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.
Board of county commissioners.
The board of county commissioners for Santa Fe County.
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:
(1) 
Pojoaque Fields;
(2) 
Romero Park;
(3) 
Pojoaque Tennis Courts.
(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:
(a) 
Type of sport;
(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;
(b) 
Code of conduct; and
(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)