speed, being prepared
to stop, establishing communication and passing safely.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
(A)
(1) Open
space lands being managed for agricultural and other purposes and
posted as such are closed to the public unless trails and other related
facilities are otherwise designated by the board of county commissioners.
(2) It
shall be unlawful for any unauthorized person to enter the closed
areas.
(B) The
land use department may from time to time determine that closures
of open space areas to the public and/or to certain animals are necessary
or desirable to protect wildlife, vegetation or for public safety
concerns. The board of county commissioners may designate an area
as closed temporarily, indefinitely or permanently. It shall be unlawful
for any unauthorized person to enter areas that are closed. All closures,
whether temporary, indefinite or permanent, shall be posted.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
It shall be unlawful to violate any posted regulations or those
regulations set forth in an official county parks, trails or open
space brochure.
(Ordinance 2001-01 adopted 2/13/01 Penalty, see section 92.99)
The county sheriff's department and county code enforcement
officers shall enforce any and all of the regulations adopted for
county parks, trails and open space areas. To the extent that the
board of county commissioners may find it desirable to vest specific
enforcement authority in other county personnel or other governmental
agency, those individuals so vested shall also have the authority
and responsibility to enforce regulations adopted for county parks,
trails and open space areas.
(Ordinance 2001-01 adopted 2/13/01)
(A) Applicability.
This section shall apply to the following county sports fields:
(B) Requirements.
(1) For
a youth or adult league to utilize county sports fields for league
purposes, on an annual basis, beginning in January, in addition to
the special use permit, each league and school requires a league agreement
with the county that specifies the:
(b) Number of participants and age groups being served;
(c) Estimated number of days and hours needed for field use for the season;
(d) Mission and goals of the league or school;
(e) General yearly budget that includes a general statement of financial
condition of the league;
(f) If applicable, the number of scholarships distributed for sports
registration fees for the year before, and the estimated number of
scholarships for sports registration fees available for the current
year.
(2) Each
league and school shall include with the agreement, the following
documents:
(a) Statement that reflects the general financial standing of the league
or school that is applicable to the sports league from:
1. A certified public accountant; or
2. The national organization which the league or school belongs to;
or
3. The tax returns of the league or school;
(c) Bylaws or other document demonstrating how the league or school was
organized and operates.
(d) Proof of general liability insurance of at least $1,000,000 per occurrence
which covers activities as described, with the county named as an
additional insured. If the term of the league agreement is greater
than one (1) year, proof of general liability insurance shall be provided
annually to the county no later than each anniversary of the agreement.
(3) Each
youth league shall provide the parent(s) or guardian(s) of the participant
the following documents:
(a) Copy of the league or school's application to the county, with supporting
documents;
(b) Summary of the county's costs to maintain each sports field, which
shall be provided by the county to each league and school; and
(c) Copy of educational material provided by the county related to the
disposal of solid waste and recycling which outlines the league's
and school's responsibility to dispose of solid waste and promote
recycling.
(4) All
leagues and schools shall be responsible, on an as-used basis, for
clean-up of trash and litter directly related to their use of a sports
field. The clean-up shall include proper separation of recyclables
from trash.
(5) The
general liability insurance required under this section shall be maintained
at all times during league or school use of county sports fields.
The league or school shall promptly notify the county in writing upon
receipt of any notice of insurance cancellation. If the required insurance
policy is cancelled or terminated for any reason, the league or school
shall cease use of the premises from the date of cancellation or termination
until it provides the county proof of replacement insurance that meets
the requirements of this section.
(6) Upon
acceptance of the league agreement, the special use permit shall be
automatically granted.
(C) League
fees.
For use of the county sports fields identified in subsection
(A) above:
(1) Each
youth league and school shall be assessed a one hundred dollar ($100.00)
permit fee per season, per sport or recreation activity.
(2) Each
adult league shall be assessed the following fees, per season, and
such fees are inclusive of one end-of-season tournament:
(a) Twenty-five dollar ($25.00) fee per player, necessary to field a
team according to each individual league; and
(b) Twenty-five dollar ($25.00) fee for one (1) alternate player per
team.
(3) League
fees collected pursuant to this section shall be deposited into the
general fund.
(D) Tournament
fees.
The county shall assess a tournament fee of twenty-five dollars ($25.00) per team, per tournament, for the use of the county sports fields. This subsection does not apply to season adult league tournaments specified in subsection
(C) above.
(E) Noncompliance.
A league or school that does not comply with the requirements
of [this section] shall not be granted a permit to use county sports
fields or the league or school permit may be suspended.
(F) Priority
of use of county sports fields.
County sports fields
shall be prioritized for youth league and school use. Previous years'
use by any league or school does not grant priority for future use.
(G) Concessions.
Concessions at the sports fields shall be provided through the
league or school as specified in the league agreement.
(H) Illumination.
Use of field illumination will be subject to the terms of the
league agreement and to a fee set administratively reflective of prevailing
electricity rates.
(I) Hours
of operation.
Use of fields shall be limited to the hours
of 6:00 a.m. to 10:00 p.m.
(Ordinance 2015-6, sec. 3, adopted 6/9/15)
The practice by itinerant vendors of going onto county parks,
trails, or open space areas for the purpose of selling or soliciting
the sale of goods, wares, or merchandise is prohibited except as authorized
by the board of county commissioners. Each act of selling or soliciting
for sale shall constitute a public nuisance and a separate violation
of this section.
(Ordinance 2015-6, sec. 3, adopted 6/9/15)
Within any park, trail, or open space area it is unlawful to:
(1) Drive
or hit golf balls, except at places set apart for that purpose;
(2) Wear
any footgear on tennis courts except tennis shoes;
(3) Roller
skate, skateboard, or bring bicycles, mopeds, motorcycles, or animals
onto tennis courts.
(Ordinance 2015-6, sec. 3, adopted 6/9/15)