The ordinances, chapters, articles, divisions, sections and
other provisions embraced in this Code of Ordinances shall constitute
and be designated as the Code of Ordinances of the Town of Taos, New
Mexico, and may be so cited. This code may also be cited as the Taos
Municipal Code or the municipal code.
(1981 Code, sec. 1-1)
In the interpretation and construction of this code and of all
ordinances of the town, the definitions and rules of construction
set out in this section shall be observed, unless they are inconsistent
with the manifest intent of the council or the context clearly requires
otherwise:
And, or.
“And” may be read “or” and “or”
may be read “and”, if the sense requires it.
Bond.
When a bond is required, an undertaking in writing shall
be sufficient.
Code.
Whenever the term “code” or “this code” is used, without further qualification, it shall mean the Code of Ordinances of the Town of Taos, New Mexico, as designated in section
1.04.010 of this chapter.
Computation of time.
Whenever a notice is required to be given or an act to be
done a certain length of time before any proceeding shall be had,
the day on which such notice is given or such act is done shall be
counted in computing the time, but the day on which such proceeding
is to be had shall not be counted.
Council.
The words “town council”, “the council”,
“board of trustees”, “councilmen”, “mayor
and council”, “governing body”, and “governing
board” shall be synonymous and shall mean the governing body
of the Town of Taos, New Mexico.
County.
The County of Taos, in the State of New Mexico.
Delegation of authority.
Whenever a provision appears in this code requiring or authorizing
the head of a department or other officer of the town to do some act
or perform some duty, it shall be construed to authorize such department
head or other officer to designate, delegate and authorize subordinates
to do the required act or perform the required duty unless the terms
of the provision specifically designate otherwise.
Gender.
A word importing the masculine gender only may extend and
be applied to females and to firms, partnerships and corporations,
as well as to males.
In the town or within the town.
Means and includes any territory within the corporate limits
of the Town of Taos, New Mexico, and the police jurisdiction thereof,
and any other territory over which regulatory power has been conferred
on the town by general or special act, except as otherwise specified.
Joint authority.
Words purporting to give authority to three (3) or more officers
or other persons shall be construed as giving such authority to a
majority of such officers or other persons, unless it is otherwise
expressly stated.
Misdemeanor, petty misdemeanor.
The term “misdemeanor” or “petty misdemeanor”
shall be construed to mean “violation of a town ordinance”,
and any violation of any provision of this code is a violation of
a town ordinance.
Number.
Words used in the singular shall include the plural and words
used in the plural shall include the singular.
Oath.
Means and includes 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” are equivalent
to the words “affirm” and “affirmed”.
Officers, boards, etc.
Whenever reference is made to a particular officer, department,
board, commission or other agency, such reference shall be construed
as if followed by the words “of the Town of Taos, New Mexico”.
Official time standard.
Whenever particular hours are referred to, the time applicable
shall be official standard time or daylight savings time, whichever
may be in current use in the town.
Or, and.
“Or” may be read “and” and “and”
may be read “or” in the context if the provision requires
it.
Owner.
When applied to a building or land, means and includes any
part owner, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety of the whole or of a part of
such building or land.
Person.
Means and includes, and applies to, a firm, partnership,
association, corporation, organization, club, society, group acting
as a unit, or body politic and corporate, as well as to an individual.
Personal property.
Means and includes money, goods, chattels, evidences of debt,
things in action, and any other species of property, except real property.
Property.
Means and includes real, personal and mixed property.
Public place.
Any public way, park, cemetery, schoolyard or open space
adjacent thereto; any public lake or stream; and any place or business
open to the use of the public in general, open to public view or to
which the public has access.
Public way.
Any street, alley, boulevard, parkway, highway, sidewalk
or other public thoroughfare.
Reasonable time.
In all cases where any section of this code or a town ordinance
shall require any act to be done in a reasonable time or reasonable
notice to be given, such reasonable time or notice shall be deemed
to mean such time only as may be necessary for the prompt performance
of such duty, or compliance with such notice.
Residence.
The place adopted by a person as his place of habitation,
and to which, whenever he is absent, he has the intention of returning.
When a person eats at one place and sleeps at another, the place where
such person sleeps shall be deemed his residence.
Roadway.
That portion of a street improved, designed or ordinarily
used for vehicular traffic.
Shall, may.
The word “shall” is mandatory, and the word “may”
is discretionary.
Sidewalk.
Any portion of a street between the curb lines, or the lateral
lines of a roadway where there is no curb, and the adjacent property
line intended for the use of pedestrians.
Signature or subscription.
Means and includes a mark when the person cannot write, when
his name is written near such mark and witnessed by a person who writes
his own name as witness.
State.
The words “the state” or “this state”
mean the State of New Mexico.
Street.
Means and includes public streets, avenues, boulevards, highways,
roads, alleys, lanes, viaducts, bridges, public ways and approaches
thereto and other public thoroughfares in the town devoted to public
use, and includes any thoroughfare that can accommodate pedestrian
or vehicular traffic, is open to the public and is under the control
of the town.
Swear, sworn.
The words “swear” and “sworn” shall
be equivalent to the words “affirm” and “affirmed”
in all cases in which by law, an affirmation may be substituted for
an oath.
Tenant, occupant.
Applied to a building or land, mean any person who occupies
the whole or a part of such building or land, whether alone or with
others.
Tense.
Words used in the past or present tense shall include the
future as well as the past or present.
Town.
The Town of Taos, in the County of Taos, in the State of
New Mexico.
Writing and written.
Means and includes typewriting, printing on paper and any
other mode of representing words and letters.
(1981 Code, sec. 1-2)
In addition to the rules of construction and definitions specified
in this chapter, the following rules shall be observed in the construction
of this code:
A. All
general references to, and citations of, chapters, articles or sections
mean the chapters, articles and sections of this code, unless otherwise
specified.
B. If the
provisions of different chapters of this code conflict with or contravene
each other, the provisions of each chapter shall prevail as to all
matters and questions pertaining to the subject matter of such chapter.
C. If conflicting
provisions are found in different sections of the same chapter, the
provision which imposes the greater restriction shall prevail, unless
such construction would be inconsistent with the meaning of such chapter.
(1981 Code, sec. 1-3)
All standard codes, rules, regulations, and other subject matter
herein or hereafter properly incorporated by reference, together with
subsequent amendments thereto, pursuant to state law, and future incorporations
by reference shall be kept and preserved in the office of the town
clerk.
(1981 Code, sec. 1-4)
The matter in parentheses at the end of sections is for information
only and is not a part of the code. Citations to ordinances indicate
only the source of such section and the text may or may not be changed
by this code. Reference matter not in parentheses is for information
only and is not a part of this code.
(1981 Code, sec. 1-5)
The catchlines of the sections of this code printed in boldface
type are intended as mere catchwords to indicate the contents of the
sections and shall not be deemed or taken to be titles of such sections,
nor as any part of any section, nor, unless expressly so provided,
shall they be so deemed when any section, including its catchline,
is amended or reenacted.
(1981 Code, sec. 1-6)
The police power of the town is extended to include all lands
or property owned or leased by the town or any agency of the town
and the general ordinances of the town shall be applicable on such
property.
(1981 Code, sec. 1-7)
It is unlawful for any person to change or amend, by additions
or deletions, any part or portion of this code, or to insert or delete
pages, or portions thereof, or to alter or tamper with such code in
any manner whatsoever which will cause the law of the town to be misrepresented
thereby; provided that, supplementation of this code by authorized
persons shall be permitted.
(1981 Code, sec. 1-9)
Ordinances of general applicability passed and approved by the
town council remain valid and subsisting law of the town unless specifically
repealed. This validity shall exist whether or not such ordinances
are codified.
(Ordinance 98-1, sec. 1, adopted 1998)
Nothing in this code or the ordinance adopting this code shall
affect any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or right established or accruing, or any
prosecution, suit or proceeding pending or any judgment rendered,
on or before the effective date of this code.
(1981 Code, sec. 1-14)
The repeal of an ordinance or any portion thereof shall not
revive any ordinance in force before or at the time the ordinance
repealed took effect. The repeal of any ordinance repealing another
ordinance shall not act as a reviver of the ordinance first repealed.
The repeal of any ordinance shall not affect any punishment or penalty
incurred before the repeal took effect, nor any suit, prosecution
or proceeding pending at the time of the repeal, for an offense committed
or cause of action arising under the ordinance repealed.
(1981 Code, sec. 1-15)
The provisions appearing in this code, so far as they are the
same as those of ordinances existing at the time of the adoption of
this code, shall be considered as continuations thereof and not as
new enactments.
(1981 Code, sec. 1-16)
It is the intent of the town council that each and every provision
of this code, including each and every part, chapter, article, division,
section, subsection, paragraph, sentence, clause and phrase, is independent
and severable of and from every other, unless the contrary is expressly
provided in this code, and, therefore, if any provision of this code
should ever be declared or held by any court of competent jurisdiction
to be unconstitutional, invalid, or of no force and effect, for any
reason, then such decision, ruling or holding shall apply only to,
and be limited to, such severable provision of this code upon which
such court has expressly ruled, and such decision, ruling or holding
shall not affect the validity of the remaining provisions of this
code.
(1981 Code, sec. 1-18)