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Real Estate Agencies in Tularosa New Mexico

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     VILLAGE OF TULAROSA, NEW MEXICO

                         CODE OF ORDINANCES




                                2006 S-3 Supplement contains:
                 Local legislation current through Ord. 217, passed 12-20-05

                 AMERICAN LEGAL PUBLISHING CORPORATION

                432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
                                                      2

                                          ORDINANCE NO. 203

    AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE VILLAGE OF
    TULAROSA, NEW MEXICO, REVISING, AMENDING, RESTATING, CODIFYING
    AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE
    POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH
    CODE OF ORDINANCES.

     WHEREAS, the present general and permanent ordinances of the political subdivision are inadequately
arranged and classified and are insufficient in form and substance for the complete preservation of the public
peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

     WHEREAS, the Acts of the Legislature of the State of New Mexico empower and authorize the political
subdivision to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not
heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

     WHEREAS, the Governing Body of the Village of Tularosa has authorized a general compilation, revision
and recodification of the ordinances of the Village of a general and permanent nature and publication of such
ordinance in book form; and
     WHEREAS, it is necessary to provide for the usual daily operation of the Village and for the immediate
preservation of the public peace, health, safety and general welfare of the Village that this ordinance takes
effect at an early date.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF
TULAROSA, NEW MEXICO:

Section 1.    The general ordinances of the Political Subdivision presently codified as the"Municipal Code,
              Tularosa, New Mexico 1975" and as further revised, amended, restated, recodified, and
              compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of
              the Village of Tularosa" as published by the American Legal Publishing Corporation - 2002.

Section 2.    Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:




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    Chapter

                                  TITLE I: GENERAL PROVISIONS

                       10.       Rules of Construction; General Penalty


                                    TITLE III: ADMINISTRATION

                       30.       Village Government; Officials
                       31.       Judicial Administration; Police
                       32.       Personnel
                       33.       Civil Defense Organization
                       34.       Elections


                                       TITLE V: PUBLIC WORKS
           50.    Solid Waste
           51.    General Water and Sewer Provisions
           52.    Water
           53.    Industrial Waste


                       TITLE VII: TRAFFIC CODE

           70.    General Provisions


                  TITLE IX: GENERAL REGULATIONS

           90.    Health and Sanitation; Nuisances
           91.    Fair Housing
           92.    Littering
           93.    Abandoned Vehicles
           94.    Noise Regulations
           95.    Animals




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                            Adopting Ordinance                    3


                  TITLE XI: BUSINESS REGULATIONS

           110.   General Licensing and Registration Provisions
           111.   Commercial Solicitors
           112.   Pawnbrokers; Secondhand Dealers
           113.   Alcoholic Beverages


                   TITLE XIII: GENERAL OFFENSES

           130.   General Provisions
           131.   Offenses Against Property
           132.   Offenses Against Morals
           133.       Offenses Against or Pertaining to Minors
           134.       Offenses Against Public Administration
           135.       Offenses Against Animals
           136.       Offenses Against Persons
           137.       Weapons


                            TITLE XV: LAND USAGE

           150.       General Provisions
           151.       Building Regulations; Construction
           152.       Subdivisions
           153.       Signs
           154.       Zoning


                      TABLE OF SPECIAL ORDINANCES

   Table

           I.         Franchise Agreements
           II.        Annexations
           III.       Agreements




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                           PARALLEL REFERENCES

                  References to New Mexico Statutes Annotated 1978
                               References to 1975 Code
                               References to Ordinances


                                       INDEX
Section 3.   All prior ordinances and the "Municipal Code of Tularosa, New Mexico 1975" pertaining to the
             subjects treated in such Code of Ordinances shall be deemed repealed from and after the
             effective date of this ordinance except as they are included and reordained in whole or in part in
             such revised Code; provided, such repeal shall not affect any offense committed or penalty
             incurred or any right established prior to the effective date of this ordinance, nor shall such repeal
             affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching
             territory, establishing franchises, or granting special rights to certain persons, authorizing public
             improvements, authorizing the issuance of bonds or borrowing of money, authorizing the
             purchase or sale of real or personal property, granting or accepting easements, plat or
             dedication of land to public use, vacating or setting the boundaries of streets or other public
             places; nor shall such repeal affect any other ordinance of a temporary or special nature or
             pertaining to subjects not contained in or covered by the revised Code.

    PASSED AND ADOPTED by the Governing Body of the Village of Tularosa on this 15 th day of April,
2003.




                                                          Demetrio H. Montoya /s/
                                                          Mayor

ATTEST:

Margaret G. Gonzales /s/
Village Clerk




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                           CITY OFFICIALS

                               OF

                     TULAROSA, NEW MEXICO




           MAYOR                            Ray S. Cordova

           MAYOR PRO-TEM                    Thomas J. McKean

           TRUSTEE                          Patrick Garcia

           TRUSTEE                          Gloria R. Sainz

           TRUSTEE                          Margaret Trujillo




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                      CODE OF ORDINANCES
                       TABLE OF CONTENTS
       Chapter

                             TITLE I: GENERAL PROVISIONS

                 10. Rules of Construction; General Penalty


                              TITLE III: ADMINISTRATION

                 30.   Village Government; Officials
                 31.   Judicial Administration; Police
                 32.   Personnel
                 33.   Civil Defense Organization
                 34.   Elections
                 35.   Public Library


                                 TITLE V: PUBLIC WORKS

                 50.   Solid Waste
                 51.   General Water and Sewer Provisions
                 52.   Water
                 53.   Industrial Waste


                                TITLE VII: TRAFFIC CODE

                 70. General Provisions


                          TITLE IX: GENERAL REGULATIONS

                 90.   Health and Sanitation; Nuisances
                 91.   Fair Housing
                 92.   Littering
                 93.   Abandoned Vehicles
                 94.   Noise Regulations
                 95.   Animals




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                   TITLE XI: BUSINESS REGULATIONS

            110.    General Licensing and Registration Provisions
            111.    Commercial Solicitors
            112.    Pawnbrokers; Second-Hand Dealers
            113.    Alcoholic Beverages


                    TITLE XIII: GENERAL OFFENSES

            130.    General Provisions
            131.    Offenses Against Property
            132.    Offenses Against Morals
            133.    Offenses Against or Pertaining to Minors
            134.    Offenses Against Public Administration
            135.    Offenses Against Animals
            136.    Offenses Against Persons
            137.    Weapons


                          TITLE XV: LAND USAGE

            150.    General Provisions
            151.    Building Regulations; Construction
            152.    Subdivisions
            153.    Signs
            154.    Zoning


                    TABLE OF SPECIAL ORDINANCES

    Table

            I. Franchise Agreements
            II. Annexations
            III. Agreements


                               Table of Contents                    3


                         PARALLEL REFERENCES
    References to New Mexico Statutes Annotated 1978
                 References to 1975 Code
                 References to Ordinances


                        INDEX


4             Tularosa - Table of Contents




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         TITLE I: GENERAL PROVISIONS

    Chapter

              10. RULES OF CONSTRUCTION; GENERAL PENALTY
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             CHAPTER 10: RULES OF CONSTRUCTION; GENERAL PENALTY


Section

    10.01   Title of code
    10.02   Interpretation
    10.03   Application to future ordinances
    10.04   Captions
    10.05   Definitions
    10.06   Rules of interpretation
    10.07   Severability
    10.08   Reference to other sections
    10.09   Reference to offices
    10.10   Errors and omissions
    10.11   Official time
    10.12   Reasonable time
    10.13   Ordinances repealed
    10.14   Ordinances unaffected
    10.15   Effective date of ordinances
    10.16   Repeal or modification of ordinance
    10.17   Ordinances which amend or supplement code
    10.18   Section histories; statutory references
    10.19   Copies of code

    10.99   General penalty
§ 10.01 TITLE OF CODE.

     This 2002 codification of ordinances by and for the Village of Tularosa, New Mexico, shall be designated
as the “Tularosa Code of Ordinances,” and may be cited herein as “this code” or “this code of ordinances.”


§ 10.02 INTERPRETATION.

     Unless otherwise provided herein or by law or implication required, the same rules of construction,
definition and application shall govern the interpretation of this code as those governing the interpretation of
state law.

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§ 10.03 APPLICATION TO FUTURE ORDINANCES.

    All provisions of Title I, compatible with future legislation, shall apply to ordinances hereafter adopted
amending or supplementing this code unless otherwise specifically provided.


§ 10.04 CAPTIONS.

    Headings and captions used in this 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.


§ 10.05 DEFINITIONS.

    (A) Words and phrases shall be taken in their plain, ordinary and usual sense. 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 this code, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.

          APPOINTED OFFICIAL. Any person appointed in accordance with state law or any person
appointed to a board, commission or advisory body, in accordance with this code of ordinances.
APPOINTED OFFICIALS are not subject to the provisions of the village personnel ordinance and shall
serve at the pleasure of the Governing Body and the Mayor.
        CLASSIFIED EMPLOYEE. A person employed by the village who is entitled to grievance in
accordance with the personnel policies and work rules and who is not exempt under the Fair Labor Standards
Act.

       CODE or CODE OF ORDINANCES. The village's code of ordinances, as modified by
amendment, revision and adoption of new chapters, subchapters or sections.

         COUNTY. Otero County, New Mexico.

        ELECTED OFFICIAL. Those village officials elected under the laws of the state, specifically, the
Mayor, Trustees and the Municipal Judge.

          GOVERNING BODY. The Mayor and the Trustees are the Governing Body. The corporate
authority of the municipality is vested in this body.




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                                Rules of Construction; General Penalty                                   5


         INTERPRETATION. For the purpose of this code and ensuing chapters and appendices and
when not inconsistent with the context:

             (a) Words used in the present tense include the future;
              (b) Words in the future tense include the present;

              (c) Words in the plural include the singular;

              (d) Words in the singular include the plural;

              (e) The word SHALL is always mandatory and not merely directory; the word MAY is
permissive; and

             (f) The impersonal pronouns HE, HIM, and HIMSELF shall denote either the feminine or the
masculine gender.

          MAYOR. The elected officer of the village who exercises administrative control and supervision
over the village and hires or appoints directors of all village departments and other employees pursuant to state
law. Where applicable, the term MAYOR means those persons whose authority has been granted by the
MAYOR.

         MONTH. A calendar month.

      MUNICIPAL OFFICER. Any appointed employee. A MUNICIPAL OFFICER is limited to
a DEPARTMENT DIRECTOR.

          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 village unless the context clearly requires otherwise.

          PERSON. Extends to and includes, without limitation, person, persons, firm, corporation,
copartnership, trustee, lessee or receiver. 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.

         SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
6                           Tularosa - General Provisions


         STATE. The State of New Mexico.

         VILLAGE or MUNICIPALITY. The Village of Tularosa, New Mexico, a fully empowered
municipal corporation. VILLAGE, MUNICIPALITY or MUNICIPAL shall always refer to the village.
          WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.

        YEAR. A calendar year unless otherwise expressed.
(Am. Ord. 204, passed 5-20-2003)


§ 10.06 RULES OF INTERPRETATION.

     The construction of all ordinances of the village 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:

     (A) AND or OR. Either conjunction shall include the other as if written and/or, if the sense requires it.

     (B) 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.

     (C) General term. A general term following specific enumeration of terms is not to be limited to the
class enumerated unless expressly so limited.


§ 10.07 SEVERABILITY.

      The provisions of this 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 this code of ordinances, or their applicability to other persons, circumstances or situations.


§ 10.08 REFERENCE TO OTHER SECTIONS.

     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.

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                                   Rules of Construction; General Penalty                                             7


§ 10.09 REFERENCE TO OFFICES.

      Reference to a public office or officer shall be deemed to apply to any office, officer or employee of the
village 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.
§ 10.10 ERRORS AND OMISSIONS.

    (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.


§ 10.11 OFFICIAL TIME.

      The official time, as established by applicable state/federal laws, shall be the official time within the village
for the transaction of all village business.


§ 10.12 REASONABLE TIME.

     (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 village holiday, it shall be excluded.
8                                       Tularosa - General Provisions


§ 10.13 ORDINANCES REPEALED.

     This 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. All prior ordinances pertaining to the subjects treated by this
code shall be deemed repealed from and after the effective date of this code.


§ 10.14 ORDINANCES UNAFFECTED.

    All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not
embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary
implication.


§ 10.15 EFFECTIVE DATE OF ORDINANCES.

     An ordinance shall not become effective until five days after it has been published 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.


§ 10.16 REPEAL OR MODIFICATION OF ORDINANCE.

     (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 due
publication of the ordinance repealing or modifying it when publication is required to give effect thereto unless
otherwise expressly provided.

    (B) No suit, proceedings, 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.


§ 10.17 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.

     (A) If the Governing Body shall desire to amend any existing chapter, subchapter or section of this 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.
                                  Rules of Construction; General Penalty                                     9


     (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 this 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.


§ 10.18 SECTION HISTORIES; STATUTORY REFERENCES.

     (A) As histories for the code sections, the specific number of the old code section, original ordinance and
the most recent three amending ordinances, if any, are listed following the text of the code section. Example:
(`75 Code, § 4-1-1) (Ord. 93, passed 1-20-1980; Am. Ord. 98, passed 1-20-1990; Am. Ord. 99, passed
1-20-2000)

     (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: (NMSA § 3-8-9) (`75 Code, § 3-1-1) (Ord. 90, passed 1-
20-1980; Am. Ord. 92, passed 1-20-1990)

           (2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this
indicates that the reader should refer to that statute for further information. Example:

     § 39.01 MUNICIPAL ELECTION CODE.

           The Municipal Election Code, NMSA § 3-8-9, as amended and as supplemented from time to time, shall
     govern the conduct of all aspects of all municipal elections, except when the Municipal Election Code is silent on
     a matter, then the State Election Code, NMSA Ch. 1, shall govern, as appropriate; however, if any provision of
     either the Municipal Election Code or the State Election Code is inconsistent with the terms hereof, this chapter
     shall take precedence.
     (`75 Code, § 22-7-1) (Ord. 92, passed 1-20-1990)
     Statutory reference:
           Terms of the Municipal Election Code, see NMSA §§ 3 -8-1 et seq. and §§ 3-9-1 et seq.
           Terms of the State Election Code, see NMSA Ch. 1



§ 10.19 COPIES OF CODE.

     The Tularosa Code of Ordinances may be inspected at the Village Office at 705 St. Francis Drive,
Tularosa, New Mexico during normal business hours and a copy may be obtained from the Village Clerk upon
payment of a reasonable reproduction fee.

(Ord. 203, passed 4-15-2003)




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§ 10.99 GENERAL PENALTY.

     Except as to Chapter 32, any person who violates any provision of this code for which another penalty is
not specifically provided shall, upon conviction, be subject to a fine not exceeding $500 or by imprisonment
not exceeding 90 days or both unless a different specific penalty is provided. Each separate violation shall
constitute a separate offense and, upon conviction, each day of violation shall constitute a separate offense.
Statutory reference:
    Penalty for misdemeanor, see NMSA § 3-17-1




6




                               TITLE III: ADMINISTRATION

                        Chapter

                                  30. VILLAGE GOVERNMENT; OFFICIALS

                                  31. JUDICIAL ADMINISTRATION; POLICE

                                  32. PERSONNEL

                                  33. CIVIL DEFENSE ORGANIZATION

                                  34. ELECTIONS

                                  35. PUBLIC LIBRARY
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                      CHAPTER 30: VILLAGE GOVERNMENT; OFFICIALS


Section

    30.01     Duties of Mayor and Trustees



§ 30.01 DUTIES OF MAYOR AND TRUSTEES.

     The Mayor and the Trustees shall perform the duties and obligations prescribed by state law.
(`75 Code, § 1-1-2) (Am. Ord. 204, passed 5-20-2003; Am. Ord. 217, passed 12-20-2005)
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                     CHAPTER 31: JUDICIAL ADMINISTRATION; POLICE


Section

General Provisions

    31.01   Municipal Judge
    31.02   Temporary Municipal Judge
    31.03   Incarceration of convicted
    31.04   Suspension; probation; community service
    31.05   Corrections, judicial education and court automation fees

                                         Police Reserve Corps

    31.15   Creation
    31.16   Authority; Chief of Police; rules and regulations
    31.17   Qualifications for membership
    31.18   Training
    31.19   Rank or rating
    31.20   Identification cards; insignia; uniform
    31.21   Carrying firearms
    31.22   Powers and duties
    31.23   Assisting regular police officers
    31.24   Workman’s compensation benefits; indemnity insurance
    31.25   Termination of membership
    31.26   Impersonating member prohibited
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                                         GENERAL PROVISIONS


§ 31.01 MUNICIPAL JUDGE.

     (A) The Municipal Judge of the village shall receive a salary as set by the Council.
(`75 Code, § 2-1-1)

     (B) The monthly salary herein established for the Municipal Judge shall not be deemed to increase or
decrease the current salary of the duly elected Municipal Judge in office at the time this section is adopted and
during the term he or she is then serving.
(`75 Code, § 2-1-2)


§ 31.02 TEMPORARY MUNICIPAL JUDGE.

     (A) In the event of the temporary incapacity or absence of the Municipal Judge, the duly elected and
qualified Municipal Judge or in his or her absence, the Governing Body may designate any registered voter of
the village to hear and determine cases arising under municipal ordinances in the Municipal Court in his or her
place and stead; provided, however, that the temporary Municipal Judge so appointed may be subject to the
approval of the Governing Body in the event the Governing Body shall desire to appoint and designate the
temporary Municipal Judge.
(`75 Code, § 2-2-1)

      (B) The temporary Municipal Judge so designated and appointed shall be paid the sum of $10 for each
day that he or she shall sit and serve as Municipal Judge, the sum to be paid out of the General Fund of the
village; provided, however, that, in the event the duly elected and qualified Municipal Judge shall be
incapacitated or absent from his or her duties as Municipal Judge for more than 30 days in any calendar year,
then and in such event, the compensation for the temporary Judge shall be deducted from the salary of the
Municipal Judge in a manner to be determined by the Governing Body.
(`75 Code, § 2-2-2)


§ 31.03 INCARCERATION OF CONVICTED.

     (A) Any person upon whom any fine or penalty is imposed upon conviction of the violation of any
ordinance of the village, may, upon order of the Municipal Judge convicting him or her, be committed to the
Otero County Jail or other place provided by the village for the incarceration of offenders until the fine or
penalty is fully paid.

      (B) Every defendant so committed shall work for the village, at the direction of the Municipal Judge, at
the labor as his or her strength will permit, within or without the prison or other place provided for the
incarceration, not exceeding ten hours each working day.
                                         Judicial Administration; Police                                       7


      (C) All persons, except indigents, shall pay any fines imposed by the Municipal Court. Persons able to
pay the fines who choose not to pay them shall be imprisoned. Persons unable to pay the fines and who so
testify under oath or so swear by affidavit shall be allowed to pay the fines over a reasonable period of time or
perform appropriate community service as directed by the Municipal Judge. Persons not complying with the
Judge's order concerning installment payments of fines or performance of assigned civic duties may be
imprisoned if found to be in contempt of court.

     (D) Each convicted defendant shall receive a credit of $5 per day in reduction of any fine so imposed for
each day served by him or her in a civic service or in the County Jail.
(`75 Code, § 2-3-2)


§ 31.04 SUSPENSION; PROBATION; COMMUNITY SERVICE.

     (A) Upon a plea of guilty or a judgment of conviction for violation of a municipal ordinance, the Municipal
Court may suspend, in whole or in part, the execution of sentence or place the defendant on probation for a
period not exceeding one year on terms and conditions the Court deems best or both.

   (B) Suspension of execution of the sentence or probation, or both, shall be granted only when the
Municipal Judge is satisfied it will serve the ends of justice and of the public.

    (C) The defendant's liability for any fine or other punishment imposed shall be fully discharged upon
successful completion of the terms of probation.

      (D) (1) The Municipal Court may, as a condition of probation, require the defendant to serve a period
of time in volunteer labor to be known as community service.

          (2) The type of labor and period of service shall be at the sole discretion of the Court; provided
that, any person receiving community service shall be immune from any civil liability other than gross negligence
arising out of the community service and any person who performs community service, pursuant to Court order
or any criminal diversion program, shall not be entitled to any wages, shall not be considered an employee for
any purpose and shall not be entitled to worker's compensation, unemployment benefits or any other benefits
otherwise provided by law.

          (3) For the purpose of this section, the following definition shall apply unless the context clearly
indicates or requires a different meaning.

              COMMUNITY SERVICE. Any labor that benefits the public at large or any public, charitable
or educational entity or institution.
(`75 Code, § 2-3-3) (Am. Ord. 125, passed 10-6-1987)
8                                     Tularosa - Administration


§ 31.05 CORRECTIONS, JUDICIAL EDUCATION AND COURT AUTOMATION FEES.

      (A) Any person convicted of violating any ordinance relating to the operation of a motor vehicle or any
ordinance that may be enforced by imposition of a term of imprisonment shall pay to the Municipal Judge who
shall collect the following fees as Court costs:

          (1) A corrections fee of $10;

          (2) A judicial education fee of $1; and

          (3) A court automation fee of $6 beginning 7-1-1998.

      (B) All money collected pursuant to division (A)(1) above shall be deposited in a special fund in the
Municipal Treasury and shall be used for municipal jailer or juvenile detention officer training, for the
construction planning, construction, operation and maintenance of a municipal jail or housing juveniles in a
detention facility or for complying with a match or contribution requirements for the receipt of federal funds
relating to jails or juvenile detention facilities.

    (C) All money collected pursuant to division (A)(2) above shall be remitted monthly to the State
Treasurer for credit to the Judicial Education Fund and shall be used for the education and training, including
production of bench books and other written materials, of municipal judges and other employees.

     (D) All money collected pursuant to division (A)(3) above shall be remitted monthly to the State
Treasurer for credit to the Municipal Court Automation Fund and shall be used for the purchase and
maintenance of Court automation systems in the Municipal Court.
(`75 Code, § 2-3-4) (Am. Ord. 181, passed 5-19-1998)



POLICE RESERVE CORPS


§ 31.15 CREATION.

     There is hereby created a Village Police Reserve Corps, hereinafter called Corps, which shall be a
voluntary organization composed of volunteer members to serve without compensation, appointed by the
Mayor and confirmed by the Governing Body upon recommendation of the Chief of Police, pursuant to the
provisions of this subchapter.
(`75 Code, § 1-2-1)
                                       Judicial Administration; Police                                  9
§ 31.16 AUTHORITY; CHIEF OF POLICE; RULES AND REGULATIONS.

     (A) The Chief of Police shall have full authority and control over members of the Corps, subject,
however, to the discretion and direction of the Village Governing Body and in accordance with ordinances of
the village and laws of the state; provided that, members of the Corps, upon recommendation of the Chief of
Police, shall be appointed by the Mayor and confirmed by the Governing Body upon majority vote of all the
members.

     (B) The Chief of Police shall, from time to time, promulgate and establish in writing appropriate rules and
regulations to govern and control the corps, including, but not limited to the enumeration of specific duties
which may be assigned for the performance of its members and providing for the preservation of discipline and
the maintaining of good order and esprit de corps.
(`75 Code, § 1-2-2)


§ 31.17 QUALIFICATIONS FOR MEMBERSHIP.

    (A) No person shall be recommended for appointment as a member of the Corps unless he or she shall
have then attained the age of 18 years, shall be a citizen of the United States and a bona fide resident of the
county. He or she shall be of good moral character, and further, shall satisfy all requirements as shall be
prescribed from time to time by the Chief of Police.

     (B) In addition to the foregoing requirements, each applicant for membership shall be fingerprinted and
cleared for appointment through the Federal Bureau of Investigation, evidencing the absence of police record
and free of arrest for any violation of law other than minor traffic violations and petty misdemeanors not
involving moral turpitude. The applicant shall agree to successfully complete a prescribed course of training in
police subjects, conduct, ethics and procedures together with other and further requirements as shall be
promulgated from time to time by the Chief of Police. When all of the requirements have been satisfied, the
Chief of Police may recommend the applicant for appointment to the Corps in the manner above stated, and if
accepted for membership by appointment, the applicant shall be sworn into office by the Mayor or his or her
authorized representative by administering the oath of office for village officials, as provided by law.
(`75 Code, § 1-2-3) (Am. Ord. 112, passed 2-7-1984)


§ 31.18 TRAINING.

      (A) The Chief of Police shall be held responsible and shall make adequate provision for the proper
training of members of the Corps in all phases of police activity and conduct.

   (B) For this purpose, he or she may assign any one or more of the various police duties to Corps
members, and may designate a regularly employed police officer to direct and supervise the Corps
10                                     Tularosa - Administration


activities, including the assignment by name of a regularly employed police officer who shall be responsible for
the instruction, guidance and conduct of a particular member of the Corps in the performance of assigned duty,
in the event the assignment of a regular police officer shall be fitting and proper.
(`75 Code, § 1-2-4)


§ 31.19 RANK OR RATING.

     No rating or rank shall be awarded to any member of the Corps, and the Corps members shall be and
remain subject to the direct and lawful order and authority of any regularly employed member of the Village
Police Force; provided, however, that the Chief of Police, or in his or her absence a regularly employed
member of the village police to whom a Corps member is assigned, can delegate specific authority to any
member of the Corps to act in the absence of the Chief of Police or regular village police officer.
(`75 Code, § 1-2-5)


§ 31.20 IDENTIFICATION CARDS; INSIGNIA; UNIFORM.

     (A) Upon being sworn in as a duly appointed member of the Corps, an auxiliary police or reserve
commission card, civil defense identification card, badge, cap device and other insignia or evidence of
identification, as the Chief of Police may prescribe, shall be issued to each member of the Corps, together with
a copy of the rules and regulations governing the conduct, duties and obligations of Corps members. The
commission card shall be carried on his or her person by the Corps member, at all times, when assigned to
police duty by the Chief of Police or his or her authorized representative; provided, however, that the
commission card shall be surrendered and turned in to the Village Police Department at the end of each
assigned tour of duty.

     (B) While on assigned duty, the uniform for members of the Corps shall be such as shall be prescribed by
the Chief of Police. No member of the Corps shall wear the prescribed uniform, badge or other insignia,
except while engaged in the performance of the duty or duties as shall have been assigned to him or her by the
Chief of Police.

     (C) Each member of the Corps shall pay to the village the cost of the reserve commission card or civil
defense identification card, as the Chief of Police may prescribe.
(`75 Code, § 1-2-6)
                                        Judicial Administration; Police                                     11


§ 31.21 CARRYING FIREARMS.

     No member of the Corps shall be authorized to carry any firearm unless and until he or she shall have
been first properly instructed and qualified in the use of firearms and permission to carry any firearm shall first
have been issued to him or her by the Chief of Police when he or she is called upon to perform an assigned
police duty, as herein provided, and unless, in the performance of which duty, he or she is directed by the
Chief of Police to carry the firearm while on duty.
(`75 Code, § 1-2-7)


§ 31.22 POWERS AND DUTIES.
      (A) When any member of the Corps has been assigned to any police duty by the Chief of Police or his or
her authorized representative and is in proper uniform with prescribed badges and insignia, he or she shall have
like powers and authority as are lawfully appurtenant to the office of a regularly employed village police officer
and as shall be necessary for the performance of and commensurate with his or her assigned duty or duties,
subject however, to the limitations and conditions, if any, as shall be imposed by the Chief of Police.

     (B) No member of the Corps shall be deemed to be on duty unless and until he or she has actually been
assigned the duty or duties and is in the actual performance of the assignment.
(`75 Code, § 1-2-8)


§ 31.23 ASSISTING REGULAR POLICE OFFICERS.

     Duly appointed members of the Corps, in the performance of the duty or duties as shall be assigned to
them under the supervision of regularly employed village police officers, shall assist regular officers in the
performance of routine police functions of law enforcement and preservation of the public peace and order in
accordance with the rules, regulations and orders as shall be promulgated from time to time by the Chief of
Police or the Governing Body of the village.
(`75 Code, § 1-2-9)


§ 31.24 WORKMEN'S COMPENSATION BENEFITS; INDEMNITY INSURANCE.

      (A) It is hereby declared to be a condition precedent to the appointment of any applicant as a Corps
member that the applicant first expressly agree that, if appointed, he or she shall not, in any way, be entitled to,
eligible for, nor shall he or she receive compensation in any form by way of worker's compensation benefits as
are accorded by law to regularly employed village employees for personal injury sustained within the scope of
their employment; provided, however, that it shall be the duty of
12                                          Tularosa - Administration


the Chief of Police, before permitting any duly appointed Corps member to perform any police duty
whatsoever for and on behalf of the village, to insure that the duly appointed Corps member is included in and
covered by adequate personal injury underwriter's coverage or the equivalent thereof as will indemnify the
village of, from and against any and all liability by virtue of claims for compensation, demands and chooses an
action, accrued or accruing, as shall in any way arise out of or incident to personal injury sustained by any
Corps member while engaged in the performance of his or her lawfully assigned police duty or duties for and
on behalf of the village.

     (B) Anything herein to the contrary notwithstanding, the authority of any Corps member to perform any
police duty for and on behalf of the village shall be subject to and coexistent with the indemnity insurance
coverages in being and in full force and effect.

     (C) The indemnity insurance coverage shall be purchased by each Corps member or otherwise acquired
by each Corps member without expense to the village.
(`75 Code, § 1-2-10)
§ 31.25 TERMINATION OF MEMBERSHIP.

     (A) Membership of any person in the Corps may be terminated at any time by the Chief of Police for any
reason, by notice in writing directed to the Corps member, and any Corps member may elect to resign at any
time on notice in writing thereof to the Chief of Police.

     (B) Upon termination of membership in the Corps, the member shall surrender and account for all village
property theretofore issued to him or her.
(`75 Code, § 1-2-11)


§ 31.26 IMPERSONATING MEMBER PROHIBITED.

     It shall be unlawful for any person not a bona fide member of the Corps to wear, carry or display a Corps
identification card, commission card, badge, cap piece, insignia or uniform or in any manner to represent
himself or herself to be a Corps member or affiliated or connected with the Corps.
(`75 Code, § 1-2-12) Penalty, see § 10.99
                                        CHAPTER 32: PERSONNEL


Section

General Provisions

    32.01     Purpose
    32.02     Conflicts
    32.03     Definitions
    32.04     Employee rights
    32.05     Management rights

                                      Employer/Employee Relations

    32.15     Appropriate bargaining units
    32.16     Elections
    32.17     Exclusive representation
    32.18     Decertification
    32.19     Scope of bargaining
    32.20     Negotiations; impasse resolution
    32.21     Prohibited practices; employers
    32.22     Prohibited practices; employees, labor organization or representative
    32.23     Strikes and lockouts
    32.24     Valid agreements
    32.25     Judicial enforcement; standard of review

                                   Labor Management Relations Board
    32.35 Creation and terms
    32.36 Powers and duties
    32.37 Hearing procedures
Cross-reference:
    Duties of mayor and trustees, see § 30.01
    Municipal judge, see § 31.01
    Police reserve corps, see §§ 31.15 through 31.26
    Temporary municipal judge, see § 31.02




                                                      13
14                                         Tularosa - Administration


                                          GENERAL PROVISIONS


§ 32.01 PURPOSE.

     The purpose of this chapter is:

     (A) To guarantee employees the right to organize and bargain collectively with their employers;

     (B) To promote harmonious and cooperative relationships between employers and employees;

     (C) To protect the rights of employers; and

    (D) To acknowledge the rights of the citizens to orderly and uninterrupted delivery of village services.
(Ord. 151, passed 3-16-1993)


§ 32.02 CONFLICTS.

      In the event of conflict with other village ordinances, the provisions hereof shall supersede any other
previously enacted ordinances with respect to labor relations. Village sanctioned rules and regulations,
administrative directives, departmental rules and regulations and work place practices shall control unless there
is a conflict with a collective bargaining agreement. Where a conflict exists, the collective bargaining agreement
shall control.
(Ord. 151, passed 3-16-1993)


§ 32.03 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

     APPROPRIATE BARGAINING UNIT. A group of employees designated by the Board for the
purpose of collective bargaining. Appropriate units shall be formed by occupational group, such as blue collar
(unskilled, semi-skilled and skilled), white collar (clerical, secretarial, administrative, technical and para-
professional), professional, corrections, fire and police.

    BOARD. The Tularosa Labor Management Relations Board.

     CERTIFICATION. The designation, by the Board, of labor organization as the exclusive
representative for all employees in an appropriate bargaining unit.
                                                   Personnel                                                   15


     COLLECTIVE BARGAINING. The act of negotiating between the employer and an exclusive
representative for the purpose of entering into a written agreement regarding wages, hours and conditions of
employment.

    CONFIDENTIAL EMPLOYEE. A person who assists and acts in a confidential capacity with
respect to a management employee.

    EMPLOYEE. A regular full-time non-probationary employee of the village.

    EMPLOYER. The Village of Tularosa, New Mexico.

    EXCLUSIVE REPRESENTATIVE. A labor organization that, as a result of certification by the
Board, represents all employees in an appropriate bargaining unit for the purposes of collective bargaining.

    GOVERNING BODY. The Board of Trustees of the Village of Tularosa.

     GRIEVANCE. A written complaint by a bargaining unit employee regarding an action taken by
management resulting in a disciplinary action that does not involve an application or interpretation of a
collective bargaining agreement in effect between the exclusive representative and the employer.

    IMPASSE. Failure of the employer and an exclusive representative, after good-faith bargaining to reach
agreement in the course of negotiating a collective bargaining agreement.

    LABOR ORGANIZATION. Any employee organization which represents employees in collective
bargaining.

      LOCKOUT. An act by the employer to prevent its employees from going to work for the purpose of
resisting demands of the employees’ exclusive representative or for the purpose of gaining a concession from
the exclusive representative.

     MANAGEMENT EMPLOYEE. An employee who is engaged primarily in executive and management
functions and is charged with the responsibility of developing, administering or officiating management policies.
     MEDIATION. Assistance by an impartial third party to resolve an impasse between an employer and
an exclusive representative regarding employment relations through interpretation, suggestion and advice.
16                                       Tularosa - Administration


      PROFESSIONAL EMPLOYEE. An employee whose work is predominantly intellectual and varied in
character and whose work involves the consistent exercise of discretion and judgment in its performance and
requires knowledge of an advanced nature in a field of learning customarily requiring specialized study at an
institution of higher education or its equivalent. The work of a PROFESSIONAL EMPLOYEE is of the
character that the output or result accomplished cannot be standardized in relation to a given period of time.

     STRIKE. An employee's refusal, in concerted action with other employees, to report for duty or his or
her willful absence in whole or in part from the full, faithful and proper performance of the duties of
employment. The definition of STRIKE includes, but is not limited to such actions as the blue flu, sick outs,
slow downs, traffic ticket writing campaigns, mass resignations and sympathy strikes.

     SUPERVISOR. An employee who devotes a substantial amount of work time in supervisory duties,
who customarily directs the work of two or more other employees and who has the authority in the interest of
the employer to effectively recommend the retention, promotion or discipline of other employees.
(Ord. 151, passed 3-16-1993)


§ 32.04 EMPLOYEE RIGHTS.

      Employees, other than management employees, supervisors and confidential employees, may form, join or
assist any labor organization for the purpose of collective bargaining through representatives chosen by
employees through representation elections without interference, restraint or coercion. The employees also
have the right to refuse to form, join or assist any labor organization. Employees may not be required to pay
fair-share contributions.
(Ord. 151, passed 3-16-1993)


§ 32.05 MANAGEMENT RIGHTS.

     Unless limited by the provisions of a collective bargaining agreement or other statutory provision, the
exclusive prerogatives, functions and rights of the employer shall include, but are not limited to the following:

     (A) To direct and supervise all operations, functions and the work of the employees;

     (B) To determine the place to report for work, to determine methods, processes and manner of
performing work;

     (C) To hire, lay off, promote, demote, assign, transfer, discipline, discharge or terminate employees;
                                                  Personnel                                                         17


     (D) To determine what and by whom services will be rendered to the citizens;
     (E) To determine staffing requirements, create and abolish positions or to eliminate or reorganize work
units;

     (F) To determine and revise schedules of work;

     (G) To establish, revise and implement standards for hiring and promoting employees;

     (H) To assign shifts, work days, hours of work and work locations;

     (I) To designate, assign and reassign all work duties;

     (J) To determine the need for and the qualifications of new employees and to determine the qualifications
for and qualifications of employees considered for transfer and promotion;

     (K) To take actions as necessary to carry out the mission of the employer in emergencies; and

    (L) To retain all rights not specifically limited by a collective bargaining agreement or this chapter.
(Ord. 151, passed 3-16-1993)



EMPLOYER/EMPLOYEE RELATIONS


§ 32.15 APPROPRIATE BARGAINING UNITS.

     (A) The Board shall, upon receipt of a valid petition for a representation election filed by a labor
organization, designate the appropriate bargaining units for collective bargaining. Occupational groups shall
generally be identified as blue collar, white collar, professional, para-professional, police, fire and corrections.
Bargaining units shall not be determined by craft or trade designations. The parties, by mutual agreement and
approval of the Board, may further consolidate occupational groups. Essential factors in determining
appropriate bargaining units shall include the principals of efficient administration of government and the history
of collective bargaining within the municipality, if any, and the assurance to the employees of their rights
guaranteed by § 32.04.

     (B) Within 30 days of the filing of a show of interest petition, the Board shall hold a hearing concerning
the composition of the bargaining unit.

    (C) The Board shall not include, in any appropriate bargaining unit, supervisors, managers or confidential
employees.
(Ord. 151, passed 3-16-1993)

18                                         Tularosa - Administration


§ 32.16 ELECTIONS.
     (A) Whenever, in accordance with regulations prescribed by the Board, a petition is filed by a labor
organization containing the valid signatures of at least 30% of the employees in an appropriate bargaining unit,
the Board shall conduct a secret ballot representation election.

     (B) (1) Once a labor organization has filed a valid petition with the Board calling for a representation
election, other labor organizations may seek to be placed on the ballot.

         (2) Any organization may file a petition with the Board containing the valid signatures of not less than
10% of the employees in the appropriate bargaining unit no later than ten days after the Board and the
employer post a written notice that the petition containing the signatures of not less than 30% of the employees
has been filed by a labor organization.

     (C) Every election shall include the option for no representation.

     (D) In the event of an election with two or more organizations on the ballot where neither of the choices
received a majority of the votes cast, then and in such an event, a run-off election shall be held within 30 days.
The choices on the run-off election shall consist of the employee organization which received the greatest
number of votes in the original election and the choice of “no representation.”

      (E) Where a majority of the votes cast are in favor of representation by a labor organization and at least
60% of the members in the bargaining unit have cast a vote, the Board shall certify the labor organization as the
exclusive representative for all employees in that appropriate bargaining unit. No labor organization shall be
certified as an exclusive representative unless at least 60% of the members of the bargaining unit vote in the
election or run-off election.

     (F) No election shall be conducted if an election or runoff election has been conducted in the 12-month
period immediately preceding the proposed representation election. No election shall be held during the term
of an existing collective bargaining agreement, except as provided in § 32.18.

     (G) Election disputes shall be resolved by the Board.

    (H) The cost of elections shall be borne equally by the parties.
(Ord. 151, passed 3-16-1993)


§ 32.17 EXCLUSIVE REPRESENTATION.

      (A) (1) A labor organization that has been certified by the Board as representing the employees in the
appropriate bargaining unit shall be the exclusive representative of all employees in the appropriate bargaining
unit.
                                                    Personnel                                                  19


          (2) The exclusive representative shall act for all employees in the appropriate bargaining unit and
negotiate a collective bargaining agreement covering all employees in the appropriate bargaining unit without
discrimination or regard to membership in the labor organization.
     (B) (1) The existence of an exclusive bargaining representative shall not prevent employees in or out of a
bargaining unit from taking their grievances or prohibited practices to their supervisor or management or filing
prohibited practices with the Board based upon discrimination by the exclusive representative or the employer.
The Board will adjudicate disagreements over contract interpretations only when the disagreement is between
the employer and the exclusive representative.

           (2) Any settlement of a grievance or relief given on a prohibited practice brought by an individual
shall not be inconsistent with or in violation of the collective bargaining agreement then in effect between the
employer and the exclusive representative or inconsistent with or in violation of good faith resolution made
between the employer and the exclusive representative in the day-to-day administration of the collective
bargaining agreement.
(Ord. 151, passed 3-16-1993)


§ 32.18 DECERTIFICATION.

     (A) Any member of a bargaining unit or a labor organization may initiate decertification of a labor
organization as the exclusive representative if 30% of the employees in the appropriate bargaining unit make a
written request to the Board for a decertification election. Decertification elections shall be held in a manner
prescribed by rules of the Board.

     (B) When there is a collective bargaining agreement in effect, a request for a decertification election shall
be made to the Board no earlier than 90 days and no later than 60 days before the expiration of the collective
bargaining agreement; provided, however, that a request for an election may be filed at any time after the
expiration of the third year of a collective bargaining agreement with a term of more than three years.

      (C) When, within the time period prescribed in division (B) above, a competing labor organization files a
petition containing signatures of at least 30% of the employees in the appropriate bargaining unit, a
representation election rather than a decertification election shall be conducted.

     (D) When an exclusive representative has been certified, but no collective bargaining agreement is in
effect, the Board shall not accept a request for a decertification election earlier than 12 months subsequent to a
labor organization's certification as the exclusive representative.
(Ord. 151, passed 3-16-1993)
20                                          Tularosa - Administration


§ 32.19 SCOPE OF BARGAINING.

     (A) Except for retirement programs provided under the Public Employees Retirement Act or other
municipal retirement plans, employers and exclusive representatives shall bargain in good faith on wages, hours
and other terms and conditions of employment. However, neither the employer, nor the exclusive
representative, shall be required to agree to a proposal or to make a concession. All collective bargaining
agreements between the parties shall be reduced to writing.

     (B) (1) The obligation to bargain collectively imposed hereby shall not be construed as authorizing
employers and exclusive representatives to enter into any agreement that is in conflict with the provisions of any
ordinance of the municipality, state statute or federal statute. The employer and the exclusive representative
may not negotiate agreements that would be in conflict with ordinances of the municipality, state statutes or
federal statutes.

         (2) In the event of conflict between the provisions of any statute of this state or federal government
and any agreement entered into by the employer and the exclusive representative in collective bargaining, the
former shall prevail.

     (C) Payroll deduction of the exclusive representative's membership dues is a negotiable item by either
party. The amount of dues, if the provision is agreed to by the parties, shall be certified in writing by an official
of the labor organization and shall not include special assessments, penalties or fines of any type levied by the
exclusive representative. During the time that a Board certification is in effect for a particular appropriate
bargaining unit, the employer shall not deduct dues for any other labor organization from members of the same
bargaining unit.

     (D) Any agreement provision by the employer and an exclusive representative that requires the
expenditure of funds shall be contingent upon the specific appropriation of funds by the Governing Body and
the availability of funds.

    (E) The parties have a requirement that grievance procedures culminating with binding arbitration be
negotiated. This applies only to grievances and does not apply to negotiations impasse.

     (F) The following meetings shall be closed, as defined by the Open Meetings Acts:

         (1) Meetings for the discussion of bargaining strategy for collective bargaining negotiations between
the employer and the exclusive representative;

          (2) Collective bargaining sessions; and

         (3) Consultations and impasse resolution procedures at which the employer and/or the exclusive
representative of the appropriate bargaining unit are present.
(Ord. 151, passed 3-16-1993)
                                                    Personnel                                           21


§ 32.20 NEGOTIATIONS; IMPASSE RESOLUTION.

     (A) The following negotiation procedures shall apply to the employer and exclusive representatives.

          (1) Negotiations shall be opened upon written notice by either party to the other requesting that
negotiating sessions be scheduled. The request shall be post marked no earlier than 120 days nor later than 60
days prior to the contract ending date. The parties may open negotiations at any time by mutual agreement.

         (2) Negotiating teams will consist of a maximum of five persons designated by the exclusive
representative and a maximum of five persons designated by the Mayor.
           (3) All negotiations will be conducted in closed sessions. Negotiations will be held at the facilities
and at a time mutually agreed upon by the negotiating teams. Negotiations will begin with the party that
requested the negotiations presenting their complete proposal and changes, section by section.

        (4) Following the complete presentation of both proposals, the parties will identify the economic and
non-economic issues. All non-economic issues must be resolved prior to negotiating economic issues.

          (5) Recesses and study sessions may be called by either team. Prior to these recesses or study
sessions, the reconvening time will be agreed upon. A caucus may be taken as needed.

          (6) Employees who are members of the exclusive representatives negotiating team will be released
from their normal duties without pay to participate in negotiations.

          (7) Tentative agreements reached during negotiations will be reduced to writing, dated and initialed
by each team spokesperson. The tentative agreements are conditional and may be withdrawn should later
discussion change either team's understanding of the language as it relates to another part of the agreement.

          (8) Agreement on contract negotiations is accomplished when the Union President and the Mayor
sign the agreement. Provisions in multi-year agreements providing for economic increases in subsequent years
shall be contingent upon the Governing Body appropriating the funds necessary to fund the increase for
subsequent years. Should the Governing Body not appropriate sufficient funds to fund the agreed upon
increase for a subsequent year, either party may reopen negotiations.

     (B) The following impasse procedure shall be followed by the employer and exclusive representatives.

          (1) If an impasse occurs, either party may request, from the Board, that a mediator be assigned to
the negotiations unless the parties can agree on a mediator. A mediator from the Federal Mediation and
Conciliation Service will be assigned by the Board to assist negotiations.
22                                         Tularosa - Administration


          (2) If the impasse continues after a 30-day mediation period, either party may request from the
Board that a fact-finder be assigned to the negotiations. A fact-finder will be selected by the parties from a list
of individuals requested from the Federal Mediation and Conciliation Service.

          (3) The fact-finder shall conduct hearings and submit written findings and recommendations to the
parties and the Board. The fact-finder shall select either the exclusive representative's total and complete last
best offer or he or she may select the employer's total and complete last best offer. The fact-finder may not
create his or her own settlement. If the parties have not reached agreement within 15 days after receipt of the
fact-finder's report, the Board shall publish the fact-finder's recommendation.

          (4) The Governing Body may accept, reject or modify the fact-finder’s recommendation. The
decision of the Governing Body is final and binding on both parties and shall be incorporated into the
agreement along with those items that had been tentatively agreed to by the parties.

           (5) The cost of any impasse proceeding that requires a third party shall be borne equally by the
parties to the impasse.
(Ord. 151, passed 3-16-1993)


§ 32.21 PROHIBITED PRACTICES; EMPLOYERS.

    (A) No employer or his or her representative shall:

         (1) Discriminate against an employee with regard to terms and conditions of employment because of
the employee's membership in a labor organization;

         (2) Restrain or coerce any employee in the exercise of any right guaranteed hereunder;

          (3) Dominate or coerce employees in the formation, existence or administration of any labor
organization;

        (4) Discriminate in regard to hiring, tenure or any term or condition of employment in order to
encourage or discourage membership in a labor organization;

          (5) Discharge or otherwise discriminate against an employee because he or she has signed or filed
an affidavit, petition, grievance or complaint or given any information or testimony under the provisions hereof
or because an employee is forming, joining or choosing to be represented by a labor organization;

         (6) Refuse to bargain collectively in good faith with the exclusive representative;

         (7) Refuse or fail to comply with any provision hereof or Board regulation; or
                                                 Personnel                                                      23


         (8) Refuse or fail to comply with any collective bargaining agreement.

     (B) During the negotiating process, including the impasse procedure, elected village officials are
prohibited from discussing any issue, which is subject of negotiations, with employees of the bargaining unit
involved in negotiations and employees of the exclusive representative.
(Ord. 151, passed 3-16-1993) Penalty, see § 10.99


§ 32.22 PROHIBITED PRACTICES; EMPLOYEES, LABOR ORGANIZATION OR
REPRESENTATIVE.

    An employee, labor organization or its representative shall not:

     (A) Discriminate against an employee with regard to labor organization membership because of race,
color, religion, creed, age, sex or national origin;

    (B) Solicit membership for an employee or labor organization during the employee's duty hours;

    (C) Interfere with, restrain or coerce any employee in the exercise of any right guaranteed by the
provisions hereof;

     (D) Interfere with, restrain or coerce any elected official, employee or representative of the employer in
the conduct of his or her duties;

     (E) Refuse to bargain collectively in good faith with the employer;

     (F) Refuse or fail to comply with any collective bargaining or other agreement with the employer;

     (G) Refuse or fail to comply with any provision hereof;

     (H) Picket homes or private businesses of elected officials or employees;

     (I) Interfere with or coerce the employer in the selection of its agent for bargaining;

    (J) Interfere with the normal process of negotiations between the duly authorized negotiating teams of the
employer and the exclusive representative; or

      (K) During the negotiating process, including the impasse procedure, discuss any issue with village elected
officials which is a subject of negotiations.
(Ord. 151, passed 3-16-1993) Penalty, see § 10.99
24                                          Tularosa - Administration


§ 32.23 STRIKES AND LOCKOUTS.

    (A) No employee or labor organization shall engage in a strike. No employee labor organization shall
cause, instigate, encourage or support a strike. No employer shall cause, instigate or engage in any employee
lockout.

      (B) (1) In the case of an action by bargaining unit employees where the employer alleges a strike has
occurred, the Labor Management Relations Board shall meet in emergency session, within 24 hours of the
filing of the charge by the employer, and determine whether a strike has indeed occurred.

        (2) In case the Board must meet in accordance with this emergency during the absence of a Board
member, the Mayor shall appoint an interim member with due regard to the representative character of the
Board.

      (C) (1) Should it be determined by the Board that bargaining unit employees participated in, caused,
instigated, encouraged or supported a public employee strike, walkout or slow-down, the exclusive
representative for that bargaining unit shall be automatically decertified by the Labor Management Relations
Board.

          (2) In such case, the collective bargaining agreement shall be null and void, the exclusive
representative for that appropriate bargaining unit may not collect dues, negotiate or represent employees in
any fashion, and shall be barred from serving as the exclusive representative of any bargaining unit of village
employees for a period of not less than one year.
(Ord. 151, passed 3-16-1993)


§ 32.24 VALID AGREEMENTS.

     All collective bargaining agreements and other agreements between employers and exclusive
representatives are valid and enforceable according to their terms when entered into in accordance with the
provisions hereof.
(Ord. 151, passed 3-16-1993)


§ 32.25 JUDICIAL ENFORCEMENT; STANDARD OF REVIEW.

     (A) The Board may request the District Court to enforce any order issued pursuant hereto, including
those for appropriate temporary relief and restraining orders. The Court shall consider the request for
enforcement on the record made before the Board. It shall uphold the action of the Board and take
appropriate action to enforce it unless it concludes that the order is:

         (1) Arbitrary, capricious or an abuse of discretion;
                                                 Personnel                                                    25


         (2) Not supported by substantial evidence on the record considered as a whole; or

         (3) Otherwise not in accordance with law.

     (B) (1) Any person or party, including any labor organization affected by a final regulation, order or
decision of the Board may appeal to District Court for further relief.

         (2) All appeals shall be based upon the record made at the Board hearing. All appeals to District
Court shall be taken within 30 days of final regulation, order or decision of the Board.

         (3) Actions taken by the Board shall be affirmed unless the Court concludes that the action is:

              (a) Arbitrary, capricious or abuse of discretion;

              (b) Not supported by substantial evidence on the record taken as a whole; or

             (c) Otherwise not in accordance with law.
(Ord. 151, passed 3-16-1993)



LABOR MANAGEMENT RELATIONS BOARD


§ 32.35 CREATION AND TERMS.
   (A) The Labor Management Relations Board is hereby created. The Board shall consist of three
members appointed by the Mayor with the approval of the Governing Body. The Mayor shall appoint one
member recommended by organized labor representatives actively involved in representing employees, one
member recommended by management and one member jointly recommended by the two other appointees.

    (B) Board members shall serve for a period of one year with terms commencing April 1 of each year.
Vacancies shall be filled in the same manner as the original appointment and the appointments shall only be
made for the remainder of the unexpired term. A Board member may serve an unlimited number of terms.

      (C) During the term for which he or she is appointed, no Board member shall hold or seek any other
political office or public employment, be an individual representing the employer in collective bargaining or be
an employee of the labor organization representing the village employees.

    (D) Each Board member shall be paid statutory mileage and per diem for hearings required under this
chapter.
26                                  Tularosa - Administration


    (E) The cost of any hearing will be borne equally by the parties to the hearings.
(Ord. 151, passed 3-16-1993)


§ 32.36 POWERS AND DUTIES.

    (A) The Board shall promulgate rules and regulations necessary to accomplish and perform its functions
and duties, as established herein, including the establishment or procedures for:

         (1) The designation of appropriate bargaining units;

         (2) The selection, certification and decertification of exclusive representatives; and

         (3) The filing of, hearing on and determination of complaints of prohibited practices.

    (B) The Board shall:

         (1) Hold hearings and make inquiries necessary to carry out its functions and duties;

         (2) Request from employers and labor organizations the information and data necessary to carry out
the Board's functions and responsibilities; and

         (3) Hire personnel or contract with third parties as the Governing Body deems necessary to assist
the Board in carrying out its functions.

      (C) The Board may issue subpoenas requiring, upon reasonable notice, the attendance and testimony of
witnesses and the production of any evidence, including books, records, correspondence or documents
relating to any matter in question. The Board may prescribe the form of subpoena, but it shall adhere insofar
as practicable to the form used in civil actions in the District Court. The Board may administer oaths and
affirmations, examine witnesses and receive evidence.

     (D) The Board shall decide all issues by majority vote and shall issue its decisions in the form of written
orders and opinions. The decisions of the Board on interpretation and applications of the ordinance and
collective bargaining agreements are final and binding on the parties subject to the appeal provisions in §
32.25.

     (E) The Board has the power to enforce provisions hereof and labor management agreements through
the imposition of appropriate administrative remedies.

     (F) The Board shall have no power to promulgate policy other than to accomplish and perform its
functions and duties.
                                              Personnel                                                        27


     (G) No rule or regulation promulgated by the Board shall require, directly or indirectly, as a condition of
continuous employment, any employee covered hereby to pay money to any labor organization that is certified
as an exclusive representative.
(Ord. 151, passed 3-16-1993)


§ 32.37 HEARING PROCEDURES.

     (A) The Board may hold hearings for the purposes of:

          (1) Information gathering and inquiry;

          (2) Adopting rules and regulations; and

          (3) Adjudicating disputes and enforcing the provisions hereof and rules and regulations adopted
pursuant to that act.

    (B) The Board shall adopt regulations setting forth procedures to be followed during hearings of the
Board. The regulations shall meet minimal due process requirements of the State and Federal Constitutions.

     (C) (1) Charges of prohibited labor practices that are filed within 60 days of the time the complainant
knew or with reasonable diligence should have known of the commission or omission of the act that generated
the charges shall be heard by the Board. The charges must identify the specific violation and relief requested.

         (2) Proceedings against the party alleged to have committed a prohibited practice shall be
commenced by service upon it and the Board of a written notice together with a copy of the charges and relief
requested.

     (D) All adopted rules and regulations shall be filed in accordance with applicable local ordinances.

     (E) A verbatim record made by electronic or other suitable means shall be made of every rule-making
and adjudicatory hearing. The record shall not be transcribed unless required for judicial review or unless
ordered by the Board. Payment for the transcription shall be made by the party requesting the review.

     (F) Each party to a prohibited labor practice shall bear the cost of producing its own witnesses for
hearings.
28                                      Tularosa - Administration


      (G) No regulation proposed to be adopted by the Board that affects any person or governmental entity
outside of the Board and its staff shall be adopted, amended or repealed without public hearing and comment
on the proposed action before the Board. The public hearing shall be held after reasonable notice of the
subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner
in which interested persons may present their views and the method by which copies of the proposed
regulation, proposed amendment or repeal of an existing regulation may be obtained. All meetings shall be held
in the village. Notice shall be published once at least 30 days prior to the hearing date in a newspaper of
general circulation in the village and notice shall be mailed at least 30 days prior to the hearing date to persons
who have made written request to the appropriate village official for advance notice of hearings related to this
chapter.
(Ord. 151, passed 3-16-1993)
                            CHAPTER 33: CIVIL DEFENSE ORGANIZATION


Section

     33.01    Creation



§ 33.01 CREATION.

     There is hereby created the Civil Defense Organization for the village, as an agency of the government to
be composed of the Mayor and other persons that he or she may appoint from time to time. The Mayor shall
appoint a director and a staff to serve at the pleasure of the Mayor or until repeal of this chapter.
(`75 Code, § 1-3-1)
                                                    29
30                                       Tularosa - Administration


                                       CHAPTER 34: ELECTIONS


Section

     34.01    Election proceedings



§ 34.01 ELECTION PROCEEDINGS.

     All election proceedings for the village shall be conducted in the manner prescribed by the laws and
statutes of the state in force and as the same may from time to time be amended.
(`75 Code, § 1-4-1)
                                                     31
32                                        Tularosa - Administration


                                    CHAPTER 35: PUBLIC LIBRARY


Section

     35.01    Established
     35.02    Director
     35.03    Board
     35.04    Unlawful acts
     35.05    Property acquisition and disposal



§ 35.01 ESTABLISHED.

     There is hereby established a library in the village, a free public library to be known as the Tularosa Public
Library. Such library is a proper and legitimate object of expenditure and operation of the village. The library is
a department of and shall be administered by the village.
(Ord. 207, passed 1-20-04)


§ 35.02 DIRECTOR.

      Pursuant to NMSA § 3-11-6, the Mayor shall appoint a Library Director over any staff for the public
library system who shall be the administrative officer of the library, or may be a non-compensated volunteer.
The Mayor shall consult with the Library Board on selection of the Library Director.
(Ord. 207, passed 1-20-04)


§ 35.03 BOARD.

     (A) Created; duties. The Library Board is created as an advisory board to the village. The Library
Board shall advise and assist the Board of Trustees to ensure the efficient and economical management and
operation of the Tularosa Public Library.

     (B) Purposes. The Library Board is created as a liaison between the community and the Board of
Trustees for the following purposes:

         (1) To keep itself informed of library needs and to serve as a forum for discussion;



                                                      33
2004 S-2
34                                       Tularosa - Administration


          (2) To recommend to the Board of Trustees policies for overall development, including plans for
additional library facilities and programs;

         (3) To encourage the greatest use of library facilities and programs;

        (4) To recommend to the Board of Trustees in a timely manner the fiscal year operating budget and
to recommend budget adjustments if needed.

     (C) Composition. The Library Board shall consist of five members who shall be appointed by the Mayor
with the approval of the governing body of the village. The members shall include, as far as possible,
representatives of various geographic, ethnic, socioeconomic, professional and business interests of the
community.

    (D) Terms of office.

          (1) The members of the Library Board shall hold terms of office as follows: appointments for terms
commencing January 1, 2004, and thereafter, shall be for a term of two years, ending on December 31 at the
end of term of office. Appointments to unexpired terms will be for the remainder of the term.

        (2) Terms of office shall be staggered so that terms of office of three members expire in odd
numbered years and two members expire on even numbered years.

          (3) At initial activation of the Library Board, three members shall be appointed to serve a two year
term of office and two members shall be appointed to serve a one-year term of office. Thereafter, all
appointments to the Library Board shall be for two years.

    (E) Nomination, appointment, removal procedures for members.

         (1) At least two months before a term of a Library Board member expires, the Mayor shall notify
the members of the Board of Trustees of the pending vacancy and the name of the incumbent Board member.
The Mayor may request a Library Board recommendation for filling the vacancy. The Mayor may seek other
candidates for the vacancy. Persons appointed to Board membership will be notified of their appointment in
writing asking for acceptance or rejection of the position in writing. If a vacancy occurs for reasons other than
expiration of a term, the same procedure will be followed.

          (2) The Mayor may remove any Board member who misses three consecutive meetings in a term
year. The chairman of the Library Board shall report such absences to the Mayor. The Mayor will investigate
the circumstances of the absences and report thereon to the Board of Trustees at their next regularly scheduled
meeting and such removal shall be subject to the approval of the governing body of the village.

     (F) Members to serve without compensation. All members of the Board created by this chapter shall
serve without compensation.
2004 S-2
                                         Public Library                                             35


      (G) Conflict of interest. Members of the Board having a private interest in matters before the Board
shall disqualify themselves from discussion and voting on that matter.

      (H) Officers. The Library Board shall elect a minimum of three officers; those being Chairman, Vice
Chairman and Secretary-Treasurer. The Board may elect such other officers as the Board deems necessary.
Each officer shall be elected by the members of the Board for a term of one year and shall be elected at the
first meeting of each calendar year. No officers shall serve more than two consecutive terms in the same office.

     (I) Meetings.

          (1) A quorum of three members is required for the conduct of Board business. A motion shall carry
upon the affirmative vote of the majority of the members present at any meeting. The Board shall adopt
additional rules to govern its proceedings.

            (2) All meetings shall be open to the public and insofar as possible shall be held at public-owned
facilities. The Board shall meet at least monthly, and may hold additional meetings at its discretion. Notice of
the time, place and agenda meetings must be published as prescribed by the library's public meetings
resolution.

          (3) The Library Director is an ex officio member of the Board without vote, being responsible for
administration of library facilities.

         (4) Board minutes shall be brief and include date and place of meeting, attendance, items discussed
and action recommended. Minutes shall be filed with the Village Clerk/Treasurer and sufficient copies
forwarded to the Mayor for distribution as prescribed.

        (5) Minutes of the last monthly meeting each term year, January 1 to December 31, shall contain a
summary of recommendations and record of attendance of members for the term year.

     (J) Reports. The Library Board shall submit a monthly status report to the Mayor and Board of Trustees
identifying timely library operations issues the Mayor and Board of Trustees should be made aware of. This
report is due to the Village Clerk/Treasurer the Friday before the regular monthly meeting of the Board of
Trustees.
(Ord. 207, passed 1-20-04)


§ 35.04 UNLAWFUL ACTS.

      (A) Damage. Any person, carrying away without authority, misusing, cutting, writing upon, damaging,
defacing, tearing, or destroying any book, periodical, map, newspaper or any property devoted to the public
library shall be subject to punishment as provided in § 35.01, and shall be ordered to replace or pay for the
repair of the material destroyed.
2004 S-2
36                                         Tularosa - Administration


     (B) Failure to pay fine; return. Any person who fails to pay fines, pay for or return any book,
periodical, map, newspaper, computer equipment, software, computer programs, or any property belonging to
the public library within 15 days after written notice by the Village Attorney's office shall be subject to
punishment as provided in Chapter 10 and shall be ordered to pay the library overdue fine and to replace the
material if it has been lost or damaged.

      (C) Notice defined. NOTICE, as used in division (B), is presumed to have been given when deposited
as certified matter in the United States mail, addressed to the person at the address as it appears on his or her
library card.
(Ord. 207, passed 1-20-04)


§ 35.05 PROPERTY ACQUISITION AND DISPOSAL.

    The Board shall develop policies covering the acceptance of books, media, equipment and other property
donated to the library by members of the public and the disposal of surplus library books, media, equipment
and property.

    (A) Donations. As a general guideline, policies on the acceptance of books, media, equipment and other
property donated by members of the public, the Board shall consider library needs and requirements and
providing acknowledgment of the generosity of the donators of books and media.

     (B) Surplus material. On a schedule developed by the Library Director, library material (books, media,
equipment and property) shall be evaluated to identify books and media that are damaged, unserviceable and
are duplicates; books and media demonstrating no interest to patrons; and, unserviceable equipment and other
property. Such books, media, equipment and property shall be declared candidates for disposal by the library.

      (C) Disposal of surplus material. The Library Board shall approve or disapprove the list of proposed
surplus library material. Surplus library material (books, media, equipment and other property) shall be
disposed of in accordance with applicable village ordinances, applicable state law, and accepted standard
library property disposal practices in this state. Monies derived from the sale of surplus library property shall
be deposited in the Village Library Fund for library operations.
(Ord. 207, passed 1-20-04)
2004 S-2




                     TITLE V: PUBLIC WORKS

           Chapter

                     50. SOLID WASTE

                     51. GENERAL WATER AND SEWER PROVISIONS

                     52. WATER

                     53. INDUSTRIAL WASTE
1
2   Tularosa - Public Works
                                   CHAPTER 50: SOLID WASTE


Section

                                              General Provisions

    50.01   Definitions
    50.02   Fees
    50.03   Enforcement procedures

                                Collection Requirements; Receptacles

    50.15   Compulsory solid waste collection
    50.16   Fee schedule
    50.17   Failure to deposit refuse in proper receptacles; authority to remove
    50.18   Failure to pay fees
    50.19   Placement, construction and maintenance of receptacles
    50.20   Disturbing receptacles
    50.21   Collection, transport and disposal
    50.22   Unauthorized dump sites

                                              Prohibited Activity

    50.35   Burning or burying solid waste
    50.36   Scattering or disposal of solid waste
    50.37   Removal of dead animals
    50.38   Infectious waste, flammable, explosive or combustible material

                                  Franchise Agreement Regulations

    50.50   Type of franchise
    50.51   Collector’s duties
    50.52   Term and renewal
    50.53   Right to use rights-of-way
    50.54   Insurance coverage
    50.55   Service to government
    50.56   Performance bond
    50.57   Certification of state approval
3
4                                          Tularosa - Public Works


     50.58     Collection arrangements
     50.59     Indemnification
     50.60     Fees
     50.61     Vehicular equipment
     50.62     Assignment, sale, sublease or subcontract
     50.63     Termination




                                          GENERAL PROVISIONS


§ 50.01 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

     COMMERCIAL ESTABLISHMENT. All structures, other than residences, together with the
surrounding premises, on which any person produces or generates solid waste.

     DESIGNATED LANDFILL. The Otero/Lincoln County sanitary landfill or such other landfill, as
designated from time to time by the Governing Body, as the site at which residents of the village may dispose
of solid waste.

     FRANCHISED COLLECTOR. Any person or entity to whom the village has granted a non-exclusive
franchise to collect solid waste within the village.

    RESIDENCE. A home, trailer, mobile home or other freestanding structure used or capable of use as a
human habitation, together with the surrounding premises, on which any person produces or generates solid
waste; a SINGLE-FAMILY RESIDENCE may include a guest home and other outbuildings on the same
premises which are not continuously inhabited.

     SOLID WASTE. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment
plant or air pollution control facility and other discarded material including solid, liquid, semisolid or contained
gaseous material resulting from industrial, commercial mining and agricultural operations and from community
activities, but does not include those items excluded as SOLID WASTE by the Solid Waste Management
Regulations, adopted by the Environmental Improvement Board of the state.
(Ord. 156, passed 11-16-1993)
                                                   Solid Waste                                                     5


§ 50.02 FEES.

     (A) Each franchised collector shall be responsible for providing the village with a copy of each individual
contract with each commercial account of the franchised collector in the village and the village will do all billing
and collection on such commercial accounts.

     (B) The village will retain 10% of the amount billed for each commercial account and shall remit to the
franchised collector the balance on the first day of each month after collection of the account in accordance
with a franchise ordinance or such other special contractual arrangement which may exist between the village
and a franchised collector.
(Ord. 156, passed 11-16-1993)


§ 50.03 ENFORCEMENT PROCEDURES.

      (A) The village, at its discretion, may place an assessment against property in question to enforce the
refuse collection fee by preparing an assessment roll per the terms of NMSA § 3-48-4. The Village Clerk-
Treasurer shall conform to all the hearing and notice requirements set forth in NMSA § 3-48-5. The
Governing Body shall conduct a protest hearing per the terms of NMSA §§ 3-48-4 and 3-48-5. The village
shall enforce any assessments by filing and enforcing a lien per the terms of NMSA § 3-48-7.

     (B) Upon receipt of any money to discharge the assessment and/or lien, the village shall deduct from the
amount received any statutory interest, penalties or other penalties and retain such an amount to offset the costs
of imposing the assessment and/or lien. From this remaining amount, the village shall deduct the franchise fee
due it and then pay the balance to the franchised collector.
(Ord. 156, passed 11-16-1993)




                          COLLECTION REQUIREMENTS; RECEPTACLES


§ 50.15 COMPULSORY SOLID WASTE COLLECTION.

     Every person owning or controlling an occupied residence or commercial establishment within the village
is required to pay for a solid waste collection service provided by a franchised collector and to pay the solid
waste collection fee established by the Governing Body. All fees shall be billed by the village and paid to a
franchised collector in accordance with each franchise agreement.
(Ord. 156, passed 11-16-1993)
6                                          Tularosa - Public Works


§ 50.16 FEE SCHEDULE.

    (A) (1) Residences are single family dwellings, each apartment unit of an apartment complex and each
mobile home occupied as a place of residence whether located within or without a so called trailer park or
mobile home park. Each such residence shall pay the sum of $10.26 per month for at least one pick-up per
week; provided, however, that, in the event the head of the household of the residence is a SENIOR
CITIZEN as hereinafter defined, the occupant shall pay the sum of $9.48 per month for at least one pickup
per week.

          (2) For the purpose of this division (A), the following definition shall apply unless the context clearly
indicates or requires a different meaning.

               SENIOR CITIZEN. Any resident within the village who has attained the age of 60 years;
provided that, the village shall require of the SENIOR CITIZEN satisfactory proof of age.

     (B) For commercial accounts, the fee shall be agreed upon, by contract, between each franchised
collector, on a pick-up and container size schedule, as may be agreed upon between the franchised collector, a
commercial establishment sufficient to handle the commercial establishment's solid refuse collection needs,
provided that if not such contract is agreed upon, a 90-gallon cart shall be provided to commercial customers
and refuse shall be collected once a week at the fee of $13 per month and $17 per month for collection twice
a week.

      (C) In the event that a commercial establishment does not elect to enter into a contract with a franchised
collector, but rather to haul their own solid waste, the commercial establishment shall nonetheless pay to the
village an assessment fee of $17 per month.

     (D) For irregular service and special pickups, the fee shall be agreed upon in advance by the customer
and the company, but shall not be less than the amount necessary to recover the cost of providing the service
or pickup.

      (E) The rates may be adjusted annually and shall increase inconsistent with the October figures from the
Consumer Price Index, as published by the University of New Mexico in Albuquerque, New Mexico. The
increase shall occur on August 1 of each year if the contractor, who has been appointed by the village to
conduct solid waste disposal, requests an increase in writing and the increase is implemented with the rates
herein to increase by an amount equal to the rate increase for the contractor. If the contractor fails to request
the increase in writing, the rate shall remain the same and there shall be no adjustment for that year.
(Ord. 156, passed 11-16-1993; Am. Ord. 189, passed 5-18-1999; Am. Ord. 201, passed 9-17-2002; Am.
Ord. 204, passed 5-20-2003)
2006 S-3
                                                 Solid Waste                                                  7


§ 50.17 FAILURE TO DEPOSIT REFUSE IN PROPER RECEPTACLES; AUTHORITY TO
REMOVE.

     If any person shall permit any solid waste to be thrown, left or deposited in or upon real property owned
or controlled by the person, other than in proper solid waste receptacles, as provided in § 50.19, and fails to
remove the solid waste or to place it in proper solid waste receptacles within 48 hours after the solid waste is
deposited, the Village Mayor or the Village Clerk-Treasurer may order the appropriate franchised collector
who is responsible for collection of personal solid waste to remove the solid waste from the real property and
to bill the person owning or controlling the property from which the solid waste is removed the actual cost of
the removal or a reasonable fee per one-half hour, whichever is greater. A separate assessment shall be made
for each removal.
(Ord. 156, passed 11-16-1993)


§ 50.18 FAILURE TO PAY FEES.

     (A) The failure or refusal of any person owning or controlling real property to provide for the removal of
solid waste or to pay the fees chargeable to such person for solid waste collection service, as provided in §
50.16, or for solid waste removal, as provided in § 50.17, is a misdemeanor.

    (B) If any person owning or controlling real property fails or refuses to pay the fees chargeable to the
person for solid waste collection service, as provided in § 50.16, or for solid waste removal services, as
provided in § 50.17, the amount of the unpaid fees may be made an assessment against the real property from
which the solid waste is collected or removed.
(Ord. 156, passed 11-16-1993) Penalty, see § 10.99


§ 50.19 PLACEMENT, CONSTRUCTION AND MAINTENANCE OF RECEPTACLES.

    (A) Unless solid waste receptacles are otherwise provided by a franchised collector, it shall be the
responsibility of every person owning or controlling any residence or commercial establishment to provide and
maintain in reasonably good repair one or more solid waste receptacles.

     (B) (1) Solid waste receptacles shall be closed, sufficiently sturdy to prevent ripping and spillage in the
collection process and adequate to prevent scavenging by animals or dispersal of contents by natural elements.

         (2) Containers composed of materials other than rigid plastic or metal shall be considered
disposable and may be removed by the franchised collector.

          (3) Solid waste receptacles used at a residence shall not exceed 32 gallons in capacity and no more
than 50 pounds maximum loaded weight unless larger capacity solid waste receptacles are provided by the
franchised collector and are to be mechanically handled.
8                                          Tularosa - Public Works


          (4) Every solid waste receptacle shall be kept in a clean and sanitary condition by its owner or user.

        (5) Bundles of non-putrescible waste or yard waste which are in four-foot bundles or tied not to
exceed 50 pounds may be placed at the nearest point of driving surface of the road for collection.

     (C) (1) Every person owning or controlling a residence shall place all solid waste receptacles under his
or her control for collection at the nearest point of driving surface of the road on the collection day designated
by the franchised collector and shall remove them from the side of the thoroughfare within 12 hours after
pickup.

         (2) All solid waste receptacles used at a residence shall be stored behind a fence or within an
enclosure or otherwise out of sight from any public way, except on collection day.

    (D) (1) The Village Mayor or the Village Clerk-Treasurer may designate where solid waste receptacles
used at commercial establishments shall be placed, in case of controversy between collector and the
commercial establishment.

         (2) The village shall not authorize any placement of any commercial containers in a residential area.
(Ord. 156, passed 11-16-1993)


§ 50.20 DISTURBING RECEPTACLES.

    It is unlawful to disturb or scatter solid waste or the contents of a solid waste receptacle.
(Ord. 156, passed 11-16-1993) Penalty, see § 10.99


§ 50.21 COLLECTION, TRANSPORT AND DISPOSAL.

     Solid waste shall be collected and disposed of only by a franchised collector, except that:

     (A) Construction debris, rubbish and waste may be collected and hauled from the premises involved by
those engaged in construction, remodeling or demolition;

     (B) Tree and yard trimmings accumulated by persons engaged in the business of gardening or
landscaping may be collected and hauled from the premises where the trimmings have accumulated;

    (C) Owners, occupants or persons in control of commercial establishments may haul their own solid
waste, subject to payment of the assessment set forth in § 50.16;
                                                 Solid Waste                                                   9


    (D) Owners, occupants or persons in control of a residence may haul occasional, one-time loads of
excess solid waste;

    (E) Clean sawdust, rotted manure for fertilizer or farm debris may be collected and hauled by any
person; and

     (F) Materials which are to be recycled may be removed by the owner or person occupying or controlling
real property or any person under contract to remove the material for reuse under a recycling program.
(Ord. 156, passed 11-16-1993)


§ 50.22 UNAUTHORIZED DUMP SITES.

    It is unlawful to dump refuse, at any place, except at the designated landfill operated by the Otero/Lincoln
County solid waste authority unless specifically approved in writing by the village.
(Ord. 156, passed 11-16-1993) Penalty, see § 10.99




                                         PROHIBITED ACTIVITY


§ 50.35 BURNING OR BURYING SOLID WASTE.

    It is unlawful for any person to burn or bury any solid waste, except nothing in this chapter shall be
construed to prohibit:

       (A) The disposal of solid waste by the normal or usual use of a garbage disposal unit or sanitary sewer
facilities;

    (B) The normal use of home fireplaces;

    (C) Composting; or

    (D) Open burning authorized by a permit from the State Environmental Improvement Division.
(Ord. 156, passed 11-16-1993) Penalty, see § 10.99
10                                        Tularosa - Public Works


§ 50.36 SCATTERING OR DISPOSAL OF SOLID WASTE.

    It is unlawful to throw, place or deposit waste in or upon any street, public thoroughfare, driveway or any
occupied or unoccupied premises within the village, except in those places and in the manner specified in this
chapter.
(Ord. 156, passed 11-16-1993) Penalty, see § 10.99


§ 50.37 REMOVAL OF DEAD ANIMALS.

     (A) (1) Any person in possession, charge or control of any carrion or dead animal or who owns,
controls or occupies any premises, upon which the same may be located, shall cause the same to be removed
and disposed of.

         (2) No dead animal shall be placed in a solid waste receptacle.

     (B) (1) The owner of a dead animal or carrion, or any other person responsible for the removal of the
carrion or dead animal, may, upon request, have the assistance of the village in removing the carrion or dead
animal.

         (2) The owner of the carrion or dead animal, or any person who owns, controls or occupies the
premises upon which the same may be located, shall be required to pay the cost of removal.
(Ord. 156, passed 11-16-1993) Penalty, see § 10.99


§ 50.38 INFECTIOUS WASTE, FLAMMABLE, EXPLOSIVE OR COMBUSTIBLE MATERIAL.

     (A) Infectious waste. No generator of solid waste shall place, in any container for regular collection,
any infectious waste or an item that has come in contact with infectious waste.

     (B) Flammable or explosive materials. Highly flammable or explosive materials shall not be placed in
residential or commercial containers. The producers of the solid waste shall provide a disposal plan for
approval by the village.

     (C) Hot ashes and other combustible material. No person shall deposit hot ashes, cinders, smoldering
coals or greasy or oily substances liable to spontaneous ignition into any combustible receptacle or place the
same within ten feet of any combustible materials, except in metal or noncombustible receptacles. For at least
48 hours prior to the scheduled time of collection, ashes or cinders shall be cooled and shall be placed at the
collection point in disposable containers.
                                                   Solid Waste                                                    11


     (D) Special and hazardous waste. It shall be unlawful to place or cause to be placed, in any container
for collection, any special or hazardous waste of any kind. Any special or hazardous waste will be removed
from the village at the owner's or producer's expense to an approved site.
(Ord. 156, passed 11-16-1993) Penalty, see § 10.99




                              FRANCHISE AGREEMENT REGULATIONS


§ 50.50 TYPE OF FRANCHISE.

     (A) The franchises granted by the village are non-exclusive. At any time, the village may enter into
franchise agreements with additional qualified franchised collectors for refuse collection and disposal.

     (B) In addition, the village may, per the terms hereof, elect to operate its own refuse collection and
disposal service in accordance with state law.
(Ord. 156, passed 11-16-1993)


§ 50.51 COLLECTOR'S DUTIES.

    (A) Each franchised collector shall collect refuse from the customers it is contracted to serve at the times
and not in excess of the rates, as set forth herein and per other set terms and conditions.

    (B) The franchised collector shall dispose of solid waste at the Otero/Lincoln County landfill.
(Ord. 156, passed 11-16-1993)


§ 50.52 TERM AND RENEWAL.

     The franchise with each franchised collector shall be for a term of four years, beginning upon the effective
date of each franchise.
(Ord. 156, passed 11-16-1993)


§ 50.53 RIGHT TO USE RIGHTS-OF-WAY.

     Each franchised collector shall have the right to use any and all streets, alleys, bridges and public ways
within the village for the purposes of refuse collection and disposal, subject to all other ordinances of the village
not in conflict herewith.
(Ord. 156, passed 11-16-1993)
12                                          Tularosa - Public Works


§ 50.54 INSURANCE COVERAGE.

       (A) Each franchised collector shall obtain liability insurance in an amount no less than $1,000,000 for
liability per person and $1,000,000 to cover property damage or higher limits as may be permitted under the
State Tort Claims Act, in effect in the state, from time to time. Each liability insurance policy shall provide that
the village is a named insured. Each franchised collector shall each obtain worker's compensation insurance in
an amount and type, as required by state law.

     (B) All liability insurance policies and worker's compensation policies shall be with carriers approved by
the village, but the village shall not unreasonably withhold its consent.

     (C) Each franchised collector shall furnish the Village Clerk-Treasurer with copies of the insurance
policies required under this section. If the franchised collector's insurance coverage changes or if the franchised
collector changes its carrier, it shall furnish the Village Clerk-Treasurer with a copy of the new policy within 30
days of the change. The village shall have 30 days to reject the insurance policy upon just and reasonable
grounds. If the village fails to act within the 30-day period, the insurance policy will be deemed to be accepted
and approved by the village.

      (D) Failure to obtain approved insurance coverage, failure to timely submit insurance policies for village
review or failure to obtain insurance coverage at all shall each be proper grounds for immediate termination of
the franchise by the village.
(Ord. 156, passed 11-16-1993)


§ 50.55 SERVICE TO GOVERNMENT.

    (A) Each franchised collector shall provide refuse collection and disposal to the village government free of
charge, including the removal of dead animals, as requested by the village.

     (B) Such tasks shall include, but not be limited to emptying refuse receptacles placed by the village
throughout the corporate area of the village and other service to the village government, as required by the
Board of Trustees.
(Ord. 156, passed 11-16-1993)


§ 50.56 PERFORMANCE BOND.

      Each franchised collector shall comply with all applicable state laws and regulations including, but not
limited to the State of New Mexico Environmental Improvement Division Solid Waste Management
Regulations and shall provide a performance bond to the village in the amount of $100,000.
(Ord. 156, passed 11-16-1993)
                                                    Solid Waste                                                    13


§ 50.57 CERTIFICATION OF STATE APPROVAL.

        Each franchised collector shall provide proof of their ability to perform as a competent solid waste
collector as follows:

        (A)     Performance bond, as set forth in § 50.56;

         (B)      Liability insurance on all vehicles to be used by the franchised collector, as set forth in § 50.54,
with the filing of a certificate of the liability insurance as to each vehicle to be used as proof of insurance with
the village; and

       (C)     Proof that each driver of a vehicle holds an appropriate commercial license from the New
Mexico Department of Motor Vehicles.
(Ord. 156, passed 11-16-1993)


§ 50.58 COLLECTION ARRANGEMENTS.

        Each franchised collector may arrange with any person for the collection and disposal of that person's
commercial refuse. No less than monthly, each franchised collector shall provide to the Village Clerk-
Treasurer the names of any new customers it has obtained and the names of any customers to whom it no
longer provides service.
(Ord. 156, passed 11-16-1993)


§ 50.59 INDEMNIFICATION.

         Each franchised collector shall indemnify and completely hold harmless the village for any liability the
village may incur as a result of the actions or omissions of the franchised collector, pursuant to the exercise of
the franchise.
(Ord. 156, passed 11-16-1993)


§ 50.60 FEES.

      (A) In consideration of the village granting a franchised collector its franchise, allowing a franchised
collector to use the village's rights-of-way, and in exchange for all other consideration granted to a franchise
collector, each franchise collector shall pay to the village 5% of the gross receipts it receives under the terms of
its franchise. This franchise fee shall not be in lieu of any city, state or federal fees, charges or taxes including,
but not limited to business registration fees, gross receipts taxes and ad valorem property taxes.
14                                          Tularosa - Public Works


     (B) The franchise fee shall be due and payable to the village by each franchised collector no later than the
twenty-fifth day following the end of each calendar month. Each franchised collector shall pay to the village, by
such time, 5% of the gross receipts it has received during the prior month. Upon 15-days' written notice from
the village, any authorized village official, including, but not limited to the Mayor, the Village Clerk-Treasurer or
any other designee of the village, with Governing Body authorization, may inspect the books of a franchised
collector to verify the gross receipts of the franchised collector.
(Ord. 156, passed 11-16-1993)


§ 50.61 VEHICULAR EQUIPMENT.

     Each franchised collector shall collect and dispose of refuse in vehicles that are at least of the minimum
quality and design acceptable in the industry, which conform to any applicable state or federal environmental
regulations, which do not leak and which will prevent solid waste from blowing, spilling or otherwise leaking
out of the equipment. All vehicular equipment shall be cleaned at the times and in the manner to prevent
offensive odors and unsightliness.
(Ord. 156, passed 11-16-1993)


§ 50.62 ASSIGNMENT, SALE, SUBLEASE OR SUBCONTRACT.

     No franchised collector may assign, sell, sublease or subcontract any of its rights or obligations under its
franchise without the express written consent of the village. The consent by the village may not be
unreasonably withheld. However, it shall be grounds for the village to refuse consent if the franchised
collector's successor in interest, assignee, buyer, sublessee or subcontractor fails to sign a written document in
which it agrees to be bound by all the terms and conditions of the franchise ordinance and this chapter.
(Ord. 156, passed 11-16-1993) Penalty, see § 10.99


§ 50.63 TERMINATION.

     (A) The village may terminate the franchise of any franchised collector who does not perform the
obligations of the franchise in a timely and proper manner.

      (B) Any substantial breach of the terms of a franchise ordinance, this chapter or any other applicable
village ordinance shall be grounds for termination. Prior to terminating any franchise, the village shall send
written notice of the complaints it has to the franchised collector by registered or certified mail, return receipt
requested. The franchised collector shall have 15 days from the date of receipt to cure the complaints. If the
franchised collector does not cure the complaints, then the Governing Body shall conduct a hearing for the
purpose of terminating the franchise.
                                                 Solid Waste                                                   15


      (C) The franchised collector shall be given at least two-weeks' notice of the hearing by registered or
certified mail, return receipt requested. The franchise may be terminated by a majority vote of the entire
Governing Body.
(Ord. 156, passed 11-16-1993)
16   Tularosa - Public Works
               CHAPTER 51: GENERAL WATER AND SEWER PROVISIONS


Section

                                            General Provisions

    51.01   Service charges
    51.02   Liability for payment
    51.03   Application for service; deposit; approval
    51.04   Connection required; fee
    51.05   Meters
    51.06   Tampering with system
    51.07   Inspection
    51.08   Repairs
    51.09   Storage of water
    51.10   Liens
    51.11   Special considerations
    51.12   Water wells
    51.13   Extension policy

                                     Water Utilities; Specifications

    51.25   Pipes
    51.26   Fittings
    51.27   Hydrants
    51.28   Mains
    51.29   Lines; flushing requirements
    51.30   Village duties; connections, lines and installation

                                     Sewer Utilities; Specifications

    51.40   Pipes
    51.41   Manholes
    51.42   Minimum size
    51.43   Joints
    51.44   Installations
17
18                                         Tularosa - Public Works


                                          GENERAL PROVISIONS


§ 51.01 SERVICE CHARGES.

     (A) The monthly charges and fees for water and sewer services shall be as follows:

                        Usage                                    Water                          Sewer




Residential: 7,000-gallon minimum




     Single residence                              $24.75, plus $.80 per 1,000 gallons $9.82
                                                   or fraction over minimum to 10,000
                                                   gallons, plus $1.00 per 1,000 gallons
                                                   or fraction over 10,000 gallons




     Residential residence on one meter            $24.75 per unit, plus $.80 per 1,000 $9.82 per unit
                                                   gallons or fraction over minimum to
                                                   10,000 gallons, plus $1.00 per 1,000
                                                   gallons or fraction over 10,000
                                                   gallons




     Grocery stores: 7,000-gallon minimum          $24.75, plus $.80 per 1,000 gallons $9.82, plus $.20 per
                                                   or fraction over minimum to 10,000 1,000 gallons or
                                                   gallons, plus $1.00 per 1,000 gallons fraction over minimum
                                                   or fraction over 10,000 gallons




       Cafes, bars, food and drink: 7,000-gallon   $24.75, plus $.80 per 1,000 gallons $9.82, plus $.20 per
       minimum                                     or fraction over minimum to 10,000 1,000 gallons or
                                                   gallons, plus $1.00 per 1,000 gallons fraction over minimum
                                                   or fraction over 10,000 gallons
                    Usage                     Water                         Sewer




Offices: 7,000-gallon minimum




     Medical                    $24.75, plus $.80 per 1,000 gallons $9.82, plus $.20 per
                                or fraction over minimum to 10,000 1,000 gallons or
                                gallons, plus $1.00 per 1,000 gallons fraction over minimum
                                or fraction over 10,000 gallons




2006 S-3
                                  General Water and Sewer Provisions                                           19



                     Usage                                        Water                            Sewer
     Drug stores                                   $24.75, plus $.80 per 1,000 gallons $9.82, plus $.20 per
                                                   or fraction over minimum to 10,000 1,000 gallons or
                                                   gallons, plus $1.00 per 1,000 gallons fraction over minimum
                                                   or fraction over 10,000 gallons
Offices: 7,000-gallon minimum                      $24.75, plus $.80 per 1,000 gallons $9.82, plus $.20 per
                                                   or fraction over minimum to 10,000 1,000 gallons or
                                                   gallons, plus $1.00 per 1,000 gallons fraction over minimum
                                                   or fraction over 10,000 gallons
Motel: 7,000-gallon minimum                        $24.75, plus $.80 per 1,000 gallons     $9.82, plus $.20 per
                                                   or fraction over minimum to 10,000      1,000 gallons or
                                                   gallons, plus $1.00 per 1,000 gallons   fraction over minimum,
                                                   or fraction over 10,000 gallons         plus $.50 per unit
                                                                                           during May, June, July
                                                                                           and August
Trailer parks and recreational vehicle parks: 7,000-gallon minimum
     One meter - trailer park                      $24.75, plus $2.00 per occupied or      $9.82, plus $.20 per
                                                   unoccupied space at any time            1,000 gallons per water
                                                   during the billing period plus $.80     meter or fraction
                                                   per 1,000 gallons or fraction over      thereof over the
                                                   minimum to 10,000 gallons, plus         minimum water for the
                                                   $1.00 per 1,000 gallons or fraction     meter
                                                   over 10,000 gallons
     One meter - recreational                      $24.75, plus $2.00 per occupied or      $9.82, plus $.20 per
                                                   unoccupied unit of six spaces or        1,000 gallons or
                                                   fraction thereof; $.80 per 1,000        fraction thereof over
                                                   gallons or fraction over minimum to     the minimum water for
                                                   10,000 gallons, plus $1.00 per 1,000    the meter
                                                   gallons or fraction over 10,000
                                                   gallons
      Each metered space, trailer park or          $24.75, plus $.80 per 1,000 gallons $9.82
      recreational vehicle park                    or fraction over minimum to 10,000
                                                   gallons, plus $1.00 per 1,000 gallons
                                                   or fraction over 10,000 gallons
Requests to change to a metered space or from a metered space shall result in payment of appurtenant fees as
set forth herein for installation or removal of a meter.




2006 S-3
20                                         Tularosa - Public Works



                      Usage                                        Water                            Sewer
Dry goods, variety, appliance, tire, automobile and $24.75, plus $.80 per 1,000 gallons $9.82, plus $.20 per
department stores: 7,000-gallon minimum             or fraction over minimum to 10,000 1,000 gallons or
                                                    gallons, plus $1.00 per 1,000 gallons fraction over minimum
                                                    or fraction over 10,000 gallons
Banks and financial institutions: 7,000-gallon      $24.75, plus $.80 per 1,000 gallons $9.82, plus $.20 per
minimum                                             or fraction over minimum to 10,000 1,000 gallons or
                                                    gallons, plus $1.00 per 1,000 gallons fraction over minimum
                                                    or fraction over 10,000 gallons
Barber shops and beauty shops: 7,000-gallon         $24.75, plus $.80 per 1,000 gallons $9.82, plus $.20 per
minimum                                             or fraction over minimum to 10,000 1,000 gallons or
                                                    gallons, plus $1.00 per 1,000 gallons fraction over minimum
                                                    or fraction over 10,000 gallons
Florist shops, retail and wholesale: 7,000-gallon   $24.75, plus $.80 per 1,000 gallons $9.82, plus $.20 per
minimum                                             or fraction over minimum to 10,000 1,000 gallons or
                                                    gallons, plus $1.00 per 1,000 gallons fraction over minimum
                                                    or fraction over 10,000 gallons
Schools, public and parochial: 7,000-gallon         $24.75, plus $.80 per 1,000 gallons     $9.82 per water meter,
minimum                                             or fraction over minimum to 10,000      plus $4.00 per building
                                                    gallons, plus $1.00 per 1,000 gallons   during September
                                                    or fraction over 10,000 gallons         through May
Churches: 7,000-gallon minimum                      $24.75, plus $.80 per 1,000 gallons $9.82 per building
                                                    or fraction over minimum to 10,000
                                                    gallons, plus $1.00 per 1,000 gallons
                                                    or fraction over 10,000 gallons




2006 S-3
                                  General Water and Sewer Provisions                                         21



                     Usage                                    Water                            Sewer
Apartments: 7,000-gallon minimum
     One meter                                 $24.75, plus $2.00 per occupied or      $9.82 per water meter,
                                               unoccupied unit at any time during      plus $.20 per 1,000
                                               the billing period, plus $.80 per       gallons or fraction
                                               1,000 gallons or fraction over          thereof over the
                                               minimum to 10,000 gallons, plus         minimum water for the
                                               $1.00 per 1,000 gallons or fraction     meter
                                               over 10,000 gallons
     Each unit metered                         $24.75, plus $.80 per 1,000 gallons $9.82 per unit
                                               or fraction over minimum to 10,000
                                               gallons, plus $1.00 per 1,000 gallons
                                               or fraction over 10,000 gallons
Service station: 7,000-gallon minimum          $24.75, plus $.80 per 1,000 gallons $9.82, plus $.20 per
                                               or fraction over minimum to 10,000 1,000 gallons or
                                               gallons, plus $1.00 per 1,000 gallons fraction over minimum
                                               or fraction over 10,000 gallons
Car wash: 7,000-gallon minimum                 $24.75, plus $.80 per 1,000 gallons     $9.82, plus $.20 per
                                               or fraction over minimum to 10,000      1,000 gallons or
                                               gallons, plus $1.00 per 1,000 gallons   fraction over minimum
                                               or fraction over 10,000 gallons         to 29,000 gallons, then
                                                                                       $.30 per 1,000 gallons
                                                                                       or fraction over 29,000
                                                                                       gallons to 59,000
                                                                                       gallons, then $.40 per
                                                                                       1,000 gallon or fraction
                                                                                       over 59,000 gallons to
                                                                                       89,000 gallons, then
                                                                                       $.50 per 1,000 gallons
                                                                                       or fraction over
                                                                                       119,000 gallons




2006 S-3
22                                        Tularosa - Public Works



                     Usage                                        Water                           Sewer
Laundromats and industrial: 7,000-gallon minimum $24.75, plus $.80 per 1,000 gallons      $9.82, plus $.20 per
                                                 or fraction over minimum to 10,000       1,000 gallons or
                                                 gallons, plus $1.00 per 1,000 gallons    fraction over minimum
                                                 or fraction over 10,000 gallons          to 29,000 gallons, then
                                                                                          $.30 per 1,000 gallons
                                                                                          or fraction over 29,000
                                                                                          gallons to 59,000
                                                                                          gallons, then $.40 per
                                                                                          1,000 gallons or
                                                                                          fraction over 59,000
                                                                                          gallons to 89,000
                                                                                          gallons, then $.50 per
                                                                                          1,000 gallons or
                                                                                          fraction over 89,000
                                                                                          gallons to 119, 000
                                                                                          gallons, then $.60 per
                                                                                          1,000 gallons or
                                                                                          fraction over 119,000
                                                                                          gallons
Users outside village limits: 7,000-gallon minimum $42.80, plus $2.00 per 1,000 gallons
                                                   or fraction over minimum to 10,
                                                   000 gallons, plus $4.00 per 1,000
                                                   gallons or fraction over 10,000
                                                   gallons

     (B) Charges and fees for occupied trailer spaces and apartment units shall be calculated and charged
each month based upon the assumption that each trailer space or apartment unit is occupied. The owner of the
property billed or agent designated in writing shall be responsible monthly to report in writing on forms
provided to the Village Clerk-Treasurer on or before the ninth day of each month if a trailer space or
apartment unit is not occupied, and thus not subject to the monthly fee or charge.

     (C) The services charges for water and sewer service shall be increased annually on November 1 of each
year by 100% of the increase annually for all items indexed in the Consumer Price Index, as published by the
University of New Mexico, Albuquerque, NM, which is last dated prior to November 1 of each year.
2006 S-3
                                      General Water and Sewer Provisions                                              23


     (D) (1) Payment of the monthly utility bill for water, sewer and refuse collection is due and payable on
the next tenth day of the month immediately following the billing date and is considered delinquent if not paid by
the twenty-first day of that same month. A final cutoff notice will be mailed on the twenty-first stating that
water services will be disconnected in five days if the bill is not paid in full. A delinquency fee of $20 shall be
assessed if the full payment is not made by the twenty-first day of the month.

         (2) If the service is disconnected, a $50 reconnect fee will be charged upon request provided that all
other water/sewer charges, including penalty and interest, are current. The Mayor, and in the Mayor's
absence, the Village Clerk-Treasurer, may agree to allow an extension for payments of the delinquency fee and
arrearage; provided that, only two such extensions may be allowed on any person's account.

          (3) The Mayor, and in the Mayor's absence, the Village Clerk-Treasurer, may waive the
delinquency fee if the person responsible for the bill was hospitalized or otherwise incapacitated at the time the
bill became delinquent. To apply for the waiver, the Mayor or Village Clerk-Treasurer must be provided with
acceptable proof of the hospitalization or incapacitation.

     (E) Any person who has a delinquent account may be refused service at another service address until the
delinquency account is paid.
(`75 Code, § 6-5-1) (Am. Ord. 179, passed 2-17-1998; Am. Ord. 188, passed 9-15-1998; Am. Ord. 197,
passed 1-16-2001; Am. Ord. 204, passed 5-20-2003)


§ 51.02 LIABILITY FOR PAYMENT.

     The charges established by this chapter shall be payable by the owner of the premises served unless the
owner notifies the village in writing prior to the initiation of the debt that utility charges incurred by a renter will
not be the responsibility of the owner. The notification shall include the location of the rental property.
(`75 Code, § 6-5-3)


§ 51.03 APPLICATION FOR SERVICE; DEPOSIT; APPROVAL.

    (A) (1) Connection with the mains of the village shall be made by written application of the owner of the
premises to be supplied with water, or his or her duly authorized agent, on blanks provided by the village.

          (2) The application shall state the name of the owner of the premises, the character and extent of the
service desired, a description of the premises, including the name of street and house number, if any, and other
information as may reasonably be required by the village to enable it to give the desired service.


2003 S-1
24                                         Tularosa - Public Works


          (3) A deposit of $100 shall be made by the applicant for water and sewer service at the time of
application. The deposit shall be kept by the Clerk-Treasurer and refunded to the applicant within 60 days of
termination of the applicant’s use of services minus any deductions from the deposit for any unpaid balance due
for services rendered.
(`75 Code, § 6-5-4) (Am. Ord. 197, passed 1-16-2001)

     (B) A new application must be made and approved by the village on any change of ownership of the
property and the village shall have the right to discontinue the water supply until a new application is made and
approved; provided that, all charges herein mentioned, which shall be due and owing on the premises, shall be
paid in full before the new application is approved.
(`75 Code, § 6-5-5)


§ 51.04 CONNECTION REQUIRED; FEE.

     (A) At the time of making application for connection with the mains of the village, the applicant must pay
to the Clerk-Treasurer of the village a connection fee as follows:

          (1) For a 3/4-inch waterline connection: $750;

          (2) For a 1-inch waterline connection: $850;

          (3) For a 2-inch waterline connection: $1,000;

          (4) For a 3-inch waterline connection: $1,100;

          (5) For a 4-inch waterline connection: $1,250;

          (6) For a 5-inch waterline connection: $1,500.

          (7) For any connection in excess of a 5-inch waterline connection, an additional compensation, in
addition to the $1,500, as may be necessary to pay for the labor and materials, as may be determined by the
Board of Trustees at the time of the application for the connection in excess of five inches. If the application is
for a reconnection after disconnection for default in payment of charges, the applicant shall pay the sum of $30,
together with all delinquent charges and penalties thereon.
(`75 Code, § 6-5-6)

          (8) Upon request of the applicant, the connection fee may be paid by installments in accordance
with the terms of an agreement executed by the applicant and the village provided that in the event that the
applicant fails to make timely payments of installments due, after notice of default pursuant to the agreement
and failure to cure the default, the service may be disconnected.
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                                    General Water and Sewer Provisions                                          25


      (B) (1) All property owners in the village shall be required to connect, at their own expense, their
properties with the village sewer system and cease and desist the use of all other methods of sewerage
disposal, if sewer services are available within 150 feet or less of the property line, and if, in the judgment of
the village there is an adequate grade from the existing sewer main or line to the property line to which the
sewer service is to be connected so as to render village sewer service practicable. A property owner is
responsible for the maintenance and repair of the service line connecting a single property to the sewage
collection system including taps, saddles and wyes. A property owner is also responsible for any damage to
public property resulting from the failure of the service lines, the failure
including, but not limited to leaks or collapses. The village, at its election, may discontinue the furnishing of
water to property not conforming to this requirement or upon failure of a property owner to comply with the
provisions hereof, written notice by the Building Inspector shall be given demanding that maintenance or repair
be made within 30 days from the date of the notice. Upon failure to comply with the notice, then and in that
event, the village shall have the power and the authority to maintain or repair, the cost and expense of which
shall be a lien against the property served.

         (2) At the time of making application for water service, if a sewer connection is required as set forth
above, the applicant shall pay a sewer connect fee as follows:

              (a) Residential single-family: $800;

             (b) All others: $1,250.
(`75 Code, § 6-5-14) (Am. Ord. 153, passed 7-20-1993; Am. Ord. 199, passed 5-15-2001; Am. Ord.
204, passed 5-20-2003; Am. Ord. 208, passed 1-20-04; Am. Ord. 217, passed 12-20-2005)


§ 51.05 METERS.

      (A) (1) No more than one building shall be permitted to use a water service line and each water service
line shall be connected to the village mainline through a village meter; provided, however, that more than one
building may be connected to a service line if fees are paid and application for service is made to the village
and approved and fees charged under § 51.01; provided, however, that accessory buildings not designed for
habitation may be served through a single residential service meter which also serves a residence.

          (2) All meters shall be furnished by the village and shall remain its property and be accessible to and
subject to its control. They shall be conveniently located upon approval by the village so as to control the
entire supply to the premises. When located on the premises of a consumer, a proper place of protection
thereof shall be provided by the consumer.
(`75 Code, § 6-5-7) (Am. Ord. 174, passed 7-15-1997)

      (B) Meters will be maintained by the village so far as ordinary wear and tear are concerned. The
damage, due to any fault on the part of the consumer, shall be paid by him or her and he or she shall notify the
village of any injury to or the non-working of the meter as soon as it comes to his or her knowledge.
(`75 Code, § 6-5-8)

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26                                         Tularosa - Public Works


        (C)     The owner of each new structure, unless it shall be an addition to an existing structure, shall
apply for, obtain and have installed a water meter for each new structure.
(`75 Code, § 6-5-12) Penalty, see § 10.99


§ 51.06 TAMPERING WITH SYSTEM.

       (A)     No plumber, owner or other unauthorized person shall turn the water on or off at any
corporate stop, curb stop or meter can, if any, or disconnect or remove the meter without village consent.

       (B)     All service lines on the consumer's side of the meter shall contain a stop and waste cock where
the water may be turned off on the water user's side of the curb meter can.

         (C)     (1)     In the event that the stop and waste cock has not been installed at the time of
conversion by the village to an electronic water meter, then the stop and waste cock shall be installed by the
village, at the water service customer’s or property owner's expense, whichever the case may be with respect
to the present service, which shall be billed to the water service customer or owner as the case may be based
on the current service.

               (2)      All services will be determined on a case-by-case basis upon actual cost to the village
of labor and materials.

         (D)      New connections shall be required to have the stop and waste cock valve, as set forth above,
at the time of the installation of the electronic meter and the main connection fee shall be as set forth elsewhere
in this code, together with the schedule of charges set forth in this section depending upon the size of the
service line, as set forth herein, if the stop and waste cock valve has not already been installed on the property.
(`75 Code, § 6-5-9) (Am. Ord. 166, passed 2-20-1996; Am. Ord. 204, passed 5-20-2003) Penalty, see §
10.99


§ 51.07 INSPECTION.

       All pipes, meters and fixtures shall, at all reasonable hours, be subject to inspection by duly authorized
employees of the village.
(`75 Code, § 6-5-10) Penalty, see § 10.99


§ 51.08 REPAIRS.

     All leaks in any pipe or fixture on the premises of the consumer shall be immediately repaired by the
consumer and, on failure to repair any leak, service may be discontinued until repairs are made.
(`75 Code, § 6-5-11) Penalty, see § 10.99
2006 S-3
                                    General Water and Sewer Provisions                                           27


§ 51.09 STORAGE OF WATER.

     (A) The village may reserve a sufficient supply of water, at all times, in its reservoirs or storage tanks to
provide for fires and other emergencies, and at such time as there may be a shortage of water or a danger
thereof, the Board of Trustees, by resolution, may limit the amount of water to be furnished to the minimum
required for health and sanitary purposes and place other restrictions on the use of water as may be necessary
to preserve the village water supply; provided that, nothing contained in this chapter shall be construed to
require the village to furnish water to consumers outside the corporate limits to the detriment of its inhabitants.

     (B) At such time as there may be a shortage of water or danger thereof, the Mayor, by declaration, may
declare an emergency and, by the declaration, place restrictions of the use of water as may be necessary to
protect the water supply of the village. The declaration shall be in effect until the next regular or special
meeting of the Board of Trustees.
(`75 Code, § 6-5-13) (Am. Ord. 86, passed 8-1-1978)


§ 51.10 LIENS.

      The village has a lien on each property served with the water and sewer system for charges imposed for
all services rendered by the system and notices of the liens shall be filed and enforced, as provided by law.
(`75 Code, § 6-5-15)


§ 51.11 SPECIAL CONSIDERATIONS.

     (A) Due to existing sewers and water mains and ground terrain, special consideration will be given where
requested and approved by the proper village authorities.
(`75 Code, § 6-5-18)

     (B) (1) All plans and specifications for water and sewer shall bear the approval of the New Mexico
Environmental Improvement Agency, in addition to the approval of the proper authorities of the village.

        (2) A minimum of 30 days will be required by the village for approval of plans and specifications.
(`75 Code, § 6-5-19)
28                                          Tularosa - Public Works


       (C)     (1)     The following water conservation measures shall be in effect at all times in the village
and no person, firm or corporation shall use any water from the municipal water system, except as follows.

                        (a)     Use of water through a sprinkler system or use of water through a hose to
water any grass, trees, plants or other vegetation shall be allowed as follows.

                            1.    Users with odd numbered addresses shall be permitted to use water in
the above manner on each Wednesday, Friday and Sunday.

                             2.     Users with even numbered addresses shall be permitted to use water in
the above manner on each Tuesday, Thursday and Saturday.

                                 3.      Watering in the above manner shall be prohibited between the hours of
10:00 a.m. and 6:00 p.m.

                         (b)     These restrictions shall apply to all residences and to all businesses and
institutions having lawns, gardens, trees or shrubs, and shall be followed at all parks and public buildings which
are watered with treated water. Areas watered with effluent, grey well water or water from the Tularosa
Community Ditch are exempted from these restrictions. These restrictions shall not apply to any person, firm
or corporation engaged in the business of growing or selling plants of any kind.

                        (c)     Newly seeded or sodded lawns or newly planted trees or shrubs shall be
exempted from the restrictions of this section for the time needed to establish the lawn, tree or shrub, and the
time needed to establish the lawn, tree or shrub does not exceed 60 days.

                  (2)      No person shall be convicted of violating this section unless the person in fact turned on
water, directed the turning on of water or kept water turned on after learning it was turned on in violation of
this section, or failed to turn off automatic devices capable of turning on water in violation of this section.

                  (3)   It will not be necessary, however, to present a witness who saw the accused turning on
the water, if circumstances indicate the accused did turn on the water.
(`75 Code, § 6-5-20) (Am. Ord. 172, passed 7-15-1997) Penalty, see § 10.99


§ 51.12 WATER WELLS.

       No new water well or existing water well shall be connected in any way to the village’s water system.
(Ord. 194, passed 5-16-2000) Penalty, see § 10.99
                                    General Water and Sewer Provisions                                          29


§ 51.13 EXTENSION POLICY.

     (A) All water and sewer main installed as a replacement of or an extension to the existing water and
sewer systems within the village, including subdivisions and individual line extensions, shall conform to the
requirements of this section and all other specifications set forth herein.

     (B) Minimum pipe size shall be as follows.

          (1) The minimum size of water main shall be six inches in diameter.

          (2) The minimum size of sewer main shall be eight inches in diameter.

           (3) Pipe sizes shall conform to any formally adopted water master plan or sewer master plan which
is in effect at the time the proposed water or sewer line is to be constructed.

    (C) Plans for water and sewer replacement or extension shall be prepared by a New Mexico Registered
Professional Engineer.

    (D) Specifications for water and sewer replacement or extension shall conform to New Mexico
Standard Specifications for Public Works Construction, current edition, as published by the New Mexico
Chapter, American Public Works Association, supplemented if necessary by the design engineer and
approved by the village.

    (E) Plans for water and sewer replacement or extension shall have been approved by the village, prior to
construction.

    (F) All water and sewer installations shall be inspected by the village. Construction work that has not
been inspected by the village will not be accepted by the village.

     (G) Upon completion of the construction work, reproducible record drawings conforming to the
information furnished by construction contractors in detail shall be furnished to the village by the owner of the
extension project.
(Ord. 143, passed 9-3-1991)
30                                         Tularosa - Public Works


                                WATER UTILITIES; SPECIFICATIONS


§ 51.25 PIPES.

     Pipe shall conform to New Mexico Plumbing Code as adopted from time to time.
(`75 Code, § 6-5-16) (Am. Ord. 204, passed 5-20-2003) Penalty, see § 10.99


§ 51.26 FITTINGS.

     Fittings shall conform to New Mexico Plumbing Code as adopted from time to time.
(`75 Code, § 6-5-16) (Am. Ord. 204, passed 5-20-2003) Penalty, see § 10.99


§ 51.27 HYDRANTS.

        Hydrants shall comply and be installed to conform to the New Mexico Plumbing Code as adopted
from time to time.
(`75 Code, § 6-5-16) (Am. Ord. 204, passed 5-20-2003) Penalty, see § 10.99


§ 51.28 MAINS.

         All mains and fire hydrants installed shall conform to the New Mexico Plumbing Code as adopted from
time to time.
(`75 Code, § 6-5-16) (Am. Ord. 204, passed 5-20-2003) Penalty, see § 10.99


§ 51.29 LINES; FLUSHING REQUIREMENTS.

       All lines shall be thoroughly flushed and sterilized in accordance with requirements of the New Mexico
State Department of Public Health.
(`75 Code, § 6-5-16)


§ 51.30 VILLAGE DUTIES; CONNECTIONS, LINES AND INSTALLATION.

          (A)   The village will make connections to the main and install corporation cocks, service lines and
meters.

          (B)   All lines shall be tested for a period of one hour at a pressure not less than the natural operating
pressure of the existing mains in the village.


2003 S-1
                                    General Water and Sewer Provisions                                         31


     (C) All water installations shall be inspected by the proper authorities of the village before being covered.
(`75 Code, § 6-5-16)


                                SEWER UTILITIES; SPECIFICATIONS


§ 51.40 PIPES.

     Pipe for all sewer mains shall be Class I vitrified clay. Service lines, where installed in streets or
roadways, shall be Class I vitrified clay.
(`75 Code, § 6-5-17)


§ 51.41 MANHOLES.

      Manholes shall be brick. Covers shall be provided with not more than four vent holes and shall weigh not
less than 300 pounds.
(`75 Code, § 6-5-17)


§ 51.42 MINIMUM SIZE.

     The minimum size of sewers shall be not less than eight inches. The minimum velocity shall be not less
than two feet per second. Coefficient of roughness for design shall be 0.013. Flow per person per day shall
be 100 gallons. Maximum flow per person per day shall be 150 gallons. Sewers shall be designed to carry
the average flow when flowing one-half full. The inserts of all laterals into the main are to be placed above the
end of the pipe in the main. Each manhole shall provide a drop of one-tenth of a foot, in addition to the normal
gradient. Manholes shall be spaced not greater than 400 feet. Where sewer services are tapped into the main,
a tee saddle shall be used.
(`75 Code, § 6-5-17)


§ 51.43 JOINTS.

     All joints will be made with an asphalt base mastic or compound.
(`75 Code, § 6-5-17)
2003 S-1
32                                        Tularosa - Public Works


§ 51.44 INSTALLATIONS.

     All sewer installations, whether mains or service lines attached to mains, must be inspected by the proper
authorities of the village before being covered.
(`75 Code, § 6-5-17)
2003 S-1
                                        CHAPTER 52: WATER


Section

                                 Maintenance and Protection of Supply

    52.01     Application
    52.02     Enforcement
    52.03     Picnicking
    52.04     Swimming
    52.05     Pollution
    52.06     Soil erosion
    52.07     Watering of livestock
    52.08     Declaration of nuisance
    52.09     Well and liquid waste disposal setback
    52.10     Running and irrigation of water

    52.99     Penalty




                        MAINTENANCE AND PROTECTION OF SUPPLY


§ 52.01 APPLICATION.

     All the provisions of this code of ordinances or rules and regulations adopted by the village are hereby
applicable to the village’s water supply known as Rio Tularosa, including all village-owned property
immediately adjacent thereto and within a five-mile area above the village water intake on the Rio Tularosa.
(Ord. 85, passed 7-18-1978)


§ 52.02 ENFORCEMENT.

     All peace officers employed by the village, state health officers, State Fish and Game officials and any
other village employee whose duties include the enforcement of the ordinances of the village are hereby
authorized and empowered to exercise jurisdiction over the enforcement of this subchapter.
(Ord. 85, passed 7-18-1978)
33
34                                         Tularosa - Public Works


§ 52.03 PICNICKING.

    Picnicking, eating or drinking on or littering of the streambed within the banks of the Rio Tularosa is
hereby prohibited.
(Ord. 85, passed 7-18-1978) Penalty, see § 52.99


§ 52.04 SWIMMING.

    No washing, wading, swimming, bathing or polluting of the waters of the Rio Tularosa in any manner
whatsoever shall be permitted.
(Ord. 85, passed 7-18-1978) Penalty, see § 52.99


§ 52.05 POLLUTION.

     The construction or keeping of any barn, corral, poultry or turkey yard, pasture or pig sty on any place or
premises of whatsoever kind, the drainage from which is capable of polluting, contaminating or rendering the
water impure or unwholesome, is hereby prohibited on the Rio Tularosa or its tributaries, and upon or adjacent
to the banks thereof, from the points of intake of the village water supply and service lines to the distance of
five miles above and upstream on the Rio Tularosa.
(Ord. 85, passed 7-18-1978) Penalty, see § 52.99


§ 52.06 SOIL EROSION.

     (A) It is prohibited to operate a motor vehicle of any kind within the banks or waters of the Rio Tularosa.

     (B) For the purpose of this section, the following definition shall apply unless the context clearly indicates
or requires a different meaning.

         MOTOR VEHICLE. Every vehicle which is self-propelled or is pulled or pushed by a self-
propelled vehicle.

     (C) It is prohibited for any person to alter or otherwise disturb the natural contours of the banks of the
Rio Tularosa without having first obtained the written consent of the Governing Body of the village. The
consent may be obtained by application to the Governing Body of the village. The application shall include
complete engineering plans prepared by a licensed engineer of the state for the alteration of the contours of the
banks of the Rio Tularosa and such consent may be given only after adequate assurance is provided that the
alteration shall not cause the water to be polluted or increase the possibility of the water being polluted or the
turbidity of the water of Rio Tularosa to be increased.
(Ord. 85, passed 7-18-1978) Penalty, see § 52.99
                                                      Water                                                      35


§ 52.07 WATERING OF LIVESTOCK.

        It shall be prohibited to water livestock directly from the waters of Rio Tularosa. Livestock may be
watered only after removal of the water from the Rio Tularosa and placement in a separate container located
outside the banks of Rio Tularosa.
(Ord. 85, passed 7-18-1978) Penalty, see § 52.99


§ 52.08 DECLARATION OF NUISANCE.

         The keeping, establishing or maintaining of any place or premises or the doing of any act prohibited by
this subchapter is hereby declared a nuisance and the nuisance may be abated by the village in accordance with
the law.
(Ord. 85, passed 7-18-1978) Penalty, see § 52.99


§ 52.09 WELL AND LIQUID WASTE DISPOSAL SETBACK.

        (A)     No part of any well for the production of water or other substances or any part of any liquid
waste disposal system shall be situated within 200 feet of the Rio Tularosa for a distance of five miles upstream
from the intake of the public water supply to the village.

         (B)     The Village Board of Trustees may grant a variance from the setback requirements by
application of any interested party who can prove that a proposed liquid waste disposal setback or well site
will afford the same protection to the public water supply to the village, as the setbacks as herein above set
forth.

        (C)     The burden of proof shall be upon the applicant to demonstrate to the satisfaction of the Board
of Trustees that the proposed liquid waste disposal system or well site shall provide the same or better
protection than setbacks provided for herein.

         (D)      The applicant shall be responsible for all engineering fees incurred by the village in evaluating
the applicant's proposal. The fees shall be agreed to by the applicant and paid prior to being incurred, as the
village will obtain a proposal from the engineer employed by the village to review the applicant's proposal and
respond to the inquiry of the Board of Trustees.
(Ord. 131, passed 11-21-1989)


§ 52.10 RUNNING AND IRRIGATION OF WATER.

    (A) It shall be unlawful to allow irrigation water to be turned on or otherwise allowed to run out of a
recognized and established ditch onto the public streets.
36                                         Tularosa - Public Works


     (B) Any person who permits the running of irrigation water from a ditch located on their property onto
the public streets or any person who is in control of an irrigation ditch who allows water to run out of the ditch
onto the public streets after notice by a police officer or other law enforcement official of the village to take
action as is necessary to prevent such water from running upon the streets shall violate this section and be
subject to punishment.
(Ord. 103, passed 7-5-1983) Penalty, see § 52.99




§ 52.99 PENALTY.

    (A) The keeping, establishing or maintaining of any place or premises or the doing of any act prohibited in
§§ 52.01 through 52.09 is hereby declared to be a misdemeanor and is punishable by a fine of not more than
$300 and/or imprisonment of not longer than 90 days.
(Ord. 85, passed 7-18-1978)

     (B) Any person violating § 52.10 shall be subject to penalties as provided in § 10.99.
                                  CHAPTER 53: INDUSTRIAL WASTE


Section

     53.01     Title
     53.02     Definitions
     53.03     Discharge prohibited
     53.04     Designated discharge
     53.05     Liquids and wastes; prohibited discharge
     53.06     Described substances
     53.07     Board judgement; handling of wastes
     53.08     Testing
     53.09     Traps provided
     53.10     Preliminary treatment; flow equalizing
     53.11     Control installation
     53.12     Samples
     53.13     Rate schedule
     53.14     Cost recovery system
     53.15     Industrial charge
     53.16     House connections
     53.17     Sanitary sewer line and construction


§ 53.01 TITLE.

     This chapter shall be known as the Industrial Waste Chapter of the village.
(`75 Code, § 6-6-1)


§ 53.02 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

    C.O.D. or CHEMICAL OXYGEN DEMAND. A measure of the oxygen-consuming capacity of
organic and inorganic matter present in wastewater as milligrams per liter (mg/l).

                                                        37
38                                        Tularosa - Public Works


     DOMESTIC SEWAGE.

           (1) Water-borne wastes normally discharging from the sanitary conveniences of buildings, including
apartment houses and hotels, office buildings, factories and institutions, free from storm surface water and
industrial wastes.

         (2) NORMAL DOMESTIC SEWAGE shall mean NORMAL sewage for the village.

     GARBAGE. Solid wastes from preparation, cooking and dispensing of food, and from the handling,
storage and sale of produce.

     INDUSTRIAL LIQUID WASTES. All water borne solids, liquids or gaseous wastes resulting from
any industrial, manufacturing or food processing operation or process, or from the development of any natural
resource, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.
INDUSTRIAL PROCESSES shall include, but are not limited to production or refining of petroleum and
petroleum products, processing of foods or beverages, the production of fertilizers, keeping of livestock and
operation of dairies, manufacture of paper, production of dying of textiles, production of soap or detergents or
chemicals, cleaning of tanks, tank cars or barrels, plating of metals, processing or reclamation of refuse, all
kinds of manufacturing and other similar operations, the washing of equipment or spaces used in industrial
operations and the disposal of waste products contained in liquids from laundries, hospitals, grocery stores,
restaurants and other public establishments. Unless the sewage contains the waste substances above
described, INDUSTRIAL LIQUID WASTE shall not include wastewater resulting from the operation of
hotels, motels, schools or other retail establishments other than those listed above, nor shall INDUSTRIAL
LIQUID WASTE include wastewater from the operation of vehicle service stations, wash racks or garages.
LIQUID INDUSTRIAL WASTE shall not include any domestic sewage from industrial or retail
establishments.

    INTERFERENCE WITH ANY SEWAGE TREATMENT PROCESS. Any condition or
combination of conditions which causes degradation of the operational efficiency of a sewage treatment
process.

     pH. The logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution.

     PUBLIC SEWER. A sewer in which all owners of abutting properties shall have equal rights and is
controlled by public authority.

    SANITARY SEWER or SEWERAGE SYSTEM. A public sewer which transports sewage and to
which storm, surface and ground water are not intentionally admitted.

       SETTLEABLE SOLIDS. Those solids which settle during a preselected period of time as expressed in
milliliters per liter of sample.
                                                Industrial Waste                                                39


     SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions
and industrial establishments.

     SEWAGE TREATMENT PLANT or SEWAGE WORKS. Any facility, devices and structures used
for receiving and treating sewage from the sanitary sewer system.

     STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of
analysis, of Standard Methods for the Examination of Water and Sewage, as prepared, approved and
published jointly by the American Public Health Association and American Water Works Association and the
Water Pollution Control Federation.

    STORM SEWER. A sewer which carries storm and surface waters and drainage, but excludes sewage
and polluted industrial wastes.

      TRAP. A device for retaining sand, silt, grit mineral material, petroleum solvent, grease or oil by gravity-
differential separation from wastewater and of a design and a capacity approved by the village.

     UNPOLLUTED PROCESS WATER. Any water or waste containing none of the following: free or
emulsified grease or oil, acid or alkali, phenols or other substances imparting taste and odor to receiving water;
toxic substances in suspension, colloidal state or solution; and noxious or odorous gases.
(`75 Code, § 6-6-2)


§ 53.03 DISCHARGE PROHIBITED.

     No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof
runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any
sanitary sewer.
(`75 Code, § 6-6-3) Penalty, see § 10.99


§ 53.04 DESIGNATED DISCHARGE.

     (A) Storm water and all other unpolluted drainage shall be discharged to sewers as are specifically
designated as storm sewers or to a natural outlet approved by the Governing Body of the village.

     (B) Industrial cooling water or unpolluted process waters may be discharged on approval of the
Governing Body of the village to a storm sewer or natural outlet.
(`75 Code, § 6-6-4) Penalty, see § 10.99
40                                           Tularosa - Public Works


§ 53.05 LIQUIDS AND WASTES; PROHIBITED DISCHARGE.

        No person shall discharge or cause to be discharged any of the following described liquids or wastes
to any public sewers:

        (A)     Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

        (B)      Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient
quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the
receiving waters of the sewage treatment plant, including, but not limited to cyanides in excess of two mg/l as
CN in the wastes as discharges to the public sewer;

        (C)     Any herbicides and pesticides;

       (D)     Any waters or wastes having a pH lower than 5.5 or having any other corrosive property
capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

        (E)     Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow
in sewers, or other interference with the proper operation of the sewage works such as, but not limited to
ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers and the like
either whole or ground by garbage grinders; and

        (F)     (1)     Any amount of the following heavy metals:

                        (a)     Antimony;

                        (b)     Arsenic;

                        (c)     Barium;

                        (d)     Beryllium;

              (e) Bismuth;

              (f) Boron;

              (g) Cadmium;

              (h) Chromium (Tri);
                                                 Industrial Waste                                41


              (i) Chromium (Hexes);

              (j) Cobalt;

              (k) Copper;

              (l) Iron;

                       (m)               Lead;

                       (n)     Manganese;

                       (o)     Mercury;

                       (p)     Molybdenum;

                       (q)     Nickel;

                       (r)     Rhenium;

                       (s)     Selenium;

                       (t)     Silver;

                       (u)     Strontium;

                       (v)     Tellurium;

                       (w)     Tin;

                       (x)     Uranyl ion; and

              (y) Zinc.

        (2) Dilution of toxic materials and heavy metals in lieu of removal is not acceptable.
(`75 Code, § 6-6-5) Penalty, see § 10.99
42                                         Tularosa - Public Works


§ 53.06 DESCRIBED SUBSTANCES.

     (A) No person shall discharge or cause to be discharged the following described substances, materials,
waters or wastes if it appears likely, in the opinion of the Governing Body of the village, that the wastes can
harm either the sewers, sewage treatment process or equipment, have an adverse affect on the receiving
stream, or can otherwise endanger life, limb, public property or constitute a nuisance.

     (B) In forming an opinion as to the acceptability of these wastes, the Governing Body of the village will
give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the
sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the
sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent
factors.

     (C) The substances which must be considered are:

          (1) Any liquid or vapor having a temperature higher than 150°F or 65°C;

         (2) Any water or waste containing fats, grease, wax or oils, whether emulsified or not, in excess of
100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and
150°F and 0°C and 65°C;

          (3) Any garbage that has not been properly shredded; (The installation and operation of any
garbage grinder larger than those normally manufactured and sold for residential and noncommercial use will
not be installed without specific review and approval by the Governing Body of the village.)

          (4) Any waters or wastes containing strong acid, iron pickling wastes or concentrated plating
solutions can not be discharged to the sewerage system unless completely neutralized and approved by the
Governing Body of the village for discharge;

          (5) Any waters or wastes containing reducing substances of an organic or inorganic nature, toxic or
nontoxic, which exert an immediate chlorine demand if the discharge of such agents will prevent the
achievement of an adequate chlorine residual in the effluent of the wastewater treatment facility;

         (6) Any waters or wastes containing phenols or other taste or odor-producing substances, in
concentrations exceeding limits established by the Governing Body of the village, after treatment of the
composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for the
discharge to the receiving waters;

          (7) Any radioactive wastes or isotopes of a half-life or concentration as may exceed limits
established by the Governing Body of the village in compliance with applicable state and federal regulations;
                                                Industrial Waste                                               43


          (8) Any waters or wastes having a pH in excess of 9.5;

          (9) Materials which exert or cause:

                (a) Unusual concentrations of inert suspended solids (such as, but not limited to Fullers earth,
lime slurries and lime residues) or of dissolved solids (such as, but not limited to sodium chloride and sodium
sulfate);

              (b) Excessive discoloration (such as, but not limited to dye wastes and vegetable tanning
solutions);

                (c) Unusual chemical oxygen demand or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works; and

                (d) Slugs or shocks constituting an unusual volume of flow or concentration of wastes which
will disturb the normal functioning of either the sewage treatment plant and/or collection system.

          (10) Waters or wastes containing substances which are not amenable to treatment or reduction by the
sewage treatment process employed, or are amenable to treatment only to a degree that the sewage treatment
plant effluent can not meet the requirements of agencies having jurisdiction over discharge to the receiving
waters.
(`75 Code, § 6-6-6)


§ 53.07 BOARD JUDGMENT; HANDLING OF WASTES.

     (A) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers,
which waters contain the substances or possess the characteristics enumerated in § 53.06, and which in the
judgment of the Governing Body of the village may have a deleterious effect upon the sewage works,
processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public
nuisance, the Governing Body of the village may:

          (1) Reject the wastes;

          (2) Require pretreatment to an acceptable condition for discharge to the public sewers; or

          (3) Require control over the quantities and rates of discharge.

     (B) If the Governing Body of the village permits the pretreatment or equalization of waste flows, the
design and installation of the plants and equipment shall be subject to the review and approval of the Governing
Body of the village and state regulations and shall be subjected to the requirements of all applicable codes,
ordinances and laws.
(`75 Code, § 6-6-7)
44                                          Tularosa - Public Works


§ 53.08 TESTING.

     Testing of an industrial waste will be performed by the Governing Body of the village. If either the
Governing Body of the village or the industry requires more frequent tests, then those tests will be paid by the
party requesting the analyses.
(`75 Code, § 6-6-8)


§ 53.09 TRAPS PROVIDED.

      Grease, oil and sand traps shall be provided when, in the opinion of the Governing Body of the village,
they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any
flammable wastes, sand or other harmful ingredients, except that the traps shall not be required for private
living quarters or dwelling units. All traps shall be of a type and capacity approved by the Governing Body of
the village and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and
oil traps shall be installed in all new filling stations, garages, restaurants and other new facilities wherein heavy
discharge of grease and oil is to be expected.
(`75 Code, § 6-6-9)


§ 53.10 PRELIMINARY TREATMENT; FLOW EQUALIZING.

     Where preliminary treatment or flow-equalizing facilities are provided for any water or wastes, they shall
be maintained continuously in satisfactory and effective operation by the owner at his or her expense.
(`75 Code, § 6-6-10)


§ 53.11 CONTROL INSTALLATION.

     When required by the Governing Body of the village, the owner of any property serviced by a building
sewer carrying liquid industrial wastes shall install a suitable control manhole together with the necessary meters
and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the
wastes. The manhole, when required, shall be accessibly and safely located, constructed in a manner as to
prevent infiltration of ground and surface waters, and should be constructed in accordance with plans
approved by the Governing Body of the village. The manhole shall be installed by the owner, at his or her
expense, and shall be maintained by him or her so as to be safe and accessible at all times.
(`75 Code, § 6-6-11)
                                                Industrial Waste                                                 45


§ 53.12 SAMPLES.

     All measurements, tests and analyses of the characteristics of waters and wastes shall be determined in
accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater,
published by the American Public Health Association, and shall be determined at the control manhole provided
or upon suitable samples taken at the control manhole. The control manhole shall be located so that sampling
of the industrial waste will be performed before discharge into the public sewerage system. Sampling shall be
carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to
determine the existence of hazards to life, limb and property. (The particular analyses involved will be
determined whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample
or samples should be taken. Normally, but not always, C.O.D. and settleable solids analyses are obtained
from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples.)
(`75 Code, § 6-6-12)


§ 53.13 RATE SCHEDULE.

     The Governing Body of the village shall take necessary steps to establish a rate schedule for sewer service
that assures an equitable system of cost recovery. The purpose hereof is that the industrial users shall pay for
the costs incurred by the Governing Body of the village in the construction, operation and maintenance of that
portion of the wastewater treatment facilities related to industrial wastes.
(`75 Code, § 6-6-13)


§ 53.14 COST RECOVERY SYSTEM.

     The cost recovery system shall satisfy the following conditions.

     (A) The apportionment of costs must take into consideration the individual industrial user's contribution as
related to the total waste load taking into account the volume and strength of all discharges.

     (B) The costs to be considered should include:

          (1) Amortization of the applicant's indebtedness for the cost of the treatment facilities (plant and
interceptors);

          (2) Operation and maintenance of the treatment facilities; and

          (3) Any additional costs which are necessary to assure adequate treatment on a continuous basis.
46                                        Tularosa - Public Works


     (C) Substantial pre-payment of the capital investment or other financial commitments will be required
from each industry that contributes 30% or more of the total volume or strength of the waste load to be treated
by the project.
(`75 Code, § 6-6-14)


§ 53.15 INDUSTRIAL CHARGE.

     (A) (1) The industrial charge will be calculated with the following formula:

           IC = A + (K)(V) 1 + a (SS-5) + b(COD-400)
                                        5          400

           (2) Where:

              (a) IC = Industrial charge, dollars per year.

              (b) V = Volume discharge, gallons per year.

              (c) SS = Settleable solids of a given industrial waste, ml/l.

              (d) a = 0.6 = That fraction of the total cost which is attributable to settleable solids removal.

              (e) b = 0.4 = That fraction of the total cost which is attributable to chemical oxygen demand
removal.

             (f) A = Basic annual charge levied for being connected; whether or not sewage or other
wastewaters are being discharged to the system, dollars per year.

              (g) K = Annual charge per unit volume of waste, dollars per million gallons.

              (h) COD = Chemical oxygen demand of a waste, mg/l.

    (B) (1) If settleable solids concentration is less than five ml/l and chemical oxygen demand is less than
400 mg/l, the following formula shall apply:

           IC = A + (K)(V)

        (2) Where the terms are defined as in division (A)(2) above.
(`75 Code, § 6-6-15)
                                              Industrial Waste                                              47


§ 53.16 HOUSE CONNECTIONS.

     All house connections shall be regulated by and conform to the latest edition of the Plumbing Code of the
state.
(`75 Code, § 6-6-16)


§ 53.17 SANITARY SEWER LINE AND CONSTRUCTION.

     All new sanitary sewer line design and construction shall conform to the Uniform Standard
Specifications for Public Works Construction Projects, 1970 Interim Edition, and applicable provisions of
ASTM C.443. Should a conflict exist, the Uniform Standard Specifications for Public Works
Construction Projects shall prevail.
(`75 Code, § 6-6-17)
48               Tularosa - Public Works


2




               TITLE VII: TRAFFIC CODE

     Chapter

               70. GENERAL PROVISIONS
                                              1
2                                  Tularosa - Traffic Code
                             CHAPTER 70: GENERAL PROVISIONS


Section

    70.01    Amendments; 2004 New Mexico Uniform Traffic Ordinance
    70.02    Penalty assessment misdemeanors; definitions; schedule of assessments
    70.03    Penalty assessment misdemeanors; option; penalty; effect
    70.04    Speed limits
    70.05    Stopping, standing or parking prohibited in specific places
    70.06    Street or highway
    70.07    Maximum penalty
    70.08    Reserved
    70.09    Preference to vehicles upon streets
    70.10    Permitted traffic control devices
    70.11    Prohibited signage
    70.12    Administrative designation
    70.13    School bus
    70.14    Subsequent offender
    70.15    Vehicle
    70.16    Operation of vehicle on approach of authorized emergency vehicle; of oncoming vehicle - yield
             right-of-way
    70.17    Child passenger restraint; penalty; enforcement
    70.18    Operating a motor vehicle under the influence of intoxicating liquor or drugs; penalties;
             sentencing; fees
    70.19    Ordinance available for inspection
    70.20    Copies of ordinance for purchase




§ 70.01 AMENDMENTS; 2004 NEW MEXICO UNIFORM TRAFFIC ORDINANCE.

      (A) Except as otherwise provided herein, the 2004 New Mexico Uniform Traffic Ordinance, being a
traffic code, is adopted by reference pursuant to NMSA § 3-17-6.

     (B) The following sections of the 2004 New Mexico Uniform Traffic Ordinance are amended or adopted
to read as set out below.
(Ord. 183, passed 5-19-1998; Am. Ord. 187, passed 9-15-1998; Am. Ord. 202, passed 10-15-2002; Am.
Ord. 211, passed 7-20-2004)




                                                      3
2006 S-3
4                                          Tularosa - Traffic Code


§ 70.02 PENALTY ASSESSMENT MISDEMEANORS; DEFINITIONS; SCHEDULE OF
ASSESSMENTS (§ 12-12-2-1).

    (A) Section 12-12-2.1 is amended to read as follows:

     As used in the Uniform Traffic Code, the term PENALTY ASSESSMENT MISDEMEANOR means
violation of any of the following listed sections of the New Mexico Statutes Annotated 1978 which have a
corresponding section in the Uniform Traffic Ordinance for which the listed penalty assessment is established:

                Common Name of Offense                       Section Violated           Penalty
                                                                                       Assessment




                       Flashing signals                           12-5-8                    $50




             Permitting unlicensed child to drive              12-6-12.23A                  $25




                    Speeding regulations                          12-6-1




            Up to and including 10 mph over speed limit                                     $25




             From 11 up to and including 15 mph over                                        $30
                           speed limit
       Common Name of Offense                   Section Violated    Penalty
                                                                   Assessment




   From 16 up to and including 20 mph over                            $65
                 speed limit




   From 21 up to and including 25 mph over                           $100
                 speed limit




   From 26 up to and including 30 mph over                           $125
                 speed limit




   From 31 up to and including 35 mph over                           $150
                 speed limit




     More than 35 mph over the speed limit                           $200




        Minimum speed regulations                  12-6-1.5           $25




         Overtaking vehicle on left                12-6-2.3           $25




Limitations on overtaking vehicle on the left      12-6-2.4           $25
2006 S-3
                                               General Provisions                            5



                 Common Name of Offense                      Section Violated    Penalty
                                                                                Assessment




       No passing zones and restrictions on passing                 12-6-2.7       $25




                     Following too closely                      12-6-2.13          $25




                   Driving on divided street                    12-6-2.14          $25




       Vehicle approaching or entering intersection                 12-6-4.1       $25




              Vehicle turning left into intersection                12-6-4.2       $25




           Vehicle entering stop or yield intersection              12-6-4.3       $25




                 Limitation on turning around                       12-6-5.5       $25




                    Starting parked vehicle                         12-6-5.7       $25
           Common Name of Offense                     Section Violated    Penalty
                                                                         Assessment




Turning and stopping movements and required signals      12-6-5.8           $25




          Stopping, standing and parking                  12-6-6            $25




               Special stops required                     12-6-7            $25




              Stopping for school bus                    12-6-7.3          $100




     Operators and chauffeurs must be licensed           12-6-12.5          $25




               Limitations on backing                    12-6-12.9          $25




     Child not in restraint device or safety belt       12-6-13.12          $50




            Mandatory use of seat belts                 12-6-13.13          $50




Possession or consumption of alcoholic beverages in     12-6-13.14          $50
          open containers - first offense
              Common Name of Offense                       Section Violated    Penalty
                                                                              Assessment




       Destructive or injurious material on roadway           12-6-13.5         $100




2006 S-3
6                                         Tularosa - Traffic Code



              Common Name of Offense                       Section Violated    Penalty
                                                                              Assessment




                        Littering                             12-6-13.15        $300




                   Pedestrian violation                        12-6-14           $25




               Drivers to exercise due care                   12-6-14.8          $25




      Parking in designated disabled parking places             12-9-9          $100




            When lighted ramps are required                   12-10-1.3          $25




                 Headlamps on vehicles                        12-10-1.5          $25
                 Common Name of Offense                         Section Violated            Penalty
                                                                                           Assessment




                       Dimming of lights                            12-10-1.6                   $25




                           Tail lamps                               12-10-1.7                   $25




                 Mufflers, prevention of noise                     12-10-1.10                   $25




               Lamp or flag on projecting load                     12-10-1.11                   $25




           Display of current valid registration plate               12-10-4                    $25




    Evidence of registration to be signed and exhibited on           12-10-5                    $25
                           demand




     (B) The term PENALTY ASSESSMENT MISDEMEANOR does not include any violation which
has caused or contributed to the cause of an accident resulting in injury or death to any person.

      (C) When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in
lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty
assessment established for the particular penalty assessment misdemeanor and no probation imposed upon a
suspended or deferred sentence shall exceed 90 days.

    (D) The penalty assessment for speeding in violation of Section 12-6-1.2(4) of the Uniform Traffic
Ordinance is twice the penalty assessment established in division (A) of this section for the equivalent miles per
hour over the speed limit.

      (E) In addition to the penalty assessment established for each penalty assessment misdemeanor pursuant
to this section, there shall be assessed the following fees for each penalty assessment misdemeanor: a $20
corrections fee; a $6 court automation fee; and a $2 judicial education fee.
(Am. Ord. 202, passed 10-15-2002; Am. Ord. 204, passed 5-20-2003; Am. Ord. 211, passed 7-20-2004)




2006 S-3
                                              General Provisions                                                7


§ 70.03 PENALTY ASSESSMENT MISDEMEANORS; OPTION; PENALTY; EFFECT
(§ 12-12-1.4).

    Section 12-12-1.4 is amended to read as follows:

     (A) Unless a warning notice is given at the time of making an arrest for any penalty assessment
misdemeanor, the arresting officer shall offer the alleged violator the option of accepting a penalty assessment.
The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense
stated in the notice, and payment of the prescribed penalty assessment is a complete satisfaction of the
violation.

     (B) Payment of any penalty assessment must be made by mail to the Municipal Court, Village of
Tularosa, New Mexico, within 30 days from the date of arrest. Payments of penalty assessments are timely if
postmarked within the time limits set from the date of the arrest. The Court Clerk shall issue a receipt when a
penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received
are sufficient receipt.

     (C) No record of any penalty assessment payment is admissible as evidence in any court in any civil
action.

      (D) If a penalty assessment is not paid within 30 days from date of arrest, the violator may be prosecuted
for the violation charged on the penalty assessment notice in a manner as if a penalty assessment notice had not
been issued. Upon conviction in such prosecution, the court may impose penalties as provided by the New
Mexico Uniform Traffic Ordinance (Section 12-12-1.1) or other law relating to motor vehicles for the
particular offense charges, and the schedule of penalty assessments may not apply.

     (E) In addition to the prosecution provided for in division (D), it is a misdemeanor for any person who
has elected to pay a penalty assessment to fail to do so within 30 days from the date of arrest.

      (F) The office of the Municipal Court shall notify the Division of Motor Vehicles of the State of New
Mexico when a person fails to pay a penalty assessment within the required period of time. The Department of
Motor Vehicles shall report the notice upon the driver's record and shall not renew the person's license to drive
until the office of the Municipal Court notifies the Department of Motor Vehicles that the penalty assessment,
or its equivalent, as well as any additional penalties imposed are properly disposed of.
(Am. Ord. 202, passed 10-15-2002; Am. Ord. 211, passed 7-20-2004)
§ 70.04 SPEED LIMITS (§ 12-6-1.2).

    Section 12-6-1.2 is amended as follows:

    (A) No person shall drive a vehicle on a street or detour at a speed greater than:

          (1) Fifteen miles per hour on all streets when passing a school while children are going to, or leaving
school, and when the school zone is properly posted;

2006 S-3
8                                          Tularosa - Traffic Code


         (2) Twenty miles per hour in any business or residence district;

         (3) The lawfully posted speed limit when signs are erected giving notice of the speed limit; or

         (4) The posted speed limit in construction zones posted as double fine zones or other safety zones
posted as double fine zones as designated by the municipality or Highway and Transportation Department,
provided that the posted speed limit be determined by an engineering study performed by the State Highway
and Transportation Department.

    (B) In every event, speed shall be so controlled as may be necessary:

         (1) To avoid colliding with any person, vehicle or other conveyance on, or entering, the street;

        (2) To comply with legal requirements as may be established by the municipality, the State Highway
Department or the New Mexico State Police, and the duty of all persons to use due care; and

         (3) To protect workers in construction zones posted as double fine zones or other safety zones
posted as double fine zones as designated by the municipality or Highway and Transportation Department.
(NMSA § 66-7-301) (Am. Ord. 202, passed 10-15-2002; Am. Ord. 211, passed 7-20-2004)


§ 70.05 STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIC PLACES (§ 12-6-
6.1).

     Section 12-6-6.1A is amended by adding a new subpart (17) as follows: (17) at any time which
obstructs entrance into the garage doors of the Fire Station.
(Am. Ord. 202, passed 10-15-2002; Am. Ord. 211, passed 7-20-2004)


§ 70.06 STREET OR HIGHWAY (§ 12-1-76).

    Section 12-1-76 is amended to read as follows: STREET or HIGHWAY means any way or place
generally open to the use of the public as a matter of right and every way, place or parking lot, regardless of
ownership, used for the purpose of vehicular travel, even though it may be temporarily closed or restricted for
the purpose of construction, maintenance, repair or reconstruction.
(Am. Ord. 202, passed 10-15-2002; Am. Ord. 211, passed 7-20-2004)




2006 S-3
                                              General Provisions                                                 9


§ 70.07 MAXIMUM PENALTY (§ 12-12-1.1).

    Section 12-12-1.1 is amended to read as follows: Unless another penalty is expressly provided in this
Ordinance or as otherwise provided by state law, every person convicted of a violation of any provision of this
Ordinance shall be punished by a fine of not more than $500 or by imprisonment for not more than 90 days or
by both such fine and imprisonment.
(Am. Ord. 202, passed 10-15-2002; Am. Ord. 211, passed 7-20-2004)


§ 70.08 RESERVED.


§ 70.09 PREFERENCE TO VEHICLES UPON STREETS (§ 12-6-15).

     Section 12-6-15 is hereby amended to read as follows:

      (A) The provisions of Article VI of this Ordinance relating to the operation of vehicles, refer exclusively
to the operation of vehicles upon the streets or highways, except where a different place is specifically referred
to in a given section or § 12-6-15(B).

     (B) The provisions of Article VI of this Ordinance, Section 12-6-12.1 through 12-6-12.3, Section 12-6-
4, Section 12-6-5.7, Section 12-6-12.4, Section 12-6-12.9, Section 12-6-13.8, Section 12-9-9 and Section
12-6-12.7 of this Ordinance shall apply upon the streets and highways and in privately-owned parking lots
throughout this municipality which are open to the public as a matter of course as business invitees.
(Am. Ord. 202, passed 10-15-2002; Am. Ord. 211, passed 7-20-2004)


§ 70.10 PERMITTED TRAFFIC CONTROL DEVICES (§ 12-5-15).

     Section 12-5-15 is hereby adopted to read as follows:
      (A) Private parties and commercial entities constructing streets, alleys, and rights-of-way within the village
shall place and maintain traffic control devices necessary to regulate, warn, and guide traffic on those streets,
alleys, and rights-of-way. The traffic control devices shall conform to standards and conventions provided by
Section 12-5-2. The village shall have jurisdiction to approve all traffic control devices placed and maintained
by those private parties, contractors, or developers. When such streets, alleys, and rights-of-way are ceded to
the village and accepted by the village as public rights-of-way for public use, the village assumes responsibility
for the placement and maintenance of necessary traffic control devices.

     (B) Construction contractors and public utilities are permitted to erect temporary traffic control devices
to protect the public, workers, and equipment during short term projects. The devices shall conform to the
provisions of Section 12-5-2, and the Chief of Police or his or her designated

2006 S-3
10                                          Tularosa - Traffic Code


representative shall be notified at least 24 hours prior to the initiation of planned projects and the location of
such projects. In the event of an emergency project, the Police Department shall be notified as soon as
possible concerning the project location. A short-term project for the purpose of this section is a project that
may be completed in less than eight hours but shall not take more than five consecutive days to complete.

     (C) Parties or entities required to place and maintain traffic control devices in their construction areas or
on their projects shall review the current edition of the “Manual on Uniform Traffic Control Devices” on file at
the village office or consult the New Mexico State Highway and Transportation Department to obtain in
guidance on standards and conventions provided by Section 12-5-2.
(Ord. 211, passed 7-20-2004)


§ 70.11 PROHIBITED SIGNAGE (§ 12-5-16).

     Section 12-5-16 is hereby adopted to read as follows:

     (A) No traffic control device or its support shall bear any advertising or commercial message, or any
other message that is not essential to traffic control. Traffic control devices erected and placed by a private
party or commercial entity shall not identify the party or entity placing the device.

   (B) No sign bearing a commercial or advertising message shall contain a traffic control device as a
component of that sign.

      (C) Any unauthorized traffic control device placed on a village right-of-way by a private individual or
organization, or commercial entity shall constitute a public nuisance and such unofficial and nonessential devices
shall be removed upon instruction by the Chief of Police.

    (D) It shall be unlawful to maintain any such prohibited signage.
(Ord. 211, passed 7-20-2004)
§ 70.12 ADMINISTRATIVE DESIGNATION (§ 12-5-17).

    Section 12-5-17 is hereby adopted to read as follows:

      (A) Responsibility. The Chief of Police is responsible for the administration of this Article and
reasonable rules and regulations may be prescribed by the Chief of Police to carry out the intent and purpose
of this Article.

     (B) Investigation. The Chief of Police or his or her designated representative shall have the authority to
investigate any complaint concerning violations of this chapter.




2006 S-3
                                              General Provisions                                               11


     (C) Enforcement. The Chief of Police or his or her designated representative shall have the authority to
issue citations for violation of this chapter and to perform such other duties as are prescribed herein.

      (D) Traffic control devices and signage authority. The Chief of Police is responsible for identifying,
selecting and approving locations and types of all traffic control devices located on all streets, alleys, and
rights-of-way. The Chief of Police is responsible for approving or disapproving requests for the placements
and types of traffic control devices by private parties, commercial entities, contractors, or developers under the
provisions of this chapter.
(Ord. 211, passed 7-20-2004)


§ 70.13 SCHOOL BUS (§ 12-1-67).

    Section 12-1-67 is amended to read as follows:

     SCHOOL BUS means any motor vehicle operating under the jurisdiction of the State Board of
Education or private school or parochial school interests which is used to transport children, students or
teachers to and from schools or to and from any school activity, but not including any vehicle:

        (1) Operated by a common carrier, subject to and meeting all requirements of the State Corporation
Commission but not used exclusively for the transportation of students;

         (2) Operated solely by a government-owned transit authority, if the transit authority meets all safety
requirements of the State Corporation Commission but is not used exclusively for transportation of students; or

         (3) Operated as a per capita feeder as defined in NMSA § 22-16-6.
(NMSA § 66-1-4.16) (Ord. 215, passed 8-16-2005)


§ 70.14 SUBSEQUENT OFFENDER (§ 12-1-77).

     Section 12-1-77 is amended to read as follows:

     SUBSEQUENT OFFENDER means a person who was previously a first offender and who again,
under state law, federal law, or municipal ordinance, has been adjudicated guilty of the charge of driving a
motor vehicle while under the influence of intoxicating liquor or any drug which rendered the person incapable
of safely driving a motor vehicle regardless of whether the person’s sentence is suspended or deferred.
(NMSA § 66-1-4.16) (Ord. 215, passed 8-16-2005)




2006 S-3
12                                          Tularosa - Traffic Code


§ 70.15 VEHICLE (§ 12-1-88).

     Section 12-1-88 is amended to read as follows:

     VEHICLE means every device in, upon, or by which, any person or property is or may be transported
or drawn upon a street, including any frame, chassis, body or unitized frame and body of any vehicle or motor
vehicle, except devices moved by human power or used exclusively upon stationary rails or tracks.
(NMSA § 66-1-4.19) (Ord. 215, passed 8-16-2005)


§ 70.16 OPERATION OF VEHICLE ON APPROACH OF AUTHORIZED EMERGENCY
VEHICLE; OF ONCOMING VEHICLE - YIELD RIGHT-OF-WAY (§ 12-6-7.4).

     Section 12-6-7.4 is amended to read as follows:

      (A) Upon the immediate approach of an authorized emergency vehicle displaying flashing emergency
lights or when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other
vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible
to, the right-hand edge or curb of the street clear of any intersection and shall stop and remain in that position,
until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

     (B) Upon approaching a stationary authorized emergency vehicle displaying flashing emergency lights,
unless otherwise directed, the driver of a vehicle shall:

          (1) If reasonably safe to do so, drive in a lane not adjacent to where the authorized emergency
vehicle is stopped, decrease the speed of the vehicle to a speed that is reasonable and prudent under the
circumstances and proceed with caution; or

          (2) If it is not reasonably safe to drive in a lane not adjacent to where the authorized emergency
vehicle is stopped, decrease the speed of the vehicle to a speed that is reasonable and prudent under the
circumstances, proceed with caution and be prepared to stop.
(NMSA § 66-7-332)

     (C) Upon the immediate approach of an oncoming vehicle overtaking or attempting to overtake a vehicle
proceeding in the same direction, the driver of that vehicle shall yield the right-of-way and shall drive to a
position to and as close as possible to the right-hand edge or curb of the roadway and shall remain as close as
possible to the right-hand edge or curb of the roadway until the oncoming vehicle has passed.
(NMSA § 66-7-332.1)




2006 S-3
                                               General Provisions                                                 13


    (D) This section shall not operate to relieve the driver of an authorized emergency vehicle or the driver of
an oncoming vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(NMSA §§ 66-7-322 and 66-7-322.1) (Ord. 215, passed 8-16-2005)


§ 70.17 CHILD PASSENGER RESTRAINT; PENALTY; ENFORCEMENT (§ 12-6-13.12).

     Section 12-6-13.12 is amended to read as follows:

    (A) A person shall not operate a passenger car, van or pickup truck in this state except for an authorized
emergency vehicle, public transportation or school bus unless all passengers less than 18 years of age are
properly restrained.

     (B) Each person less than 18 years of age shall be properly secured in a child passenger restraint device
or by a seat belt, unless all seating positions equipped with seat belts are occupied, as follows:

           (1) Children less than one year of age shall be properly secured in a rear-facing child passenger
restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat. If the
vehicle is not equipped with a rear seat, the child may ride in the front seat of the vehicle if the passenger-side
air bag is deactivated or if the vehicle is not equipped with a deactivation switch for the passenger-side air bag;

          (2) Children one year of age through four years of age, regardless of weight, or children who weigh
less than 40 pounds, regardless of age, shall be properly secured in a child passenger restraint device that
meets federal standards;
         (3) Children five years of age through six years of age, regardless of weight, or children who weigh
less than 60 pounds, regardless of age, shall be properly secured in either a child booster seat or an
appropriate child passenger restraint device that meets federal standards; and

         (4) Children seven years of age through 12 years of age shall be properly secured in a child
passenger device or by a seat belt.

     (C) A child is properly secured in an adult seat belt when the lap belt properly fits across the child's thighs
and hips and not the abdomen. The shoulder strap shall cross the center of the child's chest and not the neck,
allowing the child to sit all the way back against the vehicle seat with knees bent over the seat edge.

     (D) Failure to be secured by a child passenger restraint device or by a safety belt as required by this
section shall not in any instance constitute fault or negligence and shall not limit or apportion damages. (NMSA
§ 66-7-369) (Am. Ord. 202, passed 10-15-2002; Am. Ord. 215, passed 8-16-2005)




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14                                          Tularosa - Traffic Code


§ 70.18 OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING
LIQUOR OR DRUGS; PENALTIES; SENTENCING; FEES (§ 12-6-12.1).

     Section 12-6-12.1 is amended to read as follows:

     (A) If a person is convicted of driving a motor vehicle while under the influence of intoxicating liquor or
drug (Section 12-6-12.1(A) through (D)) the trial judge shall be required to inquire into the past driving record
of the person before sentence is entered in the matter.
(NMSA § 66-8-110)

     (B) When a person is charged with a violation of Section 12-6-12.1(A) through (D), any plea of guilty
thereafter entered in satisfaction of the charges shall include at least a plea of guilty to violation 12-6-12.1(A),
(B), (C) or (D) and no other disposition by plea of guilty to any other charge in satisfaction of such charge shall
be authorized if:

         (1) The results of a test performed pursuant to the Implied Consent Act discloses that the blood of
the person charged contains an alcohol concentration of eight one-hundredths or more;

          (2) Four one-hundredths or more if the person is driving a commercial vehicle; or

      (3) The defendant has refused to submit to a chemical test or tests of his or her breath or blood.
(NMSA § 66-8-102)
     (C) A person under first conviction pursuant to this section shall be punished by imprisonment for not
more than 90 days or a fine of not more than $999, or both; provided that if the sentence is suspended in
whole or in part or deferred, the period of probation may extend beyond 90 days but shall not exceed one
year. Upon a first conviction pursuant to this section, an offender shall be sentenced to not less than 24 hours
and not more than 48 hours of community service. In addition, the offender may be required to pay a fine of
$300. The offender shall be ordered by the court to participate in and complete a screening program
described in division (F) of this section and to attend a driver rehabilitation program for alcohol or drugs, also
known as a “DWI school”, approved by the Traffic Safety Bureau of the State Transportation Department and
also may be required to participate in other rehabilitative services as the court shall determine to be necessary.
In addition to those penalties, when an offender commits aggravated driving while under the influence of
intoxicating liquor or drugs, the offender shall be sentenced to not less than 48 consecutive hours in jail. If an
offender fails to complete, within a time specified by the court, any community service, screening program,
treatment program or DWI school ordered by the court or fails to comply with any other condition of parole,
the offender shall be sentenced to not less than an additional 48 consecutive hours in jail. Any jail sentence
imposed pursuant to this section for failure to complete, within a time specified by the court, any community
service, screening program, treatment program or DWI school ordered by the court or for aggravated driving
while under the influence of intoxicating liquor or drugs shall not be suspended, deferred or taken under
advisement. On a first conviction pursuant to this section, time spent in jail for the


2006 S-3
                                              General Provisions                                                15


offense prior to the conviction for that offense shall be credited to any term of imprisonment fixed by the court.
A deferred sentence pursuant to this division shall be considered a first conviction for the purpose of
determining subsequent convictions.

     (D) A second or third conviction pursuant to this section shall be punished by imprisonment for not more
than 179 days or by a fine of not more than $999, or both; provided that if the sentence is suspended in whole
or part, the period of probation may extend beyond 179 days but shall not exceed one year. Notwithstanding
any provision of law to the contrary for suspension or deferment of execution of a sentence:

          (1) Upon a second conviction, each offender shall be sentenced to a jail term of not less than 96
consecutive hours, 48 hours of community service and a fine of $500. In addition to those penalties, when an
offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall
be sentenced to a jail term of not less than 96 consecutive hours. If an offender fails to complete, within a time
specified by the court, any community service, screening program or treatment program ordered by the court,
the offender shall be sentenced to not less than an additional seven consecutive days in jail. A penalty imposed
pursuant to this division shall not be suspended or deferred or taken under advisement; and

          (2) Upon a third conviction, an offender shall be sentenced to a jail term of not less than 30
consecutive days, 96 hours of community service and a fine of $999. In addition to those penalties, when an
offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be
sentenced to a jail term of not less than 60 consecutive days. If an offender fails to complete, within a time
specified by the court, any community service, screening program or treatment program ordered by the court,
the offender shall be sentenced to not less than an additional 60 consecutive days in jail. A penalty imposed
pursuant to this division shall not be suspended or deferred or taken under advisement.

   (E) Fourth and subsequent offenses shall be prosecuted under state law in magistrate or district court.
(NMSA § 66-8-102)

     (F) Upon any conviction pursuant to this section, an offender shall be required to participate in and
complete, with a time specified by the court, an alcohol or drug abuse screening program approved by the
Department of Finance and Administration and if necessary, a treatment program approved by the court. The
requirement imposed pursuant to this division shall not be suspended, deferred or taken under advisement.

     (G) (1) Upon a second or third conviction pursuant to this section, an offender shall be required to
participate in and complete, within a time specified by the court:




2006 S-3
16                                         Tularosa - Traffic Code


             (a) Not less than a 28-day inpatient, residential or in-custody substance abuse program
approved by the court;

              (b) Not less than a 90-day outpatient treatment program approved by the court;

              (c) A drug court program approved by the court; or

              (d) Any other substance abuse treatment approved by the court.

         (2) The requirement imposed pursuant to this section shall not be suspended, deferred or taken
under advisement.
(NMSA § 66-8-102)

      (H) Upon a conviction pursuant to Section 12-6-12.1, an offender shall be required to obtain an ignition
interlock license and have an ignition interlock device installed and operating on all motor vehicles driven by the
offender, pursuant to rules adopted by the Traffic Safety Bureau of the Department of Transportation. Unless
determined by the sentencing court to be indigent, the offender shall pay all costs associated with having an
ignition interlock device installed on the appropriate motor vehicles. The offender shall operate only those
vehicles equipped with ignition interlock devices for:

          (1) A period of one year for a first offender;
          (2) A period of two years for a second conviction pursuant to this section;

          (3) A period of three years for a third conviction pursuant to this section; or

          (4) The remainder of the offender's life for a fourth or subsequent conviction pursuant to this section.

      (I) Five years from the date of conviction and every five years thereafter, a fourth or subsequent
offender may apply to a district court for removal of the ignition interlock device requirement provided in this
section and for restoration of a driver's license. A district court may, for good cause shown, remove the
ignition interlock device requirement and order restoration of the license; provided that the offender has not
been subsequently convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs.
Good cause may include an alcohol screening and proof from the interlock vendor that the person has not had
violations of the interlock device.
(NMSA § 66-8-102)

     (J) Except as otherwise prohibited in this section, a municipal judge may suspend in whole or in part the
execution of sentence or place the defendant on probation for a period not exceeding one year on terms and
conditions that municipal judge deems best, or both, or defer sentence. If the municipal judge decides to defer
the execution of a sentence, such deferral shall be granted only as allowed in division (L) of this section. A
suspension of execution of sentence or probation, or both, as allowed pursuant to this section, shall be granted
only when the municipal judge is satisfied it will serve the ends
2006 S-3
                                               General Provisions                                              17


of justice and of the public, and that the defendant's liability for any fine or other punishment imposed if fully
discharged upon successful completion of the terms and conditions of probation.

      (K) If a person is convicted of driving a motor vehicle while under the influence of intoxicating liquor or
drugs in violation of Section 12-6-12.1(A), (B), (C) or (D), a first offender, at the discretion of a trial court
after a presentence investigation, including an inquiry to the Motor Vehicle Division of the Transportation
Department concerning the driver's driving record, shall receive a deferred sentence on the condition that the
driver attend a driver rehabilitation program, also known as the “driving-while-intoxicated-school”, approved
by the court and the division and such other rehabilitative services as the court may determine to be necessary;
however, imposition of a deferred sentence shall classify the person as a first offender. The municipal court
shall forward to the division the abstract of all proceedings and the report of the disposition of the case. For
the purpose of this division, marijuana, as defined in the Controlled Substance Act, shall be classified as a drug.

      (L) A person convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs
in violation of Section 12-6-12.1(A), (B), (C) or (D) shall be assessed, in addition to any other fee or fine, a
fee of $65 to defray the cost of chemical and other tests used to determine the influence of alcohol or drugs.
Additionally, the person shall be assessed a fee of $75 to fund comprehensive community programs for the
prevention of driving while under the influence of intoxicating liquor or drugs or for other traffic safety
purposes. The municipal court shall collect the fees and maintain the fees in separate funds and transfer the
fees along with other funds collected by the court per NMSA § 35-14-7. The municipality shall maintain the
fees pursuant to this division in separate funds and transfer the fees collected pursuant to this division to the
administrative office of the courts for credit to the crime laboratory fund and the traffic safety fund.
(NMSA §§ 31-12-7 through 31-12-9)

      (M) With respect to this section and notwithstanding any provision of law to the contrary, if an offender's
sentence was suspended or deferred in whole or in part and the offender violates any condition of probation,
the court may impose any sentence that the court could have originally imposed and credit shall not be given
for time served by the offender on probation.
(NMSA § 66-8-102)

     (N) As used in this section and in Section 12-6-12.1:

          (1) BODILY INJURY means an injury to a person not likely to cause death or great bodily harm
to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions
of any member or organ of the person's body;

          (2) CONVICTION means adjudication of guilt and does not include imposition of a sentence; and

          (3) COMMERCIAL MOTOR VEHICLE means a motor vehicle or combination of motor
vehicles used in commerce to transport passengers or property if the motor vehicle:


2006 S-3
18                                           Tularosa - Traffic Code


               (a) Has a gross combination weight rating of more than 26,000 pounds inclusive of a towed
unit with a gross vehicle weight rating of more than 10,000 pounds;

               (b) Has a gross vehicle weight rating of more than 26,000 pounds;

               (c) Is designed to transport 16 or more passengers, including the driver; or

              (d) Is of any size and is used in the transportation of hazardous materials, which requires the
motor vehicle to be placarded under applicable law.

      (O) A conviction pursuant to a municipal or county ordinance in New Mexico or a law of any other
jurisdiction, territory, or possession of the United States or of a tribe where that ordinance is equivalent to
New Mexico law for driving while under the influence of intoxicating liquor or drugs, prescribing penalties for
driving while under the influence of intoxicating liquor or drugs shall be deemed to be a conviction pursuant to
this section for purposes of determining whether a conviction is a second or subsequent conviction.
(NMSA § 66-8-102M)

     (P) A law enforcement officer making an arrest for a violation of the provisions of Section 12-6-12.1 or
of similar municipal or county ordinances shall use standard arrest reports and procedures developed and
approved by the Department of Public Safety in accordance with Section 8 of Laws of 2005, Chapter 269.
(Am. Ord. 202, passed 10-15-2002; Am. Ord. 215, passed 8-16-2005)


§ 70.19 ORDINANCE AVAILABLE FOR INSPECTION.

    A copy of the 2004 New Mexico Uniform Traffic Ordinance is available for inspection during the Village
Clerk's/Treasurer's normal and regular business hours at the Village Offices, 705 St. Francis Drive, Tularosa,
New Mexico.
(Ord. 211, passed 7-20-2004)


§ 70.20 COPIES OF ORDINANCE FOR PURCHASE.

    A copy of the Tularosa 2004 New Mexico Uniform Traffic Ordinance may be purchased from the Village
Clerk/Treasurer at the cost of publication.
(Ord. 211, passed 7-20-2004)




2006 S-3
3




                                TITLE IX: GENERAL REGULATIONS

                             Chapter

                                       90. HEALTH AND SANITATION; NUISANCES
                                   91. FAIR HOUSING

                                   92. LITTERING

                                   93. ABANDONED VEHICLES

                                   94. NOISE REGULATIONS

                                   95. ANIMALS




                                           1
2                            Tularosa - General Regulations
                  CHAPTER 90: HEALTH AND SANITATION; NUISANCES


Section

                                         General Provisions

    90.01   Definition

                                         Specific Nuisances

    90.15   Abandonment of dangerous containers
    90.16   Conduct offensive to public well-being
    90.17   Obstruction on sidewalks
    90.18   Accumulation of refuse
    90.19   Attachment of items to utility poles
     90.20    Abandonment of shopping carts; removal
     90.21    Fireworks
     90.22    Open burning
     90.23    Public dances
     90.24    Loitering

                                                 Weed Control

     90.35    Definitions
     90.36    Unlawful growth or accumulation on lots
     90.37    Unlawful growth or accumulation on tracts
     90.38    Removal by city

                                                     Insects

     90.50    Definitions
     90.51    Declaration of public nuisance
     90.52    Premises to be kept clean and free
     90.53    Destruction of larvae
     90.54    Use of insecticides

     90.99    Penalty




                                                     3
4                                      Tularosa - General Regulations


                                          GENERAL PROVISIONS


§ 90.01 DEFINITION.

     (A) The definitions listed in § 130.04 of this code of ordinances shall apply to this chapter.

     (B) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates
or requires a different meaning.

        PUBLIC NUISANCE. Knowingly creating, performing or maintaining anything affecting any
number of citizens without lawful authority which is either:

              (a) Injurious to public health, safety, morals or welfare; or

              (b) Interferes with the exercise and enjoyment of public rights, including the right to use public
or private property.
(NMSA § 30-8-1) (Ord. 89, passed 7-17-1979)




                                          SPECIFIC NUISANCES


§ 90.15 ABANDONMENT OF DANGEROUS CONTAINERS.

     Abandonment of dangerous containers consists of any person:

     (A) Abandoning, discarding or keeping in any place accessible to children, any refrigerator, icebox,
freezer, airtight container, cabinet or similar container which is no longer in use, without having the attached
doors, hinges, lids or latches removed or without sealing the doors or other entrances so as to make it
impossible for anyone to be imprisoned therein; or

     (B) Who, being the owner, lessee or manager of any premises, knowingly permits any abandoned or
discarded refrigerator, icebox, freezer, airtight container, cabinet or similar container to remain upon the
premises in a condition whereby anyone may be imprisoned therein.
(NMSA § 30-8-9) (Ord. 89, passed 7-17-1979) Penalty, see § 90.99

                                      Health and Sanitation; Nuisances                                             5


§ 90.16 CONDUCT OFFENSIVE TO PUBLIC WELL-BEING.

     Conduct offensive to public well-being consists of any person who is the owner or tenant in possession of
any premises located within the city limits permitting any privy or cesspool upon the premises owned or
occupied by him or her, to become a menace to public health or constitute a condition offensive to the public.
(NMSA § 30-8-12) (Ord. 89, passed 7-17-1979) Penalty, see § 90.99


§ 90.17 OBSTRUCTION ON SIDEWALKS.

     (A) All sidewalks shall be kept clean from rocks and other obstructions, including ice and snow, and in a
state of good repair by the owners, occupants or agents in charge of the adjoining property. A sidewalk in
good repair shall be free of cracks, floats, obstructions, depressions and any and all other defects and shall
have a uniform longitudinal and transverse gradient.

     (B) All areas directly over sidewalks, to a height of eight feet, shall be maintained free of vegetation or
other obstruction by the owners, occupants or agents in charge of the adjoining property.

    (C) The sidewalk setback area and all plantings therein shall be maintained by the owners, occupants or
agents in charge of the adjoining property.
    (D) No item of street furniture or other item which would obstruct pedestrians or effectively reduce the
width of a sidewalk shall be placed in, on, over or under the sidewalk.

     (E) When it has been determined that there is a violation of the provisions of this section, notice shall be
served by the Chief of Police or his or her designee upon the owners or agents in charge of the property
adjoining the sidewalk or sidewalk setback area, directing that removal of obstruction be made within a
designated period of time, which shall not be more than 30 days. If the owners or agents in charge of the
property fail to comply with the order within the time prescribed, the village shall cause the removal of
obstructions be made at the cost and expense of the owners or agents in charge of the property in accordance
with state law and the cost of the removal of obstruction shall constitute a lien against the property and shall be
foreclosed in the same manner provided by law for the foreclosure of municipal liens.
(Ord. 89, passed 7-17-1979) Penalty, see § 90.99

6                                      Tularosa - General Regulations


§ 90.18 ACCUMULATION OF REFUSE.

        (A)     For the purpose of this section, the following definition shall apply unless the context clearly
                                                 indicates or requires a different meaning.

                REFUSE.

                         (a)     Any article or substance:

                                 1.      Which is commonly discarded as waste; or

                                 2.      Which, if discarded on the ground, will create or contribute to an
                                                unsanitary, dangerous, offensive or unsightly condition.

                         (b)     REFUSE includes, but is not limited to the following items or classes of items:
                                             waste food; waste paper and paper products; cans, bottles or
                                             other containers; junked household furnishings and equipment;
                                             junked parts or bodies of automobiles and other metallic junk
                                             or scrap; portions or carcasses of dead animals; and
                                             collections of ashes, dirt, yard trimmings or other rubbish.
(NMSA § 30-8-3)

        (B)     It shall be unlawful for any person to:

                (1)      Allow any refuse to collect or accumulate on any lot or other premises within the city
                                                 of which he or she is owner, tenant, lessee, manager or
                                                 occupant;
                (2)     Throw, place, discard or conduct, in any manner, any refuse into any public
                                               thoroughfare or other public place, or upon any private
                                               property, whether owned by the person, other than by placing
                                               the refuse in proper containers; or

                (3)     Throw, place or conduct in any manner, any refuse into any ditch within the city limits.

        (C)     (1)     When it has been determined that there is a violation of this section, notice shall be
                                              served by the Chief of Police or his or her agent, upon the
                                              owners or agents in charge of the property directing that
                                              removal of refuse be made within a designated period of time
                                              which shall not be less than five days, nor more than 90 days.

         (2) If the owners or agents in charge of the property fail to comply with the order within the time
prescribed, the village shall cause the refuse to be removed at the expense of the owners of the property in
accordance with state law and the cost of the removal shall constitute a lien against the property which shall be
enforced by foreclosure by the Village Attorney.
(Ord. 89, passed 7-17-1979) Penalty, see § 90.99

                                     Health and Sanitation; Nuisances                                             7


§ 90.19 ATTACHMENT OF ITEMS TO UTILITY POLES.

     It shall be unlawful for any person, firm or corporation to attach any wireless, telephone or telegraph
apparatus, wire, metal, wood or other substance to any telephone, telegraph, electric light, electric power or
electric railway pole or cross-arm or its attachments belonging to any other person, firm or corporation,
without the consent of the person, firm or corporation given in writing.
(Ord. 89, passed 7-17-1979) Penalty, see § 90.99


§ 90.20 ABANDONMENT OF SHOPPING CARTS; REMOVAL.

     (A) (1) No person shall remove, from the premises of any food store, market or other mercantile
establishment in the village, any shopping cart, wagon or similar device unless the person is the owner or the
owner's employee or agent or unless the person was authorized to remove the cart, wagon or device by the
owner thereof or his or her authorized agent or employee.

         (2) Premises shall be construed to include parking lots adjacent thereto.

     (B) No person shall abandon or leave any cart, wagon or similar device which has been removed from
the owner's premises upon any public street, alley, sidewalk, parkway or other public place or upon any
private property, except that of the owner of the cart, wagon or device, not under the exclusive control of the
person abandoning or leaving any cart, wagon or other similar device.
     (C) The managers, operators or owners of any food store, market or other mercantile establishment in
the village shall post the essential details of this code in a conspicuous place for the general information of the
public leaving the premises.

     (D) The managers, operators or owners of any food store, market or other mercantile establishment in
the village shall stamp or affix to each shopping cart, wagon or similar device with the name and address of the
food store, market or other mercantile establishment which owns the shopping cart, wagon or similar device.
(Ord. 89, passed 7-17-1979) Penalty, see § 90.99


§ 90.21 FIREWORKS.

     Unlawful possession of fireworks consist of either selling, offering to sell, owning, possession or
discharging within the village limits except within an area 300 feet south of ROW line of U.S. Highway 70
between Brittany Road and Stella Road any:

     (A) Aerial device that, upon ignition, propels itself or an insert a significant distance into the air, but does
not include a firework that produces a shower of sparks;

     (B) Ground audible device intended to function on the ground that produces an audible effect; or

2006 S-3
8                                       Tularosa - General Regulations
          (2) The location where the burning is to be conducted;

          (3) The type and quantity of material to be burned;

          (4) The date and time when the burning is to be conducted;

          (5) The methods that will be followed to ignite, maintain and control the burning;




2006 S-3
                                      Health and Sanitation; Nuisances                                            9


          (6) Reasons why the requester believes the burning is necessary; and

         (7) The alternatives to burning and the reasons why the requester believes them not to be feasible.
(Ord. 139, passed 3-5-1991) Penalty, see § 90.99


§ 90.23 PUBLIC DANCES.

      (A) It shall be unlawful for any person to hold, conduct, operate, sponsor or permit a dance which is
open to the general public, or to which the general public is invited, whether or not a charge is made for the
dance, after the hour of 1:00 a.m. and before the hour of 8:00 a.m.; provided that the Village Chief of Police
shall have the authority to close down a public dance prior to 1:00 a.m. in the event of any violation of law
during the conduct of the dance.

     (B) Any person, planning to sponsor or conduct a public dance shall notify the Chief of Police thereof at
least one week prior to the dance, and shall, at his, her or their own expense, retain the services of at least two
peace officers, approved by the Chief of Police, to police and maintain order at the dance at all times.

      (C) The peace officer shall be under the control and supervision, at all times, of the person sponsoring or
conducting the dance. The person sponsoring or conducting the dance shall agree, in writing, to hold the
village harmless from any and all liability of the village as a result of the conduct of the peace officers in
maintaining peace and order at the dance.
(Ord. 90, passed 9-18-1979) Penalty, see § 90.99


§ 90.24 LOITERING.
     The following shall be public nuisances:

     (A) Loiter or remain in a public place for the purpose of begging;

    (B) Loiter or remain in a public place for the purpose of committing, attempting to commit or soliciting
another person to commit, a lewd or sexual act;

     (C) Loiter or remain in or about a school building or grounds, not having any reason or relationship
involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there, and
not having written permission for a school administrator; and
10                                      Tularosa - General Regulations


     (D) Loiter or prowl in a place, at a time or in a manner not used for law abiding individuals under
circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the
circumstances which may be considered in determining whether the alarm is warranted is the fact that the actor
takes flight upon appearance of a peace officer, refuses to identify himself or herself, or manifestly endeavors to
conceal himself or herself of any object. Unless flight by the actor or other circumstances make it
impracticable, a peace officer shall prior to any arrest for an offense under this section afford the actor the
opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify
himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense
under this section if the peace officer did not comply with the preceding sentence, or if it appears at a trial that
the explanation given by the actor was true and, if believed by the peace officer, did not comply with the
preceding sentence, or if it appears at a trial that the explanation given by the actor was true and, if believed by
the peace officer at the time, would have dispelled the alarm.
(`75 Code, § 3-1-31) (Ord. 89, passed 7-17-1979; Am. Ord. 90, passed 9-18-1979) Penalty, see § 90.99




                                                WEED CONTROL


§ 90.35 DEFINITIONS.

     For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.


     LOT. Any occupied or unoccupied piece of land of one-half acre or less which is located within one-
quarter mile, 1,320 feet, of an occupied structure.

     TRACT. Any piece of occupied or unoccupied land with an area of more than one-half acre.

     WEEDS.
          (1) All rank, noxious, poisonous, harmful, unhealthful vegetation or any growth whatsoever of an
offensive or unsightly nature, or which is deleterious to health, and shall include, but is not limited to the
following named plants: Pigusweed (Amaranthus retroflexus) Russian Thistle (Salsola pestifer) Ragweeds
(Ambrosia ssp.) Lambsquarter (Kenopodium spp.) Kochia.
                                    Health and Sanitation; Nuisances                                        11


          (2) The Police Chief is hereby authorized and delegated the authority and duty to determine if any
other plant, due to their unhealthy or unsightly attributes or consequences, should be placed on the list of
WEEDS, as defined herein, and shall put the plants on the list if it appears that the plants do come within the
meaning of the term WEEDS, as herein defined.
(Ord. 89, passed 7-17-1979)


§ 90.36 UNLAWFUL GROWTH OR ACCUMULATION ON LOTS.

      It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of
any owner, lessee or occupant having charge or control of any lot within the village to permit or maintain on
any lot, including the area located between the property line and the middle of the alley adjacent to the
property, and the area located between the property line and the curb, and the area located ten feet outside the
property line where there is no curb, any growth of weeds to a greater height than six inches, or any other
accumulation of weeds. It shall also be unlawful for a person having charge or control of any tract within the
village to allow any growth of weeds to a greater height than four inches on curbs and sidewalks located on
their property as well as the area adjacent to and five feet back of the curbs, sidewalks and streets.
(Ord. 89, passed 7-17-1979) Penalty, see § 90.99


§ 90.37 UNLAWFUL GROWTH OR ACCUMULATION ON TRACTS.

     It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of
any owner, lessee or occupant having charge or control of any tract within the village to permit or maintain on
any tract, including the area located between the property line and the middle of the alley adjacent to, the
property line and curb and the area located ten feet outside the property line where there is no curb, any
accumulation of weeds, which in the opinion of the Police Chief constitute a fire hazard. It shall also be
unlawful for a person having charge or control of any tract within the village to allow any growth of weeds to a
greater height than four inches on curbs and sidewalks located on their property as well as the area adjacent to
and five feet back of the curbs, sidewalks and streets.
(Ord. 89, passed 7-17-1979) Penalty, see § 90.99

12                                     Tularosa - General Regulations


§ 90.38 REMOVAL BY CITY.

     When it has been determined that there is a violation of this section, notice shall be served by certified mail
addressed to the owner's or agent's last known address by the Chief of Police, directing that the cutting of
weeds and removal of cuttings be made within five days. If the owners or agents in charge of the property fail
to comply with the order within the time prescribed, the village shall cause the cutting of weeds and removal of
cuttings at the expense of the owners or agents in charge and the cost of the removal shall constitute a lien
against the property, which shall be enforced by foreclosure by the Village Attorney, as provided by state law.
(Ord. 89, passed 7-17-1979)




                                                   INSECTS


§ 90.50 DEFINITIONS.

     For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.

      LESSEE or TENANT. If the land is leased or rented, then the person having the right to possession of
the land.

     OWNER. The person having the right to possession of the land.

     PERSON HAVING THE RIGHT OF POSSESSION. If the property is unoccupied, any agent
having authority to lease, rent, sell, manage or take care of the land.

     PROHIBITED SPECIES. The cocoon (otherwise called bags) of all members of the genus
Thyridopteryx (commonly known as bagworms), and the webs (otherwise called nests) of all members of the
genus Malacosoma of the family Lasiocampadiae (commonly called tent caterpillars) and of all members of the
genus Hyphantria of the family Arctiidae (commonly called webworms) and all members of the genus Pyrrhalta
Luteola (Mailer) (commonly called Elm Leaf Beetle).
(`75 Code, § 4-3-1)


§ 90.51 DECLARATION OF PUBLIC NUISANCE.

     The bagworm nests, Elm Leaf Beetles and other tree pests, described in § 90.50 hereof, are hereby
declared to be nuisances and are prohibited within the village.
(`75 Code, § 4-3-2) Penalty, see § 90.99

                                      Health and Sanitation; Nuisances                                          13


§ 90.52 PREMISES TO BE KEPT CLEAN AND FREE.

     The person having the right to possession of any land within the village shall keep the property free of the
cocoons, bags, webs and nests prohibited in § 90.50, and shall destroy cocoons, bags, webs and nests, all
larvae therein and all insects.
(`75 Code, § 4-3-3) Penalty, see § 90.99


§ 90.53 DESTRUCTION OF LARVAE.

     Every person who removes any cocoon, bag, web or nest prohibited herein, or who removes or cuts
down any tree, branch or any other plant to which any larvae are therein, shall not in any manner dispose of the
cocoon, bag, web, nest, tree or plant until all larvae have been destroyed.
(`75 Code, § 4-3-4) Penalty, see § 90.99


§ 90.54 USE OF INSECTICIDES.

     Any person or official required by this subchapter to destroy cocoons, bags, webs, nests and such insects
may, at his or her option, in lieu thereof destroy the bagworms, tent caterpillars, webworms and insects by
spraying with insecticide generally recognized as suitable for the purpose, and if the destruction is successfully
accomplished, it shall be deemed sufficient compliance with this subchapter.
(`75 Code, § 4-3-5) Penalty, see § 90.99




§ 90.99 PENALTY.

     (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be
subject to § 130.99.

     (B) Any person who shall fail and neglect to cut the weeds and remove the cuttings or any accumulation
of weeds, as provided in §§ 90.35 through 90.38, or who shall fail, neglect or refuse to comply with the
provisions of any section of §§ 90.35 through 90.38 or of any notice herein provided for, or who shall violate
any of the provisions of §§ 90.35 through 90.38 whatsoever or who shall resist or obstruct the Chief of Police
or his or her authorized representatives in the cutting of weeds or the removal of cuttings or the removal of the
accumulation of the weeds shall, upon conviction thereof, be subject to a fine of not more than $300 or
imprisonment for not more than 90 days or both. Each day on which a violation continues shall constitute a
separate offense.
(Ord. 89, passed 7-17-1979)
14                                     Tularosa - General Regulations


                                     CHAPTER 91: FAIR HOUSING


Section
     91.01     Policy
     91.02     Definitions
     91.03     Unlawful practice
     91.04     Discrimination in sales or rentals
     91.05     Discrimination in financing or housing
     91.06     Discrimination in brokerage services
     91.07     Exemption
     91.08     Administration
     91.09     Education and conciliation
     91.10     Enforcement
     91.11     Interference, coercion or intimidation

     91.99     Penalty




§ 91.01 POLICY.

      It is the policy of the village to provide, within constitutional limitations, for fair housing throughout the
village.
(Ord. 167, passed 4-16-1996)


§ 91.02 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

    DISCRIMINATORY HOUSING PRACTICE.                           An act that is unlawful under §§ 91.03 through
91.05.

      DWELLING. Any building, structure or portion thereof which is occupied as, or designed or intended
for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease
for the construction or location thereon of any building, structure or portion thereof.

                                                     15
16                                     Tularosa - General Regulations


     FAMILY. A single individual.

     PERSON. One or more individuals, corporations, partnerships, associations, labor organizations, legal
representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees,
trustees in bankruptcy, receivers and fiduciaries.
    TO RENT. To lease, to sublease, to let and otherwise to grant for a consideration the right to occupy
premises owned by the occupant.
(Ord. 167, passed 4-16-1996)


§ 91.03 UNLAWFUL PRACTICE.

      (A) Subject to the provisions of division (A)(2) below and § 91.07, the prohibitions against discrimination
in the sale or rental of housing set forth in this section shall apply to:

          (1) All dwellings, except as exempted by division (B) below; or

          (2) Nothing in this section shall apply to:

                (a) Any single-family house sold or rented by an owner; provided, that the private individual
owner does not own more than three single-family houses at any one time; provided further, that in the case of
the sale of any single-family house by a private individual owner not residing in the house at the time of the sale
or who was not the most recent resident of the house prior to the sale, the exemption granted by this section
shall apply only with respect to one sale within any 24-month period; provided further, that the bona fide
private individual owner does not own any interest in, nor is there owned or reserved on his or her behalf,
under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale
or rental of, more than three single-family houses at any one time; provided further, that the sale or rental of any
single-family house shall be excepted from the application of this title only if the house is sold or rented without
the use in any manner of the sales or rental facilities or services of any person in the business of selling or
renting dwellings, or of any employee or agent of any such broker, agent, salesperson or person and without
the publication, posting or mailing, after notice of any advertisement or written notice in violation of § 91.03,
but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and
other professional assistance as necessary to perfect or transfer the title; or

                (b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied
by no more than four families living independently of each other, if the owner actually maintains and occupies
one of the living quarters as his or her own residence.
                                                  Fair Housing                                                 17


     (B) For the purposes of division (A)(2) above, a person shall be deemed to be in the business of selling
or renting dwellings if:

          (1) He or she has, within the preceding 12 months, participated as principal in three or more
transactions involving the sale or rental of any dwelling or any interest therein;

          (2) He or she has, within the preceding 12 months, participated as agent, other than in the sale of his
or her own personal residence in providing sales or rental facilities or sales or rental services in two or more
transactions involving the sale or rental of any dwelling or any interest therein; or
         (3) He or she is the owner of any dwelling designed or intended for occupancy, or occupied by, five
or more families.
(Ord. 167, passed 4-16-1996) Penalty, see § 91.99


§ 91.04 DISCRIMINATION IN SALES OR RENTALS.

    As made applicable by § 91.03 and except as exempted by §§ 91.03(A)(2) and 91.07, it shall be
unlawful:

     (A) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or
rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion,
national origin, handicap or familial status;

     (B) To discriminate against any person in the terms, conditions or privileges of the sale or rental of a
dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion,
national origin, handicap or familial status;

      (C) To make, print or publish or cause to be made, printed or published any notice, statement or
advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitations or
discrimination based on race, color, religion or national origin, or an intention to make any preference,
limitations or discrimination;

     (D) To represent to any person because of race, color, religion or national origin that any dwelling is not
available for inspection, sale or rental when the dwelling is, in fact, so available; or

     (E) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race,
color, religion or national origin.
(Ord. 167, passed 4-16-1996) Penalty, see § 91.99

18                                      Tularosa - General Regulations


§ 91.05 DISCRIMINATION IN FINANCING OR HOUSING.

      It shall be unlawful for any person whose business consists in whole or in part in the making of commercial
real estate loans, to deny a loan or other financial assistance to a person applying therefore for the purpose of
purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him or her in
the fixing of the amount, interest rate, duration or other terms or conditions of the loan or other financial
assistance, because of race, color, religion, national origin, handicap or familial status of the person or of any
person associated with him or her in connection with the loan or other financial assistance or the purposes of
the loan or other financial assistance, or of the present or prospective dwellings in relation to which the loan or
other financial assistance is to be made or given; provided, that nothing contained in this section shall impair the
scope or effectiveness of the exception contained in § 91.03(A)(2).
(Ord. 167, passed 4-16-1996) Penalty, see § 91.99


§ 91.06 DISCRIMINATION IN BROKERAGE SERVICES.

      It shall be unlawful to deny any person access to or membership or participation in any multiple-listing
service, real estate brokers organization or other service, organization or facility relating to the business of
selling or renting dwellings or to discriminate against him or her in the terms or conditions of the access,
membership or participation, because of race, color religion, national origin, handicap or familial status.
(Ord. 167, passed 4-16-1996) Penalty, see § 91.99


§ 91.07 EXEMPTION.

      Nothing in this chapter shall prohibit a religious organization, association or society, or any nonprofit
institution or organization operated, supervised or controlled by or in conjunction with a religious organization,
association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for
other than a commercial purpose to persons of the same religion, or from giving preference to the persons
unless membership in the religion is restricted on account of race, color or national origin. Nor shall anything in
this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or
purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the
rental or occupancy of the lodgings to its members or from giving preference to its members.
(Ord. 167, passed 4-16-1996)

                                                  Fair Housing                                                     19


§ 91.08 ADMINISTRATION.

        (A)     The authority and responsibility for administering this Act shall be in the Mayor of the village.

        (B)     The Mayor may delegate any of these functions, duties and powers to employees of the village
                                             or to boards of the employees, including functions, duties and
                                             powers with respect to investigating, conciliating, hearing,
                                             determining, ordering, certifying, reporting or otherwise acting
                                             as to any work, business or matter under this chapter. The
                                             Mayor shall, by rule, prescribe the rights of appeal from the
                                             decisions of his or her hearing examiners to other hearing
                                             examiners or to other officers in the village, to boards of
                                             officers or to himself or herself, as shall be appropriate and in
                                             accordance with law.

        (C)     All executive departments and agencies shall administer their programs and activities relating to
                                               Housing and Urban Development in a manner affirmatively to
                                               further the purposes of this chapter and shall cooperate with
                                                the Mayor to further such purposes.
(Ord. 167, passed 4-16-1996)


§ 91.09 EDUCATION AND CONCILIATION.

       Immediately after the enactment of this chapter, the Mayor shall commence the educational and
                                                conciliatory activities as will further the purposes of this
                                                chapter. He or she shall call conferences of persons in the
                                                housing industry and other interested parties to acquaint them
                                                with the provisions of this chapter and his or her suggested
                                                means of implementing it, and shall endeavor with their advice
                                                to work out programs of voluntary compliance and of
                                                enforcement.
(Ord. 167, passed 4-16-1996)


§ 91.10 ENFORCEMENT.

        (A)     (1)     Any person who claims to have been injured by a discriminatory housing practice or
                                              who believes that he or she will be irrevocably injured by a
                                              discriminatory housing practice that is about to occur thereafter
                                              (person aggrieved) may file a complaint with the Mayor.

                (2)     Complaints shall be in writing and shall contain such information and be in such form as
                                                the Mayor requires.

                (3)     Upon receipt of a complaint, the Mayor shall furnish a copy of the same to the person
                                              or persons who allegedly committed or is about to commit the
                                              alleged discriminatory housing practice. Within 30 days after
                                              receipt of a complaint or within 30 days after the expiration of
                                              any period of reference under division (C) below, the Mayor
                                              shall investigate the complaint and give notice in writing to the
                                              person aggrieved whether he or she intends to resolve it.
20                                   Tularosa - General Regulations


          (4) If the Mayor decides to resolve the complaints, he or she shall proceed to try to eliminate or
correct the alleged discriminatory housing practice by informal methods of conference, conciliation and
persuasion. Nothing said or done in the course of the informal endeavors may be made public or need as
evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned.

     (B) If, within 30 days after a complaint is filed with the Mayor, the Mayor has been unable to obtain
voluntary compliance with this chapter, the person aggrieved may, within 30 days thereafter, file a complaint
with the New Mexico Human Rights Commission at Santa Fe, New Mexico. The Mayor will assist in this
filing. A copy of the complaint shall, at the same time, be forwarded to the Equal Opportunity Division of the
Regional Office of the Department of Housing and Urban Development in Dallas, Texas, and the New Mexico
Human Rights Commission.
(Ord. 167, passed 4-16-1996)


§ 91.11 INTERFERENCE, COERCION OR INTIMIDATION.

     It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment
of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or
encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 91.03
through 91.06.
(Ord. 167, passed 4-16-1996) Penalty, see § 91.99




§ 91.99 PENALTY.

     Whoever is determined to be in violation of this chapter may be fined not more than $500 or imprisoned
not more than 90 days, or both.
(Ord. 167, passed 4-16-1996)
                                      CHAPTER 92: LITTERING


Section

     92.01    Definitions
     92.02    Unlawful behavior
     92.03    Condition of violation; suspension




§ 92.01 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

     LITTERING. Consists of discarding refuse:

         (1) On public property in any manner other than placing the refuse in a receptacle provided for that
purpose by the responsible governmental authorities or otherwise in accordance with lawful direction; or

         (2) On private property not owned or lawfully occupied or controlled by the person, except with the
consent of the owner, lessee or occupant thereof.
     REFUSE.

          (1) Any article or substance:

               (a) Which is commonly discarded as waste; or

              (b) Which, if discarded on the ground will create or contribute to an unsanitary offensive or
unsightly condition.

          (2) REFUSE includes, but is not limited to the following items or classes of items: waste food;
paper and paper products; cans, bottles or other containers; junk household furnishings or equipment; junk
parts or bodies of automobiles or other metallic junk, scrap or tires; portions of carcass of dead animals; the
collection of ashes, dirt, yard trimmings or other rubbish.
(Ord. 192, passed 8-17-1999; Am. Ord. 204, passed 5-20-2003)




                                                         21
2003 S-1
22                                      Tularosa - General Regulations


§ 92.02 UNLAWFUL BEHAVIOR.

      It is hereby declared unlawful to commit the offense of littering and the use of uniform traffic or non-traffic
citations is authorized for the enforcement of this section.
(Ord. 192, passed 8-17-1999) Penalty, see § 10.99


§ 92.03 CONDITION OF VIOLATION; SUSPENSION.

     The Court may, to the extent permitted by law, as a condition to suspension of any penalty provided by
law, require a person who commits littering to pick up and remove from any public place or any private
property, with prior permission of legal owner, any litter deposited thereon.
(Ord. 192, passed 8-17-1999)
                               CHAPTER 93: ABANDONED VEHICLES


Section

     93.01     Violation
     93.02     Definitions
     93.03     Prohibited acts
     93.04     Exceptions
     93.05     Permit
     93.06    Removal of vehicles




§ 93.01 VIOLATION.

     The presence of a dismantled, partially dismantled or inoperable vehicle or motor vehicle or parts thereof
on any street, occupied or unoccupied land within the village limits in violation of the terms of this section is a
public nuisance.
(Ord. 89, passed 7-17-1979) Penalty, see § 10.99


§ 93.02 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

    DISMANTLED OR PARTIALLY DISMANTLED VEHICLE. Any motor vehicle from which
some part or parts which are ordinarily a component thereof have been removed or are missing.

      INOPERABLE MOTOR VEHICLE. Any motor vehicle, which by reason of dismantling, disrepair or
other cause, is incapable of being propelled by its own power and/or any motor vehicle which does not have
lawfully affixed thereto both an unexpired license plate or plates and a current motor vehicle safety inspection
certificate.

    MOTOR VEHICLE. Any wheeled vehicle which is self-propelled and designed to travel along the
ground and shall include, but not be limited to automobiles, buses, motorbikes, motorcycles, motorscooters,
motorhomes, trucks, tractors, go-carts, campers and trailers.
(Ord. 89, passed 7-17-1979; Am. Ord. 204, passed 5-20-2003)




                                                        23
2003 S-1
24                                     Tularosa - General Regulations


§ 93.03 PROHIBITED ACTS.

     It is unlawful for any person, firm or corporation to store on, or permit to be stored or placed on or
allowed to remain on any public or private property or street or highway within the village limits a dismantled,
partially dismantled or inoperable motor vehicle or any parts of a motor vehicle unless the vehicle is in an
enclosed building or on property which is enclosed with a fence or wall and the vehicle is not visible from
adjoining or surrounding property or from the street or streets or public ways. This section shall not apply to a
vehicle or vehicles on the premises of a duly licensed business in zones where the activity is within the
contemplated purposes of the duly licensed business under the provisions of the zoning code of the village.
(Ord. 89, passed 7-17-1979) Penalty, see § 10.99


§ 93.04 EXCEPTIONS.

     An owner or tenant may store, permit to be stored or allow to remain upon his or her premises any
dismantled, partially dismantled or inoperable motor vehicle or parts thereof for a period not to exceed 15
days if the motor vehicle is registered in his or her name; provided further, that any owner or tenant may, in the
event of hardship, secure a permit from the Clerk-Treasurer to extend the period of 15 days for an additional
period not to exceed 45 days.
(Ord. 89, passed 7-17-1979)


§ 93.05 PERMIT.

     Upon application by the registered owner of a motor vehicle covered by this section, and upon the proof
of hardship, the Clerk-Treasurer is hereby authorized to issue the permit provided hereby and shall require the
payment of $1 for each permit issued.
(Ord. 89, passed 7-17-1979)


§ 93.06 REMOVAL OF VEHICLES.

    The Department of Public Safety is hereby authorized to tow or have towed away, at the owner's
expense, any vehicle left under circumstances which are in violation of this chapter.
(Ord. 89, passed 7-17-1979)
                                 CHAPTER 94: NOISE REGULATIONS


Section

     94.01    General provisions
     94.02    Excessive noise prohibited
     94.03    Excessive noises enumerated




§ 94.01 GENERAL PROVISIONS.

     It is found and declared that:

    (A) The making and creation of loud, unnecessary or unusual noises within the limits of the village is a
condition which has existed for some time and the extent and volume of the noises is increasing;
     (B) The making, creation or maintenance of the loud, unnecessary, unnatural or unusual noises which are
prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health,
comfort, convenience, safety, welfare and prosperity of the residents of the village; and

     (C) The necessity in the public interest for the provisions and prohibitions hereinafter contained and
enacted, is declared as a matter of legislative determination and public policy, and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of
securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace
and quiet of the village and its inhabitants.
(`75 Code, § 3-2-1)


§ 94.02 EXCESSIVE NOISE PROHIBITED.

     It shall be unlawful for any person to make, continue or cause to be made or continued any loud,
unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of others within the limits of the village.
(`75 Code, § 3-2-2) Penalty, see § 10.99




                                                        25

26                                     Tularosa - General Regulations


§ 94.03 EXCESSIVE NOISES ENUMERATED.

      The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation
of this chapter, but the enumeration shall not be deemed to be exclusive, namely:

     (A) The sounding of any horn or signaling device on any automobile, motorcycle, street car or other
vehicle on any street or public place of the village, except as a danger warning; the creation by means of any
signaling device of any unreasonably loud or harsh sound, and the sounding of any device for an unnecessary
and unreasonable period of time;

    (B) Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of
11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of
persons in any office, in any dwelling, hotel or other type of residence or of any persons in the vicinity;

     (C) The discharge into the open air of the exhaust of any motor vehicle, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom;
     (D) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in a manner as to
create loud and unnecessary grating, grinding, rattling or other noise;

    (E) The creation of any excessive noise on any street adjacent to any school, institution of learning,
church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the
workings of the institution, or which disturbs or unduly annoys patients in the hospital;

      (F) The playing of any radio, tape player, compact disc player, television, phonograph, musical
instrument or other sound producing machine in a manner or with an unreasonable volume so as to disturb the
quiet comfort or repose of persons in any dwelling, motel, hotel, hospital or sanatorium;

      (G) The playing of any radio, tape player, compact disc player, television, phonograph, musical
instrument or other sound producing machine while operating a motor vehicle within the village in a manner or
with an unreasonable volume so as to disturb, distract or otherwise annoy any person in or out of a motor
vehicle or in such a manner so as to prevent the operator of a motor vehicle from hearing outside sounds
normally conducive to the safe operation of a motor vehicle; and/or

     (H) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion
engine, air compressor equipment, dynamic braking device, Jake brake, motor vehicle or other power device,
which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any
unnecessary noise, and no muffler or exhaust system shall be modified or used with a cutoff, bypass or similar
device.
(`75 Code, § 3-2-3) (Am. Ord. 158, passed 8-16-1994) Penalty, see § 10.99

                                        CHAPTER 95: ANIMALS


Section

                                             General Provisions

    95.01     Definitions
    95.02     Licensing dogs; tags and collars
    95.03     Guide dogs
    95.04     Restraint
    95.05     Disposition of dead animals

                                             Prohibited Activity

    95.15     Animals at large
    95.16     Cruelty; poisoning
    95.17     Public nuisances
    95.18     Riding or driving animals on sidewalks
                                      Administration and Enforcement

     95.30    Enforcement
     95.31    Impoundment
     95.32    Rabies; procedure
     95.33    Investigation
     95.34    Interference with police officer
     95.35    Records
     95.36    Animal shelter




                                                     27
28                                     Tularosa - General Regulations


                                          GENERAL PROVISIONS


§ 95.01 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

     EXPOSED TO RABIES. An animal has been exposed to rabies within the meaning of this chapter if it
has been bitten by any other animal or if it has been in contact with any animal known or reasonably suspected
to be infected with rabies.

    LIVESTOCK. Any horse, donkey, cow, sheep, goat, pig, except for Vietnamese miniature potbelly pigs
and pygmy goats weighing 50 pounds or less or any similar animal.

     OWNER. Any person, owning, keeping or harboring an animal.

     POULTRY. Any chicken, duck, goose, turkey or similar bird.
    SPAYED FEMALE DOGS. A female dog certified by a licensed veterinarian to have been spayed.

     VACCINATION. An injection of vaccine approved by the State Veterinarian and administered by a
licensed veterinarian for the purpose of immunizing an animal against rabies.
(`75 Code, § 4-1-1) (Am. Ord. 191, passed 8-17-1999)


§ 95.02 LICENSING DOGS; TAGS AND COLLARS.

     (A) (1) No person shall own, keep or harbor any dog within the village unless the dog is licensed, as
herein provided. Written application for the license shall be made to the Village Clerk-Treasurer and shall
state the name and address of the owner and the name, breed, color and sex of the dog. The license fee shall
be paid to the Village Clerk-Treasurer at the time of making the application. The license shall be issued by the
Village Clerk-Treasurer upon the owners furnishing a current certificate evidencing the vaccination of the dog
and shall state the owner's name and address and the amount paid and shall describe the dog.

        (2) The yearly license fee shall be $10 for each dog, male or female.
(`75 Code, § 4-1-3)

      (B) (1) With the license, there shall be delivered to the owner a metallic tag stamped with the number of
the license and the year for which issued. The shape of the tags shall be changed each year.




2003 S-1
                                                      Animals                                                    29


            (2) The owner shall see that the dog wears, at all times, a collar or harness to which the tag shall be
attached.

          (3) If the tag is lost or destroyed, the owner may obtain a duplicate upon the presentation of the
license and payment of a fee of $2 for the duplicate tag.
(`75 Code, § 4-1-4) (Am. Ord. 137, passed 1-3-1991; Am. Ord. 204, passed 5-20-2003) Penalty, see §
10.99


§ 95.03 GUIDE DOGS.

The provisions of § 95.02 shall not apply with respect to guide dogs trained to lead a blind person.
(`75 Code, § 4-1-5)


§ 95.04 RESTRAINT.
        (A)      (1)     The owner shall keep his or her dog under restraint at all times and shall not permit the
dog to run at large off the premises or property of the owner.

                  (2)     Failure to keep a dog under restraint, as defined above, is hereby declared to be a
violation of this chapter.

        (B)     It shall be unlawful for any owner of a dog to allow his or her dog to bark excessively during
the night hours between 10:00 p.m. and 6:00 a.m. and thereby disturb the peace of others. Any person
whose rest and peace has been disturbed by the uninhibited barking of any dog shall have the right to file a
complaint against the owner of the dog.
(`75 Code, § 4-1-6) Penalty, see § 10.99


§ 95.05 DISPOSITION OF DEAD ANIMALS.

        (A)     The carcass of any animal that shall die within the village shall, within 24 hours, be removed at
least two miles beyond the village limits by the owner of the animal and the owner shall bury the animal in some
place outside of the limits of the village at a depth of not less than six feet.

       (B)     In no case shall any carcass be buried within the village limits, nor shall the owner permit the
carcass to remain in the open air in the village until it becomes offensive in smell.
(`75 Code, § 4-1-24) Penalty, see § 10.99


2003 S-130                             Tularosa - General Regulations


                                          PROHIBITED ACTIVITY


§ 95.15 ANIMALS AT LARGE.

     It shall be unlawful for any livestock, poultry, cattle, horses, mules, burros, goats, sheep, swine or any
other animal to run at large within village limits, except under the terms and conditions set forth herein.
(`75 Code, § 4-1-7) (Am. Ord. 191, passed 8-17-1999) Penalty, see § 10.99


§ 95.16 CRUELTY; POISONING.

      No person shall torture, cruelly beat, mutilate, cruelly kill, poison, override or overdrive any animal, or
unnecessarily fail to provide the same with proper food or drink or cruelly drive or work the same when unfit
for labor.
(`75 Code, § 4-1-7) Penalty, see § 10.99
§ 95.17 PUBLIC NUISANCES.

      (A) (1) It shall be unlawful for any person to maintain or keep upon his or her premises any livestock,
poultry, horse, cow, burro or other animal which shall disturb the peace and quiet of any person or
neighborhood. Any person having knowledge of any nuisance, as set forth above, may file a complaint in the
Municipal Court against the person maintaining the nuisance, provided that neither a warrant of arrest shall
issue nor the person be arrested unless the person shall fail to cause the nuisance to cease within 24 hours after
filing of the complaint and notice thereof.

         (2) No owner or person having control of any animal shall allow that animal to defecate upon public
property or upon any private property other than the property of the owner of the animal without thoroughly
and immediately removing and disposing of the feces.
(`75 Code, § 4-1-9) (Am. Ord. 191, passed 8-17-1999)

      (B) (1) The Police Department and the custodian of the animal shelter, upon complaint made or on
view, shall investigate any alleged or suspected violation of this chapter, and, if in the opinion of the
investigating officer, the violation or nuisance exists, it shall be the duty of any officer to take up and deliver to
the shelter any animal found in violation. If the violation constitutes a nuisance, the officer shall, if the owner or
keeper refuses to abate the nuisance, take the offending animals to the animal shelter; provided, however, that
if the nuisance shall consist of dangerous, fierce or vicious dogs or animals which it shall be impossible to take
into custody without serious danger of personal injury, then and, in that event, the animal may immediately be
killed.
                                                        Animals                                                      31


          (2) All animals taken into custody under the provisions of this section shall be held in the animal
shelter under the terms of this chapter; provided, however, that nothing herein shall prevent or impair the right
of the owner of the animal to a hearing in any proper court by any proper means upon the question whether in
fact the nuisance exists or not; provided further, that nothing herein contained shall prevent or impair the right of
any person aggrieved by the nuisance to any other remedy, in court or otherwise, allowed him or her by law.

          (3) In the event that, in any proceeding referred to in this section, it shall be held by any proper court
that the nuisance complained of does not in fact exist, then and in that event the animals shall be released and
the owner thereof shall not be required to pay any of the charges referred to in this chapter.
(`75 Code, § 4-1-11) Penalty, see § 10.99


§ 95.18 RIDING OR DRIVING ANIMALS ON SIDEWALKS.

     It shall be unlawful for any person to ride or drive any team, horse or other animal upon or along any of
the sidewalks of the village.
(`75 Code, § 4-1-11) Penalty, see § 10.99
                              ADMINISTRATION AND ENFORCEMENT


§ 95.30 ENFORCEMENT.

     The provisions of this chapter shall be enforced by the Chief of Police.
(`75 Code, § 4-1-2)


§ 95.31 IMPOUNDMENT.

     (A) Animals not licensed or vaccinated pursuant to the provisions of this chapter shall be seized and
impounded. Any person who may find any animals running at large within the village contrary to the provisions
of this chapter may take the animal to the animal shelter. All animals shall be received and held at the shelter,
as herein provided. Within 48 hours after any animal shall be received at the animal shelter, its owner or
keeper, if the person can be identified by tags or other identifications on the animal, shall be notified. If the
owner or keeper cannot be found or the animal not claimed within 72 hours from the time the animal was
received at the animal shelter, the custodian of the animal shelter shall kill the animal in a humane manner. A
notice describing the animal, stating the time and place when and
32                                      Tularosa - General Regulations


where it will be killed and informing the owner that he or she may reclaim possession of the animal before the
time fixed by paying to the custodian of the animal shelter all costs and fees in connection with the impounding
of the animal shall be posted at the Village Police Station at least 24 hours prior to the custodian of the animal
shelter killing the animal.
(`75 Code, § 4-1-12)

     (B) If the owner or keeper of any animal detained at the animal shelter wishes to redeem the animal prior
to the sale or disposal thereof, as provided herein, the owner or keeper shall be entitled to redeem the animal
by securing rabies shots and license tags and paying to the custodian of the animal shelter the sum of $15, plus
$2 per day for each day, or fraction thereof, that the animal has been so confined to the animal shelter. All
redemption fees so collected by the custodian of the animal shelter shall be immediately reported and paid over
to the Village Clerk-Treasurer. Any person who shall turnover an animal to the custodian of the animal shelter
and request that the animal be destroyed shall pay a fee of $10 for the first animal and $1 for each additional
animal which is turned over at the same time as the first.
(`75 Code, § 4-1-13)

      (C) In the event that an animal shall be neither reclaimed by its owner in accordance with provisions in
this chapter or reclaimed by some other person by payment of the redemption fees, then 72 hours from the
time the animal was received by the animal shelter, the custodian of the animal shelter shall kill and dispose of
the animal in a humane manner.
(`75 Code, § 4-1-14)
(Am. Ord. 129, passed 8-15-1998)
§ 95.32 RABIES; PROCEDURE.

     (A) Any person who owns or keeps, within the village, any dog or cat over the age of three months shall
have the animal vaccinated against rabies with a vaccine approved by the Director of the Health and Social
Services Department. All anti-rabies vaccine shall be administered by or under the supervision of a licensed
veterinarian.
(`75 Code, § 4-1-15)

     (B) The owner shall confine, within a building or enclosure, every fierce, dangerous or vicious dog and
every female dog in heat. The confinement shall be in such manner that the dog cannot come in contact with
any person or animal, except for breeding purposes.
(`75 Code, § 4-1-16)

    (C) (1) Every dog, cat or other animal exposed to rabies shall be immediately confined by the owner,
who shall then promptly notify the Police Department. The Police Department shall immediately notify the
County Health Officer of the place of confinement and the reason therefore. The owner shall not permit the
dog or animal to come into contact with any person or animal and shall surrender
                                                  Animals                                                  33


possession of the dog or animal to the Police Department, upon demand, for the purpose of supervision and
quarantine. The owner shall pay any cost of the quarantine or the owner may, at his or her option and
expense, have the animal quarantined at the hospital of a licensed veterinarian. The dog or animal shall not be
released from quarantine without written authorization of the Police Department, nor until it has been certified
by a licensed veterinarian to be free of rabies.

         (2) No person shall kill a rabid dog or other animal or dog or other animal exposed to rabies, nor
remove same from the village without permission of the Police Department, except when it is necessary to kill
the dog or animal to prevent it from escaping or biting any person or animal.

         (3) The Police shall oversee the disposition of any dog or animal found to be afflicted with rabies.

        (4) The carcass of any dead dog or animal exposed to rabies shall be surrendered to the Police
Department upon demand.

          (5) No person shall fail or refuse to surrender a dog or animal for quarantine or destruction, as
required herein, when demand therefor is made by the Police Department.

        (6) This section shall be administered pursuant to any applicable laws of the state.
(`75 Code, § 4-1-17)

    (D) When any person is bitten by any animal, it should be the duty of the person or his or her parent or
guardian and the owner or keeper of the animal to immediately notify the Police Department thereof.
Immediately, the owner or keeper of the animal shall confine it securely for ten days at a place designated by
the Chief of Police, the confinement to be at the expense of the owner or keeper of the animal. Every
physician shall, within 24 hours after his or her first professional attendance upon a person bitten by any animal
having or suspected of having rabies, report to the Police Department the name, age, sex and address of the
person bitten as well as the name and address of the owner or keeper of the animal if known to the physician.
(`75 Code, § 4-1-18)

     (E) (1) Hospitals, clinics and other premises operated by licensed veterinarians for the care and
treatment of animals are exempt from the provisions of this chapter, except the duty to report rabies cases and
to comply with the provisions specifically naming duties and responsibilities of licensed veterinarians in relations
to animal regulation and rabies control.

            (2) The licensing and vaccination requirements of this chapter shall not apply to any animal belonging
to a non-resident of the village and kept within the village for not longer than 30 days, provided all animals
shall, at all times while in the village, be confined within a building, enclosure or vehicle or be under restraint by
the owner.
(`75 Code, § 4-1-19)

34                                      Tularosa - General Regulations




     The village shall establish and maintain an adequate animal shelter which shall be under the control and
management of the Chief of Police or his or her duly authorized agent or custodian. The agent or custodian so
designated by the Chief of Police shall have full charge of the management and conduct of the shelter and shall
be charged with the enforcement of the provisions of this chapter relative to animals
                                                     Animals                                                 35


at large and the impounding of animals. He or she shall pick up and impound all stray animals running at large
in the village contrary to the provisions of this chapter and, upon complaint made, shall investigate any
nuisance, as hereinbefore defined, and shall also investigate all violations of this chapter. He or she shall have
the duty to take charge of all animals involved in the violation of this chapter or who shall constitute a nuisance,
as heretofore defined, and shall confine the animals violating this chapter to the animal shelter for disposition in
accordance with the provisions hereof.
(`75 Code, § 4-1-23)


36                                      Tularosa - General Regulations


4




                                  TITLE XI: BUSINESS REGULATIONS

                              Chapter

                                        110.      GENERAL LICENSING AND REGISTRATION
                                               PROVISIONS

                                        111.      COMMERCIAL SOLICITORS
                                     112.     PAWNBROKERS; SECOND-HAND DEALERS

                                     113.     ALCOHOLIC BEVERAGES




                                           1
2                           Tularosa - Business Regulations
          CHAPTER 110: GENERAL LICENSING AND REGISTRATION PROVISIONS


Section

                                      Licensing Provisions; Fees

    110.01   Policy
    110.02   Fee schedule
    110.03   License refusal; revocation
    110.04   Administration; records
    110.05   Fee assessment; issuance of license
    110.06   Exhibition of license
    110.07   Remedies
    110.08   Prior ordinances; application
    110.09   License regulations

                                     Registration Provisions; Fees

    110.20   Imposition of fee
    110.21   Exemption
    110.22   Application procedure
    110.23   Renewal; application
                                     LICENSING PROVISIONS; FEES


§ 110.01 POLICY.

    (A) The Governing Body hereby declares that the licensing or regulation of businesses not otherwise
exempt by law is conducive to the promotion of the health and general welfare of the village and hereby
imposes a license fee and a separate license on each place of business conducted by the same person.

     (B) The Governing Body hereby finds the fees enumerated in § 110.02 reasonably related to the
expenses of regulating the businesses therein described and issuing licenses.
(`75 Code, § 5-3-1)




                                                          3

4                                      Tularosa - Business Regulations


§ 110.02 FEE SCHEDULE.

     (A) Any person engaged in any business hereinafter listed shall, before commencing business and, if
appropriate, annually thereafter, as provided in § 110.05 secure a license from the Clerk-Treasurer therefore,
and shall pay a license fee according to the following schedule and rates:

          (1) Masseurs: $35 per annum.

          (2) Itinerant peddlers, vendors, hawkers, photographers and persons other than itinerant vendors
who shall temporarily bring into the village stock or samples of goods, wares or merchandise and offer the
same for sale at public auction or private sale, either present or future; provided that nothing herein shall apply
to any resident of the state selling wood, fruits, farm or garden produce of their own raising or fresh meat
butchered from animals of their own raining; provided further, that these fresh meats meet all sanitation and
inspection requirements of state law: $35 for two consecutive days.

          (3) Traveling shows, sparring exhibits, wrestling exhibits, which shall furnish a certificate of liability
insurance with minimum limits of $100,000/$300,000 per incident: $35 per annum.

           (4) Circuses and carnivals; such persons shall furnish a certificate of liability insurance with minimum
limits of $100,000/$300,000; the Governing Body has authority to exempt circuses and carnivals sponsored
by civic clubs or non-profit organizations: $35 for two consecutive days.

          (5) Amusements and amusement parks, excluding dances: $35 for two consecutive days.

          (6) Fortune tellers, clairvoyants, palmists and similar occupations: $35 per annum.

          (7) Auctioneers; this division (A)(7) shall not apply to any auction or judicial sale held pursuant to
state law: $35 per annum.

         (8) Automatic selling machines or devices, slot weighing machines and other coin-operated devices:
$35 per annum (each).

        (9) Tree cutting or trimming; such persons shall furnish a certificate of liability insurance with
minimum limits of $1,000,000/$300,000 and $50,000 property damage: $35 per annum.

         (10) Fairs, festivals and fiestas sponsored and conducted by charitable fund raising organizations at
special events not to exceed two days per event involving one or more separate booths and/or vendors
approved by the organization: $25 per function.

         (11) Tatoo parlor: $35 per annum.

     (B) A separate license is hereby imposed on each place of business conducted or maintained by the
same person.
(`75 Code, § 5-3-2) (Am. Ord. 165, passed 10-17-1995; Am. Ord. 168, passed 3-19-1995; Am. Ord.
217, passed 12-20-2005)

2006 S-3
                               General Licensing and Registration Provisions                                          5


§ 110.03 LICENSE REFUSAL; REVOCATION.

     (A) For the purpose of regulation, the Governing Body may refuse to grant a license or revoke a license.

     (B) No license application shall be refused until after a public hearing conducted in accordance with the
Battershell Guidelines at which the applicant or licensee shall be given an opportunity to be heard.

     (C) At a public hearing concerning the refusal or revocation of a license, the applicant or licensee and
representative of the village shall be allowed to present evidence, either orally or in writing, relevant to the
effect of the business on the health, safety or welfare of citizens of the village. The license shall be refused or
revoked if a majority of the members of the Governing Body:

          (1) Find that the business of the applicant or licensee is substantially detrimental to the health, safety
or welfare of the citizens of the village;
           (2) The applicant or licensee is guilty of violating an ordinance of the village relating to the granting of
a license; or

        (3) The applicant or licensee is guilty of violating any ordinance of the village relative to the business.
(`75 Code, § 5-3-3) (Am. Ord. 217, passed 12-20-2005)


§ 110.04 ADMINISTRATION; RECORDS.

    (A) The Village Clerk or Deputy shall prepare all licenses authorized by this code and countersign the
same under the seal of the village.

     (B) The Village Clerk or Deputy shall keep a full and complete record of all licenses issued with the
names of the parties in whose favor they are drawn, including dates, amounts, numbers and purposes for which
given.

     (C) Licenses shall contain the signature and seal of the issuing officer and shall show the name, address
and photograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the
amount of fee paid, if any, the date of issuance and the length of time the same shall be operative, as well as the
license number and other identifying description of any vehicle used in the peddling.
(`75 Code, § 5-3-4) (Am. Ord. 217, passed 12-20-2005)




2006 S-3
6                                       Tularosa - Business Regulations


§ 110.05 FEE ASSESSMENT; ISSUANCE OF LICENSE.

     (A) (1) On or before the annual renewal date for each license issued, every person engaging in a
business, described in § 110.02, shall apply for a business license for the following year.

           (2) Every person filing an application for a business license shall include in the application the amount
of gross receipts of the business done during the previous calendar year within the village. No business license
shall be issued to any person who has not furnished to the village the information required in this section.

          (3) (a) All applications for a new business shall contain a detailed description including:

                    1.   Nature of business and both the physical address and mailing address of the business;

                    2.   Hours of operation;
                    3.   Site plan if new construction or modification of existing structures is required;

                    4.   Site plan and size of sign complying with Chapters 151 and 153;

                     5. Current New Mexico combined reporting system number or copy of application for
such identification number.

               (b) This shall be reviewed to assure conformance with current zoning, use, health and
sanitation, and noise regulations.

      (B) Upon receipt of the application, the original shall be referred to the Chief of Police, who shall cause
the investigation of the applicant to be made as he or she deems necessary for the protection of the public
good and to the Fire Chief and Planning and Zoning Commission all of whom shall note their concurrence or
non-concurrence provided that if non-concurrence is noted, the reason shall be stated.

     (C) If, as a result of the investigation, the applicant is found to be unsatisfactory, the Chief of Police, Fire
Chief and Planning and Zoning Commission shall endorse on the application the reasons for the same and
return the application to the Village Clerk or Deputy, who shall notify the applicant that no permit can be issued
without the approval of the Governing Body, after a hearing held pursuant to § 110.03. The Village Clerk or
Deputy shall notify the applicant of the time and place of the hearing before the Governing Body.

    1   If, as a result of the investigation, the applicant is found to be satisfactory, the Chief of Police, Fire
        Chief and Planning and Zoning Commission shall endorse on the application approval and the Village
        Clerk or Deputy shall execute a permit, addressed to the applicant for the carrying on of the business
        applied for, upon payment of the prescribed license fee. The license shall be signed by the Village
        Clerk or Deputy and the Mayor and a list of such licenses shall be made part of the consent agenda of
        the next regular meeting of the Governing Body.
        2 2006 S-3
                                 General Licensing and Registration Provisions                                     7


      (E) (1) As soon as convenient, on or before the annual renewal date each year, the Governing Body
shall give notice of the business license fee to each business and not less than five days' notice of a hearing
when protest may be made as to the fee assessment.

          (2) If the Governing Body determines at the hearing that the business license fee is reasonably
related to the expense to the village of regulating of and issuing of the license, the business license fee shall be
assessed upon the business.

           (3) Upon payment of its business license fee, the Village Clerk or Deputy shall issue a business
license to the business.
(`75 Code, § 5-3-5) (Am. Ord. 204, passed 5-20-2003; Am. Ord. 217, passed 12-20-2005)


§ 110.06 EXHIBITION OF LICENSE.
     The license issued to each person hereunder shall, at all times, be exhibited in a prominent place in the
particular place of business or office.
(`75 Code, § 5-3-6)


§ 110.07 REMEDIES.

     All remedies provided herein and by state law are of equal application hereto and the village may use any
of them in collecting license fees.
(`75 Code, § 5-3-7)


§ 110.08 PRIOR ORDINANCES; APPLICATION.

     This chapter does not apply to taxes or fees liability for payment of which was incurred prior to its
effective date, or to any act done prior thereto. The payment, collection or enforcement of taxes is to be
accomplished according to the provisions of appropriate ordinances previously in force and in every manner as
though this code of ordinances had not been enacted.
(`75 Code, § 5-3-8)


§ 110.09 LICENSE REGULATIONS.

     The Board of Trustees has the power to adopt additional rules and regulations with respect to all licenses
and licensing actions, as specified herein, if the Board determines the regulations are in the public interest.
(`75 Code, § 5-3-9)




2006 S-3

8                                     Tularosa - Business Regulations


                                 REGISTRATION PROVISIONS; FEES


§ 110.20 IMPOSITION OF FEE.

     There is imposed on each place of business conducted in this municipality a business registration fee of
$35. The fee is imposed pursuant to NMSA § 3-38-3, as it now exists or is amended and shall be known as
the business registration fee. The business registration fee may not be prorated for businesses conducted for a
portion of the year.
(Ord. 124A, passed 8-16-1988)
§ 110.21 EXEMPTION.

    No business registration fee shall be imposed on any business which is licensed under §§ 110.01 through
110.09 above, pursuant to NMSA § 3-38-1.
(Ord. 124A, passed 8-16-1988)


§ 110.22 APPLICATION PROCEDURE.

     Any person proposing to engage in business within the municipal limits of the village shall apply for and
pay a business registration fee for each outlet, branch or location within the municipal limits of the village prior
to engaging in business unless the person is required to obtain a business license fee under §§ 110.01 through
110.09 above.
(Ord. 124A, passed 8-16-1988)


§ 110.23 RENEWAL; APPLICATION.

      (A) On or before the first anniversary date of the issuance of the Business Registration Certificate any
person with a place of business in the village and subject to this subchapter shall apply for renewal of business
registration with the Clerk-Treasurer. Any person who fails to pay the registration fee by the anniversary date
shall pay a late fee of $10 per year.

     (B) Any person filing an application for issuance or renewal of any business registration shall include in
the application his or her current revenue division taxpayer identification number or evidence of application for
a current revenue division taxpayer identification number.
(Ord. 124A, passed 8-16-1988; Am. Ord. 205, passed 11-18-03)




2004 S-2
                            CHAPTER 111: COMMERCIAL SOLICITORS


Section

     111.01   Definitions
     111.02   License required
     111.03   Exemptions
     111.04   Application
     111.05   Fees and duration
     111.06    Licenses and identification
     111.07    Regulations generally
     111.08    Suspension or revocation of license
     111.09    Appeals
     111.10    Renewals




§ 111.01 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

     COMMERCIAL SOLICITORS. Those persons engaged in the practices enumerated herein and shall
include all persons engaged in solicitation activities within the village who are required to obtain business
licenses or registrations under other provisions of this title.

   SOLICITATION ACTIVITIES. The practices of solicitors as listed in divisions (1) and (2) under
SOLICITOR.

     SOLICITOR. Any person, whether a resident of the village or not, including an employee or agent of
another, traveling either by foot, automobile, truck or other type of conveyance, who engages in the practice of
going door-to-door, house-to-house-to-house or along any streets within the village:

          (1) Selling or taking orders for or offering to sell or take orders for goods, merchandise, wares or
other items of value for future delivery or for services to be performed in the future for commercial purposes;
or

                                                       9
10                                      Tularosa - Business Regulations


          (2) Requesting contribution of funds, property or anything of value or of the pledge of any type of
future donation or selling or offering for sale any type of property, including, but not limited to goods, tickets,
books and pamphlets, for political, charitable, religious or other noncommercial purposes.
(Ord. 164, passed 10-17-1995)


§ 111.02 LICENSE REQUIRED.

     It shall be unlawful for any commercial solicitor to engage in solicitation activities in the village without first
obtaining a license from the village.
(Ord. 164, passed 10-17-1995) Penalty, see § 10.99
§ 111.03 EXEMPTIONS.

     (A) Minors under the age of 18 who participate in solicitation activities are exempt from the licensing
requirements of this section, except when they are acting as agents of adults covered by this section.

     (B) Persons, organizations and other entities who are not otherwise required by the provisions of this
code of ordinances to obtain business registrations and/or licenses shall be exempt from the licensing
requirements of this section.
(Ord. 164, passed 10-17-1995)


§ 111.04 APPLICATION.

     The application for a commercial solicitor's license shall contain all information relevant and necessary to
determine whether a particular license may be issued, including, but not limited to:

     (A) Proof of the identity and residence address of the applicant;

     (B) A brief description of the nature, character and quality of the goods, merchandise or services to be
sold, if any;

    (C) If a solicitor is employed or acting on behalf of another, the name, business address and telephone
number of such person, firm, association, organization, company or corporation; and

    (D) Tax identification number.
(Ord. 164, passed 10-17-95)
                                             Commercial Solicitors                                              11


§ 111.05 FEES AND DURATION.

     (A) Each applicant for a commercial solicitation license under this section shall pay an annual license fee
of $35 per solicitor.

    (B) A commercial solicitation license shall be valid from the date of issuance until the next December 31.
No credit or refunds shall be given for partial years.
(Ord. 164, passed 10-17-1995)


§ 111.06 LICENSES AND IDENTIFICATION.

    (A) The license issued to a commercial solicitor shall be carried with the solicitor while he or she is
engaged in the business of soliciting.

     (B) While performing solicitations, each solicitor, whether or not commercial and whether or not exempt
from the licensing requirements of this section, shall wear an identification badge which shall be worn in a way
that the badge may be easily read and which shall indicate the name and organization of the solicitor.

     (C) Commercial licenses and identification badges shall be used only by the person to whom they were
issued and may not be transferred to any other person.
(Ord. 164, passed 10-17-1995)


§ 111.07 REGULATIONS GENERALLY.

     The following regulations apply to solicitors engaged in solicitation activities in the village.

     (A) Solicitors shall be allowed to conduct solicitation activities only during daylight hours between sunrise
and sunset.

     (B) No solicitor shall engage in solicitation activities regulated under this section on village owned or
controlled property without first procuring special authorization from the Board of Trustees.

     (C) No person shall engage in solicitation activities in defiance of any notice exhibited by a resident or
business indicating that solicitors are not welcome or not invited.

      (D) No person shall engage in solicitation activities in defiance of a clear indication by occupants of a
residence or operators or owners of a business that solicitors are not welcome or are not invited. As used in
this section, clear indication shall include, but not be limited to posting of a notice on the property, verbal notice
or, in the case of commercial solicitation activities, registration with the village
12                                        Tularosa - Business Regulations


on a roster kept by the village for the purpose of indicating those places where commercial solicitors are
neither invited nor welcome. It shall be the duty of each commercial solicitor to be currently informed of all
persons and/or addresses on the no solicitors roster.

    (E) Every solicitor, whether required to be licensed or not, shall immediately furnish his or her name,
organization and address to any person who requests or demands that information while the solicitor is
conducting solicitation activities.
(Ord. 164, passed 10-17-1995) Penalty, see § 10.99


§ 111.08 SUSPENSION OR REVOCATION OF LICENSE.

     (A) Any license issued under this section may be suspended or revoked for any of the following reasons:

          (1) Fraud or misrepresentation in the application for license;

          (2) Fraud or misrepresentation in the course of conducting solicitation activities;
          (3) Conducting solicitation activities contrary to the conditions of the license; and

         (4) Conducting solicitation activities in such a manner as to create a public nuisance or constitute a
danger to the public health, safety or welfare.

     (B) Upon suspension or revocation, the village shall deliver written notice to the license holder stating the
action taken and the reasons supporting the action. The written notice shall be delivered to the license holder's
place of business or mailed to the license holder's last-known address.

     (C) No person who is required to be licensed by this section and whose license has been suspended or
revoked shall engage in commercial solicitation activities until the required license has been reinstated or
reissued.
(Ord. 164, passed 10-17-1995) Penalty, see § 10.99


§ 111.09 APPEALS.

      Persons whose licenses have been suspended or revoked may appeal by filing a written notice of appeal
with the village within ten days after receipt of the notice of suspension or revocation. The Board of Trustees
shall hear and determine the appeal in accordance with the Battershell Guidelines, and its decision shall be final.
(Ord. 164, passed 10-17-1995)




2006 S-3
                                              Commercial Solicitors                                                  13


§ 111.10 RENEWALS.

      Licenses may be renewed provided that an application for renewal and the appropriate license fees are
received by the village no later than the expiration date of the current license. Applications received after the
date shall be processed as new applications. The village shall review each renewal application to determine
that the applicant is in full compliance with the provisions of this section. If the village finds that the application
meets the requirements, the village shall issue a new license.
(Ord. 164, passed 10-17-1995)
14                                       Tularosa - Business Regulations


                   CHAPTER 112: PAWNBROKERS; SECOND-HAND DEALERS


Section
     112.01   License required
     112.02   Bond
     112.03   Records
     112.04   Reports
     112.05   Transactions with juveniles and the like
     112.06   Evidence of ownership; prerequisite to certain transactions
     112.07   Compliance required
     112.08   Hours of business
     112.09   Definition
     112.10   Records required
     112.11   Inspection permitted
     112.12   Garage and yard sales




§ 112.01 LICENSE REQUIRED.

     No pawnbroker, person, firm or corporation whose business it is to trade or receive by way of pledge or
pawn, any kind of personal property as security for the repayment of money loaned or advanced, shall engage
in business within the village without having paid the required license fee and having obtained the license
required by the provisions of this chapter.
(Ord. 133, passed 3-20-1990) Penalty, see § 10.99


§ 112.02 BOND.

      (A) No person shall engage in the business of a pawnbroker without having executed and delivered to the
village a bond to be approved by the Board of Trustees in the penal sum of $10,000 with a corporate surety
authorized by the laws of the state to write surety bonds therein, and conditioned for the conduct of the
pawnbrokers business according to law and for the due and faithful observance of each and every provision of
this chapter.

     (B) The bond shall be for the benefit of the village and of each and every person damaged by a breach of
any condition thereof.
(Ord. 133, passed 3-20-1990) Penalty, see § 10.99

                                                    15
16                                   Tularosa - Business Regulations


§ 112.03 RECORDS.

    (A) It shall be the duty of every person engaged in the business of a pawnbroker in the village to provide
a well-bound book or ledger to be kept at his or her place of business, in which a record of all transactions
had by the person shall be kept.

      (B) The record shall contain an accurate and complete description of each and every article taken in as a
pledge or purchased by him or her and shall list any identifying serial numbers or other identifying marks or
numbers found on each article, together with an accurate and complete description of the parties from whom
the goods are received or purchased, together with the name of the person or persons, his, her or their
addresses, giving the house or street number of same, which book shall be open, at all times, to the inspection
of any member of the Police Department, any member of the Board of Trustees or any person who shall be
authorized by the Mayor, and there shall also be entered in such book the amount of the loan or purchase price
of all articles or things pawned or bought, the rate of interest to be paid on the loan, if the transaction is a loan;
and the other information as may from time to time be required by the Chief of Police.

     (C) The book and record above required to be kept shall be written in the English language in a clear and
legible manner.
(Ord. 133, passed 3-20-1990)


§ 112.04 REPORTS.

      (A) It shall be the duty of every person engaged in the business of a pawnbroker to furnish daily, an
accurate and complete report, before 12:00 noon of each business day, to the Chief of Police, on blanks to be
furnished by the director, which report shall show all property of every kind, received or purchased by him or
her, together with the description of the property, including any identifying serial numbers or other identifying
marks or numbers found on each article, and the description of the person's address.

    (B) The report shall give the age, complexion, sex and approximate height of the person delivering the
property to the pawnbroker, together with the time at which the property was received and the report shall
contain any other information which, from time to time, may be required by the Chief of Police.
(Ord. 133, passed 3-20-1990)
                                   Pawnbrokers; Second-Hand Dealers                                        17


§ 112.05 TRANSACTIONS WITH JUVENILES AND THE LIKE.

     It shall be unlawful for any person engaged in the business of pawnbroker in the village to buy or accept
property as a pledge from any juvenile without the written consent of the parent or guardian of the juvenile to
so deliver or dispose of the property, or to buy or accept property as a pledge from any person who is at the
time intoxicated, from a habitual drunkard or from any person known by him or her to be a thief or an
associate of thieves or a receiver of stolen property.
(Ord. 133, passed 3-20-1990) Penalty, see § 10.99


§ 112.06 EVIDENCE OF OWNERSHIP; PREREQUISITE TO CERTAIN TRANSACTIONS.

     (A) It shall be unlawful for any person engaged in the business of a pawnbroker, to buy any property of
any kind, or receive the same as a pledge, which property is distinctly and plainly marked as being the property
of any person other than the party offering to sell or pledge the same unless the party offering to sell or pledge
the same shall show satisfactory evidence, in writing, that he or she is the legal and lawful owner of the
property.

      (B) Failure to require written evidence shall be prima facie evidence of guilty knowledge on the part of
such pawnbroker, his or her agents or employees, that the party offering to pledge or sell the same is not the
rightful owner thereof, and shall be sufficient cause for the revocation of the license of the pawnbroker by the
Board of Trustees after a public hearing.
(Ord. 133, passed 8-20-1990) Penalty, see § 10.99


§ 112.07 COMPLIANCE REQUIRED.

     It shall be unlawful for any person to act as the agent, servant or employee of any person engaged in the
business of a pawnbroker who does not keep a record book as required by the provision of this chapter, and
who does not make reports to the Chief of Police as herein required.
(Ord. 133, passed 8-20-1990) Penalty, see § 10.99


§ 112.08 HOURS OF BUSINESS.

     It shall be unlawful for any person engaged in the business of pawnbroker to keep such place of business,
or to transact any business at such place of business, between the hours of 7:30 p.m. and 6:00 a.m., on the
following day, and it shall be the duty of such person so engaged in business to keep such place of business
closed between the hours above mentioned.
(Ord. 133, passed 8-20-1990) Penalty, see § 10.99
18                                    Tularosa - Business Regulations


§ 112.09 DEFINITION.

      Any person who shall engage in the business of purchase, sale, barter, trade, consignment or exchange of
secondhand goods, wares or merchandise, whether in a fixed and established location of business or otherwise
shall hereby be defined as a SECOND-HAND DEALER, provided that, transactions involving a trade-in of
goods, wares or merchandise on the purchase of other goods, wares or merchandise where no cash is paid to
the person making such trade-in shall not be defined as being in the business of SECOND-HAND
DEALER.
(Ord. 133, passed 8-20-1990) Penalty, see § 10.99


§ 112.10 RECORDS REQUIRED.

    Every secondhand dealer shall keep a permanent record on forms provided by the Chief of Police
providing the following information:
    (A) The date and hour of purchase of all second-hand goods, wares or merchandise.

    (B) The name, age, address and physical description of the vendor.

    (C) The amount of money paid in any such transaction.

    (D) A complete and accurate description of the goods, wares or merchandise purchased.
(Ord. 133, passed 8-20-1990)


§ 112.11 INSPECTION PERMITTED.

      The records required by the provisions of this chapter, as well as all merchandise or articles purchased,
shall at all times be open and available to inspection by the Chief of Police or any Village police officer.
(Ord. 133, passed 8-20-1990)


§ 112.12 GARAGE AND YARD SALES.

     (A) Applicability of chapter. Garage and yard sales, as defined below, need not be licensed or
registered under the provisions of this chapter.

    (B) Definition. CONDUCT OF SALES. Garage or yard sales are sales in which personal property
and/or used merchandise is offered for sale, which are conducted on residential premises by one or more
member of the family or families who live there, and to which the public is invited.
                                   Pawnbrokers; Second-Hand Dealers                                     19


    (C) Permitted. Garage and yard sales are permitted in the city provided that:

         (1) Garage and yard sales shall only be held between the hours of 8:00 a.m. and 8:00 p.m. and shall
not exceed three-consecutive days' duration. No more than three sales shall be held at a given residence in
any 12-month period. No more than two garage or yard sales shall be conducted at the same location within
90 days of another such sale at such location by the same person(s).

         (2) Garage and yard sales are intended for the sale of items normally accumulated by a household.
No items shall be sold at a garage or yard sale which were specifically purchased for the purpose of resale.

         (3) Signs may be erected no earlier than 6:00 a.m. on the first day of the sale and shall be removed
by 9:00 p.m. on the last day upon which the sale is held.

         (4) No garage or yard sale shall be conducted in such a manner as to create a nuisance or hazard.

    (D) Exemptions. These provisions shall not apply to or affect the following:
          (1) Persons acting pursuant to an order or process of a court of competent jurisdiction.

         (2) Persons acting in accordance with their powers and duties as public officials.
(Ord. 133, passed 8-20-1990)
20                                  Tularosa - Business Regulations


                             CHAPTER 113: ALCOHOLIC BEVERAGES


Section

                                             General Provisions

    113.01 Definitions

                                            Licensing Provisions

    113.15    License required
    113.16    Application and fees
    113.17    Tax period; date of payment
    113.18    Persons prohibited from obtaining licenses
    113.19    Special licenses
    113.20    Revocation or suspension of licenses

                                    Conditions for Possession and Sale

    113.35    Delivery for resale
    113.36    Consumption or sale in public places
    113.37    Curb service
    113.38    Possession in certain premises
    113.39    Hours of sale
    113.40    Drinking in certain places
    113.41    Sale to intoxicated persons
    113.42    Minors
    113.43    Inspection of premises




                                        GENERAL PROVISIONS


§ 113.01 DEFINITIONS.
     All words and terms used in this chapter shall be deemed to have and carry the meaning as defined by the
laws of the state and, where words and terms are not defined by the laws of the state, then they shall be
deemed to have and carry their common, ordinary meaning.
(`75 Code, § 5-1-1)


                                                        21

22                                     Tularosa - Business Regulations


                                         LICENSING PROVISIONS


§ 113.15 LICENSE REQUIRED.

     (A) The sale, possession for the purpose of sale or offering for sale, manufacture or transportation of
alcoholic liquors is hereby prohibited within the village, except upon the terms and conditions specified in this
chapter and upon the terms and conditions specified by state statute.
(`75 Code, § 5-1-2)

     (B) No license shall be issued under this chapter to any person who shall not, as a condition precedent,
secure a license from the Bureau of Revenue, as provided by law.
(`75 Code, § 5-1-3)


§ 113.16 APPLICATION AND FEES.

      Persons desiring to obtain a license to sell alcoholic liquors within the limits of the village shall file an
application with the Village Clerk-Treasurer on or before June 15 of each year or prior to engaging in business
in the case of new businesses, stating the location of the proposed place of business, the kind of license desired
by the applicant and the date on which he or she intends to commence business. The application shall be
accompanied by the required license fee to cover the period of time from the date of the application to June 30
following; the fee for less than one year to be determined by the provisions hereinafter set out. The application
shall comply with state law.
(`75 Code, § 5-1-5) (Am. Ord. 204, passed 5-20-2003)


§ 113.17 TAX PERIOD; DATE OF PAYMENT.

     (A) (1) All licenses shall be issued on a yearly basis, and the license tax period shall begin July 1 of each
year and end June 30 following the date of issuance; provided that the tax shall be prorated as set forth in §
113.16.

          (2) In the case of persons desiring to continue a business for the sale of alcoholic liquors, the tax
herein assessed shall be paid in a lump sum on or before July 1 in each year or may, at the applicant's option,
be paid one-half on or before July 1 in each year and the remaining one-half on or before January 1 following.
(`75 Code, § 5-1-8)




2003 S-1
                                            Alcoholic Beverages                                                 23


     (B) It shall be unlawful for any person within the corporate limits of the village to possess, sell or
transport any alcoholic liquors upon which the taxes and/or duties levied and required by the state and/or the
United States of America have not been paid. The possession of alcoholic liquors in any container not bearing
any stamp, inscription or symbol required by the laws of the state and/or the United States of America shall be
prima facie evidence that the taxes and/or duties levied and required by the state and/or the United States of
America, have not been paid on the alcoholic liquors.
(`75 Code, § 5-1-12) Penalty, see § 10.99


§ 113.18 PERSONS PROHIBITED FROM OBTAINING LICENSES.

    The following classes of persons shall be prohibited from receiving licenses under the provisions of this
chapter:

     (A) Persons who have been convicted of two separate violations of this chapter in any calendar year or
of any felony, except those persons restored to civil rights;

    (B) A person who is not a citizen of the United States;

    (C) A person under the age of 21 years;

    (D) A corporation which is not duly qualified to do business in the state;

    (E) A person who is not the real party in interest in the business to be conducted under the license for
which application is made;

     (F) Any person who has not procured from the Bureau of Revenue a retailer's license, a dispenser's
license or a club license in conformity with the laws of the state; and

     (G) Any person not qualified under the terms of this chapter.
(`75 Code, § 5-1-9)
§ 113.19 SPECIAL LICENSES.

     Any person holding a dispenser's license may dispense alcoholic liquors at any fair or other public
celebration held within the limits of the village, upon receiving a concession from the Governing Body of the fair
or celebration; provided, however, that the dispensing is allowed by the laws of the state and all requirements
of the laws of the state regulating dispensing of alcoholic liquors on the occasions as complied with.
(`75 Code, § 5-1-10)




2003 S-1
24                                     Tularosa - Business Regulations


§ 113.20 REVOCATION OR SUSPENSION OF LICENSES.

     Revocation or suspension of any retailer's, dispenser's or club license shall not entitle the licensee to the
refund of any portion of the village tax paid or relieve the licensee from the obligation of the payment of any
deferred installment thereof.
(`75 Code, § 5-1-11)




                             CONDITIONS FOR POSSESSION AND SALE


§ 113.35 DELIVERY FOR RESALE.

     It shall be unlawful for any person to deliver any alcoholic liquors for resale in the village unless the person
has complied with the provisions of the laws of the state in every respect as to permits, quantity, shipper and
consignee and all other provisions of law.
(`75 Code, § 5-1-4) Penalty, see § 10.99


§ 113.36 CONSUMPTION OR SALE IN PUBLIC PLACES.

      It shall be unlawful to drink or consume alcoholic liquors for any person who is the owner or proprietor to
sell, serve, furnish or permit drinking or consumption of alcoholic liquors in any public dance hall, pool room,
bowling alley, street or in any public place, except inside of buildings in which is conducted a business, the
business being duly licensed by the village to dispense alcoholic liquors and except as may be provided by §
113.18 or by state law.
(`75 Code, § 5-1-13) Penalty, see § 10.99
§ 113.37 CURB SERVICE.

     It shall also be unlawful for any licensee to give any kind of curb service of alcoholic liquors, except in
unbroken packages, outside of the building on the premises at which the licensee's business is operated, except
to customers seated at tables.
(`75 Code, § 5-1-14) Penalty, see § 10.99


§ 113.38 POSSESSION IN CERTAIN PREMISES.

     It shall be unlawful for any dispenser or retailer to sell or possess for the purpose of sale any alcoholic
liquors at any location or place, except the licensed premises or the location permitted under § 113.19.
(`75 Code, § 5-1-15) Penalty, see § 10.99

2003 S-1
                                             Alcoholic Beverages                                               25


§ 113.39 HOURS OF SALE.

     (A) Alcoholic liquors shall be served, delivered or consumed on licensed premises only during the
following hours and days:

         (1) On Mondays from 7:00 a.m. until midnight;

          (2) On other weekdays from after midnight of the previous day until 2:00 a.m., then from 7:00 a.m.
until midnight; and

          (3) On Sundays only after midnight of the previous day until 2:00 a.m., except as provided in
division (B) below.

     (B) (1) Any holder of a dispenser's or club license may, upon payment of an additional fee of $100,
obtain a permit to sell, serve or permit the consumption of alcoholic liquors by the drink on the licensed
premises on Sundays from 12:00 noon until midnight, except as otherwise provided in division (C) below. The
permit shall expire on June 30 of each year and may be renewed from year to year upon application for
renewal and payment of the required fee.

         (2) The permit fee shall not be prorated.

         (3) Sales made pursuant to this division (B) shall be called Sunday sales.

     (C) Dispenser, retail and club licensees shall close their places of business during voting hours on the days
of the primary election, general election, elections for officers of the village, and any other election as
prescribed by the rules and regulations of the Director of the Department of Alcoholic Beverage Control.
Dispenser, retail and club licenses shall also close places of business from 2:00 a.m. on Christmas Day until
7:00 a.m. on the day after Christmas.
(`75 Code, § 5-1-16)


§ 113.40 DRINKING IN CERTAIN PLACES.

     It shall be unlawful for any person to drink or consume any alcoholic liquors in any washroom or toilet of
any dispenser or to drink or consume upon the premises of any dispenser any alcoholic liquors purchased
therein in the unbroken package, except wine so purchased to be consumed with meals on the premises or to
drink on the premises of any dispenser any alcoholic liquors obtained elsewhere.
(`75 Code, § 5-1-17) Penalty, see § 10.99




2003 S-1
26                                     Tularosa - Business Regulations


§ 113.41 SALE TO INTOXICATED PERSONS.

     It shall be unlawful for any person to sell, serve, give or deliver alcoholic liquors to or to procure or aid in
the procurement of any alcoholic liquors for any intoxicated person.
(`75 Code, § 5-1-18) Penalty, see § 10.99


§ 113.42 MINORS.

      (A) It shall be unlawful for any retailer, dispenser, bartender, waiter or servant of any retailer or dispenser
or any other person, except the parent or guardian of any minor or adult person into whose custody any Court
has committed the minor for the time, outside of the actual, visible presence of the minor's parents, guardian or
the adult person into whose custody any Court has committed the minor for the time, to do any of the following
acts:

          (1) To sell, serve or give any alcoholic liquor to a minor or to permit a minor to consume alcoholic
liquor on the licensed premises;

          (2) To buy alcoholic liquor for or to procure the sale or service of alcoholic liquor to a minor;

          (3) To deliver alcoholic liquor to a minor; and/or
          (4) To aid or assist a minor to buy, procure or be served with alcoholic liquor.

     (B) It shall be unlawful for any person to permit any person under the age of 21 years to sell or serve
alcoholic liquors, including wines and beer.

     (C) It shall be unlawful for a minor to buy, receive or permit himself or herself to be served with any
alcoholic liquor, except when accompanied by his or her parent, guardian or adult person into whose custody
he or she has been committed for the time by some Court who is actually visibly and personally present at the
time the alcoholic liquor is bought or received by him or her or served or delivered to him or her.

     (D) In the event any person, except a minor, shall procure any other person to sell, serve or deliver any
alcoholic liquor to a minor by actual or constructive misrepresentation of any facts calculated to cause, or by
the concealment of any facts the concealment of which is calculated to cause the person selling, serving or
delivering the alcoholic liquors to the minor, that the minor is legally entitled to be sold, served or delivered
alcoholic liquors, and actually deceiving him or her by the misrepresentation or concealment, then that person,
and not the person so deceived by the misrepresentations or concealment, shall have violated this chapter.




2003 S-1
                                              Alcoholic Beverages                                                27


     (E) In any proceedings under division (A) above, it shall not be necessary for the prosecution or any
person, official or party urging or contending that the section has been violated, to allege or prove that the
parent, guardian or any adult person into whose custody any minor has been committed by any Court was not
actually visibly and personally present at the time of the alleged violation, but the matters are matters of defense
to be established and proved by the person against whom the prosecution or proceeding is brought.

     (F) For the purpose of this section, the following definition shall apply unless the context clearly indicates
or requires a different meaning.

        MINOR. Any person under 21 years of age.
(`75 Code, § 5-1-19) Penalty, see § 10.99


§ 113.43 INSPECTION OF PREMISES.

      The Police Department shall inspect all places where alcoholic liquors are sold under license from the
village as often as is necessary to check for compliance with this chapter.
(`75 Code, § 5-1-20)
2003 S-1
28                   Tularosa - Business Regulations

5




               TITLE XIII: GENERAL OFFENSES

           Chapter

                     130.     GENERAL PROVISIONS
                                      131.      OFFENSES AGAINST PROPERTY

                                      132.      OFFENSES AGAINST MORALS

                                      133.      OFFENSES AGAINST OR PERTAINING TO
                                             MINORS

                                      134.      OFFENSES AGAINST PUBLIC ADMINISTRATION

                                      135.      OFFENSES AGAINST ANIMALS

                                      136.      OFFENSES AGAINST PERSONS

                                      137.      WEAPONS




                                               1
2                                 Tularosa - General Offenses
                             CHAPTER 130: GENERAL PROVISIONS


Section

    130.01   Short title
    130.02   Limitations on actions
    130.03   Jurisdiction
    130.04   Definitions

    130.99 Penalty
Cross-reference:
     Health and sanitation; nuisances, see Ch. 90




§ 130.01 SHORT TITLE.

    This title may be cited as the Criminal Code of Tularosa.
(Ord. 89, passed 7-17-1979)


§ 130.02 LIMITATIONS ON ACTIONS.

     All prosecutions for the alleged violation of this title shall be commenced within one year after the alleged
violation and shall be barred thereafter.
(Ord. 89, passed 7-17-1979)


§ 130.03 JURISDICTION.

     This title applies only to offenses committed within the village limits, as those limits may from time to time
be established.
(Ord. 89, passed 7-17-1979)




                                                        3

4                                       Tularosa - General Offenses
           PRIVATE PARTS OF THE BODY. The penis, scrotum or rectum of a male or the vagina,
clitoris or rectum of a female, or pubic hair of a male or female.

          PROSTITUTE. A person who engages in or offers to engage in the commission of a sex act for
anything of value.
                                    General Provisions                                               5


          PUBLIC EMPLOYEE. Any person receiving remuneration for regular services rendered to the
state or any of its political subdivisions.

          PUBLIC OFFICER. Any elected or appointed officer of the state or any of its political
subdivisions, whether or not he receives remuneration for his or her services.

           PUBLIC PLACE. Includes, but is not limited to public dance halls, pool rooms, bars, saloons,
bowling alleys, coffee houses, commercial establishments patronized by the public, city, county, state or federal
buildings, streets, sidewalks, parks or alleys.

        SEX ACT. The engaging in cunnilingus, buggery, pederastry, necrophilia, fellatio, bestiality,
sodomy, sexual intercourse or the manipulation of the testicles or penis of a male or the vulva or clitoris of a
woman by hand or any mechanical means.

          SHALL. The act referred to is mandatory and not merely directory.

          VILLAGE. The Village of Tularosa, New Mexico.

    (B) Any other term used in this title is used in its commonly accepted meaning, except where another
term has been defined elsewhere in this title.
(Ord. 89, passed 7-17-1979)
§ 130.99 PENALTY.

     (A) Any person convicted of any violation, defined in this title, shall be punished by a fine of not more
than $500 or by imprisonment not exceeding 90 days, or both, unless a different specific penalty is provided.

     (B) Upon conviction of a second violation of any provision in this title in addition to any other penalties,
the weapon or weapons used in the second offense shall be forfeited to the village.

     (C) Any fireworks, gambling devices or other equipment of any kind used in gambling and any money
seized in connection with any gambling or gambling equipment shall be retained by the Police Chief until the
property is disposed of by order of the Court.

     (D) The Court may sentence any corporation, club, organization or unincorporated association, which
has been convicted of a violation of this title, to pay a fine authorized hereby.




2003 S-1
6                                        Tularosa - General Offenses
2003 S-1
                         CHAPTER 131: OFFENSES AGAINST PROPERTY


Section

    131.01    Injuring or tampering with vehicles
    131.02    Criminal damage to property
    131.03    Protection of ditches
    131.04    Trespassing
    131.05    Wrongful entry of public facility




§ 131.01 INJURING OR TAMPERING WITH VEHICLES.

    It shall be unlawful for any person to individually or in association with one or more persons to:

     (A) Purposely and without authority from the owner, start or cause to be started, the motor of any motor
vehicle;
     (B) Purposely and maliciously shift or change the starting device or gears of a standing motor vehicle to a
position other than that in which they were left by the owner or driver of said motor vehicle;

    (C) Purposely scratch or damage the chassis, running gear, body, sides, top covering or upholstery of a
motor vehicle, without permission of the owner thereof;

     (D) Purposely destroy any part of a motor vehicle or purposely cut, mash, mark or in any other way
destroy or damage any part, attachment, fastening or appurtenance of a motor vehicle, without the permission
of the owner thereof;

     (E) Purposely drain or start the drainage of any radiator or oil tank or gas tank upon a motor vehicle
without the permission of the owner thereof;

     (F) Purposely puts any metallic or other substance or liquid in the radiator, carburetor, oil tank, grease
cup, oilers, lamps, gas tanks or machinery of the motor vehicle with the intent to injure or damage the same or
impede the working of the machinery thereof;

                                                      7
8                                        Tularosa - General Offenses


(G) Maliciously tighten or loosen any bracket, bolt, wire, nut, screw or other fastening on a motor vehicle; or

(H) Purposely release the brake upon a standing motor vehicle, with the intent to injure the machine.




(A) Criminal damage to private property consists of intentionally damaging any real or personal property of


(B) Criminal damage to public property consists of intentionally damaging any real or personal property of the




It shall be unlawful for any person to drive any vehicle of any description across any of the ditches inside the
Trespassing consists of unlawfully and with intent:

    (A) Entering or remaining upon the property of another knowing that any consent to enter or remain has
been denied or withdrawn by the owner or occupant; or

     (B) Entering or remaining upon lands owned, operated or controlled by the state or any of its political
subdivisions, knowing that consent to enter or remain is denied or withdrawn by the owner or occupant
thereof.
(NMSA § 30-14-1) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99
                                         Offenses Against Property                                           9


§ 131.05 WRONGFUL ENTRY OF PUBLIC FACILITY.

     (A) Wrongful entry of a public facility consists of knowingly entering any public facility without permission
of the lawful custodian when the facility is not open to the public.

     (B) For the purpose of this section, the following definition shall apply unless the context clearly indicates
or requires a different meaning.

          PUBLIC FACILITY. Any building, structure or enclosure used for a public purpose or as a place
of public gathering owned or under the control of the state or one of its political subdivisions or a religious,
charitable, educational or recreational association.
(NMSA § 30-14-4) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


10                                       Tularosa - General Offenses


                           CHAPTER 132: OFFENSES AGAINST MORALS


Section

                               False Use of Property; Deception and Larceny

     132.01    Credit cards
     132.02    Embezzlement
     132.03    Extortion
     132.04    False pretenses
     132.05    Falsely obtaining services or accommodations
     132.06    Forgery
     132.07    Fraud
     132.08    Fraudulently avoiding payment of admission fees
     132.09   Worthless checks
     132.10   Larceny
     132.11   Receiving stolen property
     132.12   Shoplifting
     132.13   Possession of burglary tools
     132.14   Swindling
     132.15   Bribery of public official or employee

                                             Drugs and Alcohol

     132.25   Drinking in public places
     132.26   Selling alcohol in public places
     132.27   Marijuana; unlawful possession
     132.28   Drug paraphernalia

                                             Gambling; Raffles

     132.40   Definitions
     132.41   Gambling and lottery prohibited
     132.42   Permissive lottery
     132.43   Fraudulently operating a lottery
     132.44   Commercial gambling prohibited
     132.45   Premises; permission to gamble prohibited
     132.46   Gambling devices

                                                     11
12                                       Tularosa - General Offenses


                                             Indecent Exposure

     132.60 Indecent exposure

                                                 Prostitution

     132.70 Prostitution generally
     132.71 Patronizing prostitutes
     132.72 Promoting prostitution

     132.99 Penalty




                   FALSE USE OF PROPERTY; DECEPTION AND LARCENY
§ 132.01 CREDIT CARDS.

     (A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.

          ANYTHING OF VALUE. Includes money, goods and/or services.

         CARD HOLDER. The person or organization identified on the face of a credit card to whom or
for whose benefit the credit card is issued by an issuer.

          CREDIT CARD. Any instrument or device whether known as a credit card, credit plate, charge
card or by other name issued with or without fee by an issuer for the use of the card holder in obtaining money,
goods, services and/or anything of value, either on credit or in consideration of an understanding or guarantee
by the issuer of the payment of a check drawn by the card holder.

          EXPIRED CREDIT CARD. A credit card which shows on its face that it is outdated.

          INCOMPLETE CREDIT CARD. A credit card upon which a part of the matter, other than the
signature of a card holder, which an issuer requires to appear on the credit card before it can be used-by a
card holder, has not been stamped, embossed, imprinted or written on.

          ISSUER. The business organization or financial institution or its duly authorized agent which issues a
credit card.
                                     Offenses Against Morals                                                 13


        MERCHANT. Every person who is authorized by an issuer or a participating party to furnish
money, goods, services and/or anything else of value upon presentation of a credit card by a card holder.

         PARTICIPATING PARTY. A business organization or financial institution other than the issuer
which acquires for value a sales slip or agreement.

          REVOKED CREDIT CARD. A credit card for which the permission to use has been suspended
or terminated by the issuer and notice thereof has been given to the card holder.

      SALES SLIP OR AGREEMENT. Any writing evidencing a credit card transaction.
(NMSA § 30-16-25)

     (B) It shall be unlawful for a person to take a credit card from the person, possession, custody or control
of another without the card holder's consent, or who, with knowledge that it has been so taken, acquires or
possesses a credit card with the intent to use it or to sell it, or to transfer it to a person other than the issuer or
the card holder.
(NMSA § 30-16-26)
     (C) It shall be unlawful for a person other than the issuer who receives or possesses a credit card that he
or she knows or has reason to know to have been stolen, lost, mislaid or delivered by mistake as to the identity
or address of the card holder, to retain possession thereof with the intent to use it or to transfer it to a person
other than the issuer or the card holder.
(NMSA § 30-16-27)

     (D) It shall be unlawful for a person other than the issuer or his or her authorized agent, with intent to
defraud, transfer possession of a credit card to a person other than the person whose name appears thereon,
or a person who with intent to defraud, receives possession of a credit card issued in the name of a person
other than himself or herself from a person other than the issuer or his or her authorized agent.
(NMSA § 30-16-28)

     (E) It shall be unlawful for any person, with intent to defraud, receive, sell or transfer to a credit card by
making directly or indirectly, any false statement of a material fact, whether orally or in writing, respecting his or
her identity or financial condition or that of any other person, firm or corporation.
(NMSA § 30-16-29)

     (F) It shall be unlawful for any person other than a card holder or a person authorized by him or her, with
intent to defraud, sign the name of another or the name of a fictitious person to a credit card or to a sales slip
or agreement.
(NMSA § 30-16-32)
14                                       Tularosa - General Offenses


     (G) It shall be unlawful for a person if, with intent to defraud, he or she uses, to obtain anything of value:

          (1) A credit card obtained in violation of this section;

          (2) A credit card which is invalid, expired or revoked;

          (3) A credit card while fraudulently representing that he or she is the card holder named on the
credit card, or an authorized agent or representative of the card holder named on the credit card; or

         (4) A credit card issued in the name of another without the consent of the person to whom the card
has been issued.
(NMSA § 30-16-33)

     (H) (1) It shall be unlawful for any merchant or the employee of any merchant if, with intent to defraud,
he or she furnishes or allows to be furnished anything of value upon presentation of a credit card obtained or
retained in violation of this section, or fraudulently made or embossed, or fraudulently signed, or a credit card
which he or she knows is invalid, expired or revoked, or a credit card presented by a person whom he or she
knows is not the card holder named on the credit card or an authorized agent or representative of the card
holder named on the credit card.

          (2) It shall be unlawful for any merchant or the employee of any merchant if, with intent to defraud,
he or she fails to furnish anything of value which he or she represents in writing to the issuer or to a participating
party that he or she has furnished on a credit card or cards of the issuer.
(NMSA § 30-16-34)

     (I) It shall be unlawful for any person to receive money, goods or services and/or anything else of value
obtained by another person through the use of a credit card possessed in violation of this section, and who
knows or has reason to believe that it was so obtained.
(NMSA § 30-16-36)

    (J) For the purpose of this section, every credit card, whether valid, expired, incomplete or revoked, is
presumed to have value and proof of the value is not necessary in any prosecution hereunder.
(Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.02 EMBEZZLEMENT.

     Embezzlement consists of the embezzling or converting by a person for his or her own use, anything of
value with which he or she has been entrusted, with fraudulent intent to deprive the owner thereof.
(NMSA § 30-16-8) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99
                                         Offenses Against Morals                                           15




(A) Extortion consists of the communication or transmission of any threat to another by any means whatsoever


(B) Any of the following acts shall be sufficient to constitute a threat under this section:

     (1) A threat to do an unlawful injury to the person or property of the person threatened or of another;

     (2) A threat to accuse the person threatened, or another, of any crime;

     (3) A threat to expose, or impute to the person threatened or another, any deformity or disgrace;

     (4) A threat to expose any secret affecting the person threatened or another; or

     (5) A threat to kidnap the person threatened or another.




It shall be unlawful for any person to obtain any goods, chattels or other property under false pretenses or to
     Falsely obtaining services or accommodations consists of any person obtaining any service, food,
entertainment or accommodations without paying therefor, and with the intent to cheat or defraud the owner or
person supplying the service, food, entertainment or accommodations.
(NMSA § 30-16-16) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99
16                                      Tularosa - General Offenses


§ 132.06 FORGERY.

     Forgery consists of:

      (A) Falsely making or altering any signature to, or any part of, any writing purporting to have any legal
efficacy with intent to injure or defraud; or

   (B) Knowingly issuing or transferring a forged writing with intent to injure or defraud.
(NMSA § 30-16-10) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.07 FRAUD.

     Fraud consists of the intentional misappropriation or taking of anything of value which belongs to another
or the causing of another to change his or her position to any extent to his or her detriment by means of
fraudulent conduct, practices or representations, misleading statements or misrepresentations, whether made
directly or through newspapers, radios, television or circulars; provided, however, that no newspaper
company, radio company or television company or any employee or agent thereof shall be deemed to have
violated this section unless the company, agent or employee aided in the dissemination of the misrepresentation
or misleading statement knowing it to be a misrepresentation or misleading statement.
(NMSA § 30-16-6) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.08 FRAUDULENTLY AVOIDING PAYMENT OF ADMISSION FEES.

     It shall be unlawful for any person to fraudulently enter, without payment of the proper required admission
fee, any theater, ballroom, concert, lecture or any other place where an admission fee is charged, with the
exception of the free admission of police officers engaged in the performance of police duties to any place of
public entertainment or amusement.
(Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.09 WORTHLESS CHECKS.
      (A) It is unlawful for a person to issue, in exchange for anything of value, with intent to defraud, any
check, draft or order for payment of money upon any bank or other depository, knowing at the time of the
issuing that the offender has insufficient funds in or credit to the bank or depository for the payment of the
check, draft or order in full upon its presentation.
                                             Offenses Against Morals                                           17


    (B) This section does not apply for:

          (1) Any check where the payee or holder knows or has been expressly notified prior to the drawing
of the check or has reason to believe that the drawer did not have on deposit or to his or her credit with the
drawee sufficient funds to insure payment on its presentation; or

         (2) Any post-dated check.

    (C) In the prosecution of offenses under this section, the following rules of evidence shall govern:

           (1) If the maker or drawer of a check, payment of which is refused by the bank or depository upon
which it is drawn because of no account in the name of the maker or drawer in the bank, proof of the fact that
the maker or drawer had no account in the bank or depository upon which the check is drawn shall be prima
facie evidence of an intent to defraud and of knowledge of insufficient funds in or credit with the bank or
depository with which to pay the draft.

           (2) If the maker or drawer of a check, payment of which is refused by the bank or depository upon
which it is drawn because of insufficient funds or credit in the account of the maker or drawer in the bank or
depository, fails, within three business days after notice to him or her that the check was not honored by the
bank or depository, to pay the check in full, together with any protest fees or costs thereon, the failure shall
constitute prima facie evidence of a knowledge of the insufficiency of funds in the bank or depository at the
time of the making or drawing of the check and of an intent to defraud.

    (D) Notice as used in this section shall consist of either notice given to the person entitled thereto in
person or notice given to the person in writing. The notice in writing is presumed to have been given when
deposited as certified matter in the United States mail, addressed to the person at his or her address as it
appears on the check.
(Ord. 89, passed 7-17-1979; Am. Ord. 106, passed 7-19-1983) Penalty, see § 132.99


§ 132.10 LARCENY.

   Larceny consists of the stealing of anything of value which belongs to another.
(NMSA § 30-16-1) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.11 RECEIVING STOLEN PROPERTY.
     (A) Receiving stolen property means the intentional receiving, retaining or disposing of stolen property
knowing that it has been stolen, or believing that it has been stolen, unless the property is received, retained or
disposed of with intent to restore it to the owner.
18                                         Tularosa - General Offenses


     (B) The requisite knowledge or belief that property has been stolen is presumed in the case of an
individual or dealer who:

         (1) Is found in possession or control of property stolen from two or more persons on separate
occasions;

         (2) Acquires stolen property for a consideration which the individual or dealer knows is far below
the property's reasonable value; (A dealer shall be presumed to know the fair market value of the property in
which he or she deals.)

          (3) Is found in possession or control of five or more items of property stolen within one year prior to
the time of the incident charged pursuant to this section.

     (C) For the purpose of this section, the following definition shall apply unless the context clearly indicates
or requires a different meaning.

      DEALER. A person in the business of buying or selling goods or commercial merchandise.
(NMSA § 30-16-11) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.12 SHOPLIFTING.

     (A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.

          MERCHANDISE. Chattels of any type or description regardless of the value offered for sale in or
about a store.

         MERCHANT. Any owner or proprietor of any store, or any agent, servant or employee of the
owner or proprietor.

      STORE. A place where merchandise is sold or offered to the public for sale at retail.
(NMSA § 30-16-19)

      (B) Shoplifting consists of any one or more of the following acts:

          (1) Willfully taking possession of any merchandise with the intention of converting it without paying
for it;
          (2) Willfully concealing any merchandise with the intention of converting it without paying for it;
                                         Offenses Against Morals                                                19


          (3) Willfully altering any label, price tag or marking upon any merchandise with the intention of
depriving the merchant of all or some part of the value of it; or

         (4) Willfully transferring any merchandise from the container in or on which it is displayed to any
other container with the intention of depriving the merchant of all or some part of the value of the merchandise.
(NMSA § 30-16-20)

    (C) (1) Any person who willfully conceals merchandise on his or her person or on the person of another
or among his or her belongings or the belongings of another or on or outside the premises of the store shall be
prima facie presumed to have concealed the merchandise with the intention of converting it without paying for
it.

         (2) If any merchandise is found concealed upon any person or among his or her belongings it shall
be prima facie evidence of willful concealment.
(NMSA § 30-16-22)

      (D) If any law enforcement officer, special officer or merchant has probable cause for believing that a
person has willfully taken possession of any merchandise with the intention of converting it without paying for it,
or has willfully concealed merchandise, and that he or she can recover the merchandise by detaining the person
or taking him or her into custody, the law enforcement officer, special officer or merchant may, for the purpose
of attempting to affect a recovery of the merchandise, take the person into custody and detain him or her in a
reasonable manner for a reasonable time. The taking into custody or detention shall not subject the officer or
merchant to any criminal liability.
(NMSA § 30-16-23)

      (E) Any law enforcement officer may arrest without warrant any person he has probable cause for
believing has committed the crime of shoplifting. Any merchant who causes an arrest shall not be criminally or
civilly liable if he or she has probable cause for believing the person so arrested has committed the crime of
shoplifting.
(Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.13 POSSESSION OF BURGLARY TOOLS.

     Possession of burglary tools consists of having in the person's possession a device or instrumentality
designed or commonly used for the commission of burglary and under circumstances evincing an intent to use
the same in the commission of burglary.
(NMSA § 30-16-5) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99
20                                      Tularosa - General Offenses
§ 132.14 SWINDLING.

    Swindling consists of the deliberate cheating and defrauding or tricking to take anything of value which
belongs to another.
(Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.15 BRIBERY OF PUBLIC OFFICIAL OR EMPLOYEE.

     Bribery of public officer or public employee consists of any person giving or offering to give, directly or
indirectly, anything of value to any public officer or public employee, with intent to induce or influence the
public officer or public employee to:

     (A) Give or render any official opinion, judgment or decree;

    (B) Be more favorable to one party than to the other in any cause, action, suit, election, appointment,
matter or thing pending or to be brought before the person;

     (C) Procure him or her to vote or withhold his or her vote on any question, matter or proceeding which is
then or may thereafter be pending, and which may be law come or be brought before him or her in his or her
public capacity;

     (D) Execute any of the powers in him or her vested; or

     (E) Perform any public duty otherwise than as required by law, or to delay in or omit to perform any
public duty required of him or her by law.
(Ord. 89, passed 7-17-1979) Penalty, see § 132.99




                                          DRUGS AND ALCOHOL


§ 132.25 DRINKING IN PUBLIC PLACES.

     Drinking in public places consists of drinking or consuming alcoholic liquors, as the term is defined in
NMSA §§ 60-3A-3 et seq., as amended, in or on any public place, private club, key club, whether operated
for profit or not, or on a parking lot adjacent to an establishment licensed to dispense alcoholic liquors;
provided, that this section shall not apply to drinking inside an establishment having a license to dispense
alcoholic liquors.
(Ord. 89, passed 7-17-1979) Penalty, see § 132.99
                                         Offenses Against Morals                                          21
§ 132.26 SELLING ALCOHOL IN PUBLIC PLACES.

     Selling of alcohol in public places consists of selling, serving, furnishing or permitting the drinking or
consumption of alcoholic liquors, as the term is defined in NMSA §§ 60-3A-3 et seq., as amended, in any
public place or private club or key club, whether operated for profit or not, except establishments having a
license to dispense alcoholic liquors by the owner, operator, lessee or proprietor thereof.
(Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.27 MARIJUANA; UNLAWFUL POSSESSION.

     (A) For the purpose of this section, the following definition shall apply unless the context clearly indicates
or requires a different meaning.

            MARIJUANA. All parts of the plant Cannabis Sativa L., whether growing or not; the seeds
thereof; and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. It
does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from
marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.
(NMSA § 30-31-2)

     (B) Unlawful possession of marijuana consists of the possession of marijuana which was not obtained
directly from, or pursuant to, a valid prescription or order of a doctor of medicine while acting in the course of
his or her professional practice, or as otherwise authorized by law.
(Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.28 DRUG PARAPHERNALIA.

     (A) Pursuant to NMSA § 30-31-26B, as amended, it is unlawful for any person to use or possess with
intent to use drug paraphernalia, as defined in NMSA § 30-31-2, as amended, to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance
enumerated in NMSA §§ 30-31-6 through 30-31-9 Schedule I, II, III or IV, as amended, in violation of
NMSA §§ 30-31 et seq., as amended. The provisions of this section do not apply to a person who is in
possession of hypodermic syringes or needles at the time he or she is directly and immediately engaged in a
harm reduction program, as provided in the Harm Reduction Act, NMSA §§ 24-2C1-1 to 24-2C-6.
22                                         Tularosa - General Offenses


     (B) Pursuant to NMSA § 30-31-26B, as amended, it is unlawful for any person to deliver, possess with
intent to deliver or manufacture with the intent to deliver drug paraphernalia, as defined, with knowledge, or
under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance
in violation of NMSA §§ 30-31 et seq., as amended. The provisions of this section do not apply to
Department of Health employees or their designees while they are directly and immediately engaged in
activities related to the harm reduction program authorized by the Harm Reduction Act.
(Ord. 198, passed 3-20-2001) Penalty, see § 132.99




                                             GAMBLING; RAFFLES


§ 132.40 DEFINITIONS.

     For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.

      BET.

          (1) A bargain in which the parties agree that, dependent upon chance even though accompanied by
some skill, one stands to win or lose anything of value specified in the agreement.

              (2) A BET shall not include:

                  (a) Bona fide business transactions which are valid under the law of contracts, including without
limitation:

                       1.   Contracts for the purchase or sale, at a future date, of securities or other commodities;
and

                     2. Agreements to compensate for loss caused by the happening of the chance, including
without limitation, contracts for indemnity or guaranty and life or health and accident insurance.

               (b) Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for
the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles
entered in the contest;

                  (c) A lottery, as defined in this section; or
                                              Offenses Against Morals                                             23


              (d) Betting otherwise permitted by law.

CONSIDERATION. Anything of monetary value required to be paid to the promoter in order to participate
GAMBLING DEVICE. A mechanical device which for a consideration affords the player an opportunity to


GAMBLING PLACE. Any building, tent, vehicle (whether self-propelled or not), or any room within any of


LOTTERY. An enterprise wherein for a consideration the participants are given an opportunity to win a




It shall be unlawful for any person to:

(A) Make a bet;

(B) Enter or remain in a gambling place with intent to make a bet, to participate in a lottery or to play a


(C) Conduct a lottery; or

(D) Possess facilities with intent to conduct a lottery.




§ 132.42 PERMISSIVE LOTTERY.

     (A) Nothing in this subchapter shall be construed to apply to any sale or drawing of any prize at any fair
held in the state for the benefit of any church, public library or religious society situate or being in the state, or
for charitable purposes when all the proceeds of the fair shall be expended in the state for the benefit of the
church, public library, religious society or charitable purposes.
24                                         Tularosa - General Offenses


     (B) A lottery shall be operated for the benefit of the organization or charitable purpose only when the
entire proceeds of the lottery go to the organization or charitable purpose and no part of the proceeds to any
individual member or employee thereof.

     (C) Nothing in this subchapter shall be held to prohibit any bona fide motion picture theater from offering
prizes of cash or merchandise for advertising purposes, in connection with the business, of for the purpose of
stimulating business, whether or not any consideration other than a monetary consideration in excess of the
regular price of admission is exacted for participation drawings for prizes.

     (D) Nothing in this subchapter shall be held to apply to any bona fide county fair, including fairs for more
than one county, which shall have been held annually at the same location for at least two years and which shall
offer prizes of livestock or poultry in connection with the fair when the proceeds of the drawings shall be used
for the benefit of the fair.
(NMSA § 30-19-6) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.43 FRAUDULENTLY OPERATING A LOTTERY.

      Fraudulently operating a lottery consists of operating or managing any lottery which does not provide a
fair and equal chance to all participants or which lottery is conducted in a manner tending to defraud or mislead
the public.
(NMSA § 30-19-7) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.44 COMMERCIAL GAMBLING PROHIBITED.

    It shall be unlawful for any person to:

    (A) Participate in the earnings of or operate a gambling place;

    (B) Receive, record or forward bets or offers to bet;

    (C) Possess facilities with the intent to receive, record or forward bets or offers to bet;

    (D) For gain, become a custodian of anything of value, bet or offered to be bet;

    (E) Conducting a lottery where both the consideration and the prize are money, or whoever with intent to
conduct a lottery, possess facilities to do so; or

   (F) Set up for use, for the purpose of gambling or collecting the proceeds of any gambling device.
(NMSA § 30-19-3) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99
                                       Offenses Against Morals                                                25
                                      INDECENT EXPOSURE


§ 132.60 INDECENT EXPOSURE.

    Indecent exposure consists of a person knowingly and indecently exposing the private parts or sexual
organs to the public view. Indecent exposure is unlawful.
(Ord. 89, passed 7-17-1979) Penalty, see § 132.99

26                                   Tularosa - General Offenses


                                          PROSTITUTION
    (C) Knowingly procuring a prostitute for a house of prostitution;

    (D) Knowingly inducing another to become a prostitute;

    (E) Knowingly soliciting a patron for a prostitute or for a house of prostitution;

    (F) Knowingly procuring a prostitute for a patron;
                                       Offenses Against Morals                                                27


     (G) Knowingly procuring transportation for, paying for the transportation of or transporting a person
within this village with the intention of promoting that person's engaging in prostitution; or

    (H) Knowingly being employed by a house of prostitution to perform any function which constitutes
promoting prostitution.
(NMSA § 30-9-4) (Ord. 89, passed 7-17-1979) Penalty, see § 132.99


§ 132.99 PENALTY.

     (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be
subject to § 130.99.

     (B) Whoever unlawfully possesses marijuana shall, for the first offense, be punished by a fine of not less
than $100, nor more than $200, and/or by imprisonment for not more than 15 days; for the second and
subsequent offenses, be punished by a fine of not less than $300, nor more than $500, and/or by imprisonment
for not more than 90 days.
(Ord. 89, passed 7-17-1979; Am. Ord. 204, passed 5-20-2003)

      (C) Any person who violates § 132.28 and is found guilty, upon conviction, shall be punished by a fine of
not less than $100, nor more than $200, by imprisonment for a definite term of 90 days or less or both unless
prohibited by the Controlled Substances Act, NMSA §§ 30-31-1 et seq., in which case the penalty provided
for in the Controlled Substances Act shall be imposed.
(Ord. 198, passed 3-20-2001; Am. Ord. 204, passed 5-20-2003)
2003 S-1
28                                     Tularosa - General Offenses


             CHAPTER 133: OFFENSES AGAINST OR PERTAINING TO MINORS


Section

    133.01    Abandonment of child prohibited
    133.02    Cruelty to child prohibited
    133.03    Contributing to delinquency of a minor
    133.04    Curfew
    133.05    Permitting loitering by minors




§ 133.01 ABANDONMENT OF CHILD PROHIBITED.

     Abandonment of child consists of the parent of a child, ten years old or less, or any person who has been
entrusted with or who has assumed the care of the child, who intentionally leaves the child or abandons him or
her under circumstances whereby the child may suffer from neglect, but which does not result in the death of or
great bodily harm to the child.
(NMSA § 30-6-1) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 133.02 CRUELTY TO CHILD PROHIBITED.

    Cruelty to children consists of any parent, guardian or other person having care or custody of any child to:
     (A) Intentionally cause or permit:

          (1) The life of the child to be endangered;

          (2) The health of the child to be injured; or

          (3) The morals of the child to be impaired.

     (B) Intentionally place the child in a situation where:

          (1) The life of the child is endangered;

          (2) The health of the child is injured; or

                                                      29
30                                        Tularosa - General Offenses




     (C) It shall be a violation of this section for any minor to buy, receive, possess or permit himself or herself
to be served with any alcoholic liquor.
     (D) In the event any person, except a minor, shall procure any other person to sell, serve or deliver any
alcoholic liquor to a minor by actual or constructive misrepresentation of any facts calculated to cause, or by
the concealment of any facts the concealment of which is calculated to cause the person selling, serving or
delivering the alcoholic liquors to the minor, that the minor is legally entitled to be sold, served or delivered
alcoholic liquors; and actually deceiving him or her by misrepresentation or concealment, then that person, and
not the person so deceived by the misrepresentation or concealment, shall have violated this section.
(Ord. 89, passed 7-17-1979; Am. Ord. 186, passed 8-18-1998) Penalty, see § 130.99
                                   Offenses Against or Pertaining to Minors                                       31


§ 133.04 CURFEW.

     (A) It shall be unlawful for any parent, guardian or any other person having care or custody of a minor
under the age of 18 years to permit or allow the minor to be upon any public thoroughfare, or any public place
without adequate supervision on weekdays (Sunday through Thursday) from 10:00 p.m. to 6:00 a.m. and on
weekends from 11:00 p.m. to 6:00 a.m.

     (B) The restrictions mentioned above shall not apply to any minor who shall be accompanied by a parent,
guardian or adult acting with the authority of the parent or any minor upon an errand of necessity on the
performance of duty directed by any parent, guardian or other person acting with the authority of the parent or
to any minor attending any school or church sponsored event or to any minor coming from or going to work.

     (C) It should be the duty of peace officers to apprehend and take into custody any minor found in
violation of this section. The officer shall thereupon notify the parent or guardian of the parent or guardian shall
be deemed guilty of permitting a violation of this section.

     (D) In the event that the parent or guardian cannot be located, the child shall be remanded to the custody
of the proper juvenile authorities.

     (E) For the violation of this section, the minor shall be released to the custody of his or her parent or
guardian or other person having care or custody of minor upon written promise that the parent or guardian shall
assume the responsibility that the child will comply with the provisions of this section. Juvenile authorities shall
make a written report and keep a record of each violation. Any parent, guardian or other adult person having
the care and custody of a minor violating this section shall be punished in accordance with § 130.99.
(Ord. 89, passed 7-17-1979; Am. Ord. 107, passed 10-18-1983) Penalty, see § 130.99


§ 133.05 PERMITTING LOITERING BY MINORS.

    It shall be unlawful for the owner or operator of any establishment serving alcoholic beverages to permit a
minor under the age of 21 years to attend, frequent or loiter in or about the premises without being
accompanied by the parent or guardian of the person; or the owner or operator of any poolroom to permit a
minor under the age of 18 years to attend, frequent or loiter in or about the premises without being
accompanied by the parent or guardian of the person.
(NMSA § 30-20-10) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99

32                                      Tularosa - General Offenses


               CHAPTER 134: OFFENSES AGAINST PUBLIC ADMINISTRATION


Section

     134.01   Escape; aid and attempt
     134.02   Accessory
     134.03   Barbed wire and electric fences
     134.04   Concealing identity
     134.05   False alarms and reports
     134.06   Giving assistance to police officer
     134.07   Impersonating an officer
     134.08   Improper handling of fire
     134.09   Malicious criminal prosecution
     134.10   Malicious use of telephone
     134.11   Perjury
     134.12   Removal of barricades
     134.13   Resisting or obstructing an officer
     134.14   Tampering with evidence
     134.15   Unauthorized use of vehicle signs
     134.16   Disorderly conduct




§ 134.01 ESCAPE; AID AND ATTEMPT.

     (A) Aiding escape consists of either:

          (1) Intentionally aiding any person confined or held in lawful custody or confinement to escape; or

          (2) Any officer, jailer or other employee intentionally permitting any prisoner in his or her custody to
escape.
(NMSA § 30-22-11)

     (B) Escape from custody of a peace officer consists of any person who shall have been placed under
lawful arrest for the commission or alleged commission of any crime, unlawfully escaping or attempting to
escape from the custody or control of any peace officer.
(NMSA § 30-22-10)
                                                     33
34                                       Tularosa - General Offenses


    (C) Escape from jail consists of any person who shall have been lawfully committed to any jail for the
commission of a crime, escaping or attempting to escape from the jail or from a work detail to which the
person is assigned.
(NMSA § 30-22-2) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.02 ACCESSORY.

     It shall be unlawful for any person in any manner to procure, counsel, advise or encourage, aid or abet any
other person in the commission of any offense defined herein under this Title.
(NMSA § 30-1-13) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.03 BARBED WIRE AND ELECTRIC FENCES.

     Unlawful use of barbed wire and electric fences consists of erecting or maintaining any fence composed
wholly of or in part of barbed wire or any fence so constructed as to produce an electric shock upon, along or
about any lot or parcel of ground fronting upon or adjoining any street, alley, avenue or common or public
thoroughfare, or along any ditch within the village limits, except that industrial or property protection fences
may contain one or more strands of barbed wire if the wire is six feet or more above the ground.
(Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.04 CONCEALING IDENTITY.

     It shall be unlawful for any person to conceal his or her true name or identity or disguise himself or herself
by the use of a fictitious, altered or false voter's registration card, driver's license or any instrument purported
to be issued by any agency of the government of the United States, the state or its political subdivisions, the
District of Columbia or any state, territory, trusteeship or possession of the United States with the intent to
obstruct due execution of the law or with the intent to intimidate, hinder or interrupt any public official, peace
officer or any other person in the legal performance of his or her duties.
(NMSA § 30-22-3) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.05 FALSE ALARMS AND REPORTS.

     (A) False report consists of knowingly conveying or causing to be conveyed to any police agency of fire
department a false report concerning fire or explosion or the placement of any explosives or explosive
incendiary device or any other destructive substance and includes, but is not limited to , setting off a fire alarm.
                                  Offenses Against Public Administration                                           35
     (B) Any person who commits false report which causes death or great bodily harm to another is guilty of
a fourth degree felony, but if such death or great bodily harm is not caused, the person is guilty of a
misdemeanor.
(NMSA § 30-7-21) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.06 GIVING ASSISTANCE TO POLICE OFFICER.

     It shall be unlawful for any citizen 18 years or older to refuse to assist any peace officer in the preservation
of the peace when called upon by the officer in the name of the United States or of the state or of the village.
(NMSA § 30-22-2) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.07 IMPERSONATING AN OFFICER.

     (A) Impersonating a peace officer consists of:

               (1) Without due authority exercising or attempting to exercise the functions of a peace officer;

               (2) Pretending to be a peace officer with the intent to deceive another person.

    (B) Whoever commits impersonating a peace officer is guilty of a misdemeanor. Upon a second or
subsequent conviction, the offender is guilty of a fourth degree felony.

      (C) As used in this section, PEACE OFFICER means any public official or public officer vested by
law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or
is limited to specific crimes.
(NMSA § 30-27-2.1) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.08 IMPROPER HANDLING OF FIRE.

     (A) Improper handling of fire consists of:

          (1) Setting fire, or causing or procuring a fire to be set to any inflammable vegetation or forest
material, growing or being on the lands of another person and without the permission of the owner thereof;

          (2) Allowing fire to escape or spread from the control of the person having charge thereof without
using reasonable and proper precaution to prevent such fire from escaping or spreading;
36                                     Tularosa - General Offenses


         (3) Burning any inflammable vegetation or forest material whether upon his or her own
land or that of another person, without using proper and reasonable precaution at all times to
prevent the escape of the fire;

         (4) Leaving any campfire burning and unattended upon the lands of another person; or

         (5) Causing a fire to be started in any inflammable vegetation or forest material, growing
or being upon the lands of another person, by means of any lighted cigar, cigarette, match or other
manner and leaving the fire unquenched.

     (B) Nothing herein shall constitute improper handling of fire where the fire is a backfire set
for the purpose of stopping the progress of a fire then actually burning.
(NMSA § 30-17-1) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.09 MALICIOUS CRIMINAL PROSECUTION.

    Malicious criminal prosecution consists of maliciously procuring or attempting to procure a
complaint or otherwise causing or attempting to cause a criminal charge to be preferred or
prosecuted against an innocent person, knowing or believing him or her to be innocent.
(NMSA § 30-27-1) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.10 MALICIOUS USE OF TELEPHONE.

     (A) It shall be unlawful for any person, with intent to terrify, intimidate, threaten, harass,
annoy or offend, to telephone another and use any obscene, lewd or profane language or suggest
any lewd, criminal or lascivious act, or threaten to inflict injury or physical harm to the person or
property of any person. It shall also be unlawful for any person to attempt by telephone to extort
money or other thing of value from any other person, or to otherwise disturb by repeated anonymous
telephone calls the peace, quiet or right of privacy of any other person at the place where the
telephone call or calls were received, or to maliciously make a telephone call, whether or not
conversation ensues, with intent to annoy or disturb another, or to disrupt the telecommunications
of another.

     (B) The use of obscene, lewd or profane language or the making of a threat or statement as set
forth in division (A) above shall be prima facie evidence of intent to terrify, intimidate, threaten,
harass, annoy or offend.

     (C) Any offense committed by use of a telephone as set forth in this section shall be deemed to
have been committed within the village if committed at either the place where the telephone call or
calls originated or at the place where the telephone call or calls were received.
(NMSA § 30-20-12) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99
                                Offenses Against Public Administration                             37


§ 134.11 PERJURY.
     Perjury consists of making a false statement under oath or affirmation, material to the issue or matter
involved in the course of any municipal proceeding, knowing the statement to be untrue.
(NMSA § 30-25-1) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.12 REMOVAL OF BARRICADES.

     Removal of barricades consists of knowingly or willfully removing, destroying or interfering with any
barrier, guard or light or any other warning device placed before or at any dangerous place in or near the
street, sidewalks or ways of the village for the purpose of warning or protecting the public from injury or
damage; provided that removal after the danger has ceased and temporary removal to allow the passage of a
vehicle with immediate subsequent replacement shall not be considered unlawful.
(Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.13 RESISTING OR OBSTRUCTING AN OFFICER.

     Resisting or obstructing an officer consists of:

     (A) Knowingly obstructing, resisting or opposing any officer or agent of this village or any other duly
authorized person serving or attempting to serve or execute any process or any rule or order of any of the
courts of this village or state or any other judicial writ or process;

     (B) Resisting or abusing any judge, magistrate or peace officer in the lawful discharge of his or her duties;

      (C) Refusing to obey or comply with any lawful process or order given by a peace officer or judge acting
in the lawful discharge of his or her duties; or

      (D) Interfering with, obstructing or opposing any officer in the lawful discharge of his or her regular and
affixed duties.
(NMSA § 30-22-1) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.14 TAMPERING WITH EVIDENCE.

     Tampering with evidence consists of destroying, changing, hiding, placing or fabricating any physical
evidence with intent to prevent the apprehension, prosecution or conviction of any person or to throw
suspicion of the commission of a crime upon another.
(NMSA § 30-22-5) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99
38                                      Tularosa - General Offenses


§ 134.15 UNAUTHORIZED USE OF VEHICLE SIGNS.
     Unauthorized use of vehicle signs consists of displaying on any vehicle, whether moving or parked, the
words police, Police Department, Tularosa Police Department, Department of Police, DPS, Fire Department,
Tularosa Fire Department or words or insignia of similar import without authority of the Chief of Police.
Nothing herein shall apply to any State Police, County Sheriff or County Fire Department vehicles.
(Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 134.16 DISORDERLY CONDUCT.

     Disorderly conduct consists of either:

    (A) Engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly
conduct which creates a clear and present danger of violence that tends to disturb the public peace;

     (B) Maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house or
vehicle occupied by any person;

    (C) Inciting, causing, aiding, abetting or assisting in creating any riot, affray or disturbance at or within any
dwelling or building, whether public or private, or at any other public place in the village;

     (D) Using, in any public place, words which are inherently likely to provoke an immediate violent reaction
in an average person to whom the words were addressed;

     (E) Remaining prostrate in the street or other public places or private places, whether drunk or sober,
without the consent of the owner of the premises; and/or

     (F) Prowling window peeping, loitering, or wandering upon the private property of another in the night
time, without visible or lawful business with the owner or occupant thereof, while loitering prowling or
wandering upon the private property of another in the night time or day time, peeking or looking in the door or
window of any building or structure located thereon and which is inhabit by human beings, without visible or
lawful business with the owner or occupant thereof.
(NMSA § 30-20-1) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99
                            CHAPTER 135: OFFENSES AGAINST ANIMALS


Section

     135.01 Cruelty to animals
     135.02 Injury to animals




§ 135.01 CRUELTY TO ANIMALS.

     Cruelty to animals consists of:
    (A) Torturing, tormenting, depriving of necessary shelter, cruelly beating, mutilating, cruelly killing or
over-driving any animal; or

   (B) Unnecessarily failing to provide any animal with proper food or drink.
(NMSA § 3-18-1) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 135.02 INJURY TO ANIMALS.

    Injury to animals consists of willfully and maliciously poisoning, killing or injuring any animal or
domesticated fowl which is the property of another. It is unlawful to injure animals.
(Ord. 89, passed 7-17-1979) Penalty, see § 130.99




                                                   39
40                                     Tularosa - General Offenses


                          CHAPTER 136: OFFENSES AGAINST PERSONS


Section

     136.01 Abuse of privacy
     136.02 Assault and battery




§ 136.01 ABUSE OF PRIVACY.

     (A) Interference with communications consists of knowingly:

          (1) Tampering, displacing, removing, injuring or destroying any radio station, television tower,
antenna or cable, telegraph or telephone line, wire, cable, pole or conduit belonging to another or the material
or property appurtenant thereto;

           (2) Cutting, breaking, tapping or making any connection with any television, telegraph or telephone
line, wire, cable or instrument belonging to another;

          (3) Reading, hearing, interrupting, taking or copying any message, communication or report intended
for another by telegraph or telephone without his or her consent;

         (4) Preventing, obstructing or delaying the sending, transmitting, conveying or delivering in the village
of any message, communication or report by or through telegraph or telephone; or

         (5) Using any apparatus to do or cause to be done any of the acts hereinbefore mentioned or to aid,
agree with, comply or conspire with any person to do, or permit or cause to be done any of the acts
hereinbefore mentioned.
(NMSA § 30-7.2-1)

     (B) Disturbing the remains of a dead person consists of knowingly:

         (1) Disturbing or removing the remains, or any, part thereof, of any person permanently interred in
any church, churchyard, mausoleum or cemetery, other than pursuant to an order of the District Court; or
(NMSA § 30-12-1)

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42                                      Tularosa - General Offenses


           (2) Disturbing or removing any dead body, except within the authorization of a medical director,
funeral director, medical investigator or law enforcement agency, or the authorized representative of any of the
foregoing.

     (C) Defacing tombs consists of either:

          (1) Intentionally defacing, breaking, destroying or removing any tomb, monument or gravestone
erected to any deceased person or any memento, memorial or any ornamental plant, tree or shrub appertaining
to the place of burial of any human being; or

        (2) Intentionally marking, defacing, injuring, destroying or removing any fence, post, rail or wall of
any cemetery, graveyard or mausoleum erected within any cemetery, graveyard or mausoleum.
(NMSA § 30-12-13) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 136.02 ASSAULT AND BATTERY.

     (A) Assault consists of either:
          (1) An attempt to commit a battery upon the person of another; or

          (2) Any unlawful act, threat or menacing conduct which causes another person to reasonably believe
that he or she is in danger of receiving an immediate battery.
(NMSA § 30-3-1)

    (B) Battery is the unlawful, intentional touching or application of force to the person of another, when
done in a rude, insolent or angry manner.
(NMSA § 30-3-4) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99

                                        CHAPTER 137: WEAPONS


Section


     137.01   Definitions
     137.02   Unlawful carrying
     137.03   Negligent use
     137.04   Exceptions; permits
     137.05   Unlawful possession, transfer or sale




§ 137.01 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

     CARRYING A DEADLY WEAPON. Being armed with a deadly weapon by having it on the person,
or in close proximity thereto, so that the weapon is readily accessible for use.

     DEADLY WEAPON. Any firearm, whether loaded or unloaded; or any weapon which is capable of
producing death or great bodily harm, including, but not restricted to any types of daggers, brass knuckles,
switchblade knives, Bowie knives, poniards, butcher knives, dirk knives and all such weapons with which
dangerous cuts can be given, or with a which dangerous thrusts can be inflicted, including swordcanes and any
kind of sharp pointed canes, also slingshots, slug shoes, bludgeons or any other weapons with which
dangerous wounds can be inflicted.

     FIREARM. Any instrument used in the propulsion of shot, shell or bullets or other harmful objects by
the action of gunpowder exploded within it or by the power of springs and including what are commonly
known as air rifles and BB guns.
(NMSA § 30-7-1) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99
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44                                         Tularosa - General Offenses


§ 137.02 UNLAWFUL CARRYING.

     (A) Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other
type of deadly weapon anywhere, except in the following cases:

            (1) In the person's residence or on real property belonging to him or her as owner, lessee, tenant or
licensee;

          (2) In a private automobile or other private means of conveyances, for lawful protection of the
person's or another's person or property, while traveling; or

            (3) By a peace officer in the lawful discharge of his or her duties.

   (B) Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
(NMSA § 30-7-2) (Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 137.03 NEGLIGENT USE.

     (A) Negligent use of a deadly weapon consists of:

          (1) Unlawfully discharging a firearm, within or into the village limits, in the proximity of a building or
vehicle, or into any building or vehicle so as to knowingly endanger a person or his or her property;

            (2) Carrying a weapon while under the influence of an intoxicant or narcotic;

        (3) Endangering the safety of another or his or her property by handling or using a firearm or other
deadly weapon in a negligent manner; or

          (4) Selling, loaning or furnishing any deadly weapon to a person with knowledge that the person is
under the influence of any intoxicant or narcotic or that the person is incompetent.
(NMSA § 30-7-4)

    (B) The provisions set forth above shall not be constructed to forbid peace officers from carrying,
wearing or discharging the weapons as shall be necessary in the proper discharge of their duties.
(Ord. 89, passed 7-17-1979) Penalty, see § 130.99
                                                  Weapons                                                          45


§ 137.04 EXCEPTIONS; PERMITS.
    (A) The Village Board of Trustees may, at any time upon receipt of proper application, grant permits to
shooting galleries, gun clubs and others for shooting in fixed localities and under specified rules.

     (B) The permits shall be in writing affirmed by the Clerk-Treasurer conforming to such requirements as
the Police Chief shall demand and the permit thus issued shall be subject to revocation at any time by action of
the Board of Trustees.
(Ord. 89, passed 7-17-1979) Penalty, see § 130.99


§ 137.05 UNLAWFUL POSSESSION, TRANSFER OR SALE.

     (A) Unlawful possession or transfer of certain weapons consists of possessing, selling, lending, giving
away or purchasing any form of brass knuckles, any form of bludgeon or any knife which has a blade which
opens automatically by hand pressure to a button, spring or other device in the handle of the knife, or any knife
having a blade which opens or falls or is ejected into position by the force of gravity or by an outward,
downward or centrifugal thrust or movement.
(NMSA § 30-7-8)

     (B) Unlawful sale of a deadly weapon consists of giving, selling, trading, bartering or exchanging for
anything of value any deadly weapon or ammunition for any firearm to any person under the age of 18 years;
provided, however, that nothing herein contained shall be construed to prevent any parent or legal guardian
from purchasing a weapon or ammunition for his or her child or ward.
(Ord. 89, passed 7-17-1979) Penalty, see § 130.99
46                                     Tularosa - General Offenses
TITLE XV: LAND USAGE
Chapter

          150.   GENERAL PROVISIONS

          151.   BUILDING REGULATIONS; CONSTRUCTION

          152.   SUBDIVISIONS

          153.   SIGNS

          154.   ZONING




                     1
2   Tularosa - Land Usage
                               CHAPTER 150: GENERAL PROVISIONS


Section

                                Village Planning and Zoning Commission

     150.01   Creation
     150.02   Terms of office
     150.03   Powers and duties
     150.04   Rules and regulations
     150.05   Removal of members
     150.06   Building Inspector




                         VILLAGE PLANNING AND ZONING COMMISSION


§ 150.01 CREATION.

     There is hereby created a Village Planning and Zoning Commission to be composed of five full-time
residents of the village who are qualified electors eligible to vote in a municipal election. The members of the
Village Planning and Zoning Commission shall be nominated by the Mayor and approved by the Board of
Trustees to serve for the respective terms established by this section.
(Ord. 173, passed 6-17-1997)


§ 150.02 TERMS OF OFFICE.

     (A) The term of each member of the Village Planning and Zoning Commission shall be two years from the
date of appointment.

     (B) Upon the expiration of the term of any member, the vacancy shall be filled by the appointment as
herein provided.

      (C) In the event a vacancy occurs in the Commission prior to the expiration of the term of the member, it
shall be filled by the appointment, as herein provided, of a member whose term shall expire at the end of the
original term in which the vacancy occurred.
(Ord. 173, passed 6-17-1997)
3
4                                          Tularosa - Land Usage


§ 150.03 POWERS AND DUTIES.

     (A) The Village Planning and Zoning Commission shall have power and authority to study and investigate
the subject of village planning, for the purpose of formulating a master plan, and shall make surveys as it deems
necessary for the formulation of a master plan.

     (B) The Village Planning and Zoning Commission shall have power and authority to hold public hearings
on the formulation of a master plan, request for variances to zoning regulations and any subject matter
pertaining to enforcement of building codes.

    (C) All personnel required to be hired for services under this section shall be appointed by the Village
Board of Trustees from a list submitted to them by the Village Planning and Zoning Commission.

     (D) The Village Planning and Zoning Commission may make recommendations to the Village Board of
Trustees for the passage of ordinances which it deems advisable.

     (E) The Village Planning and Zoning Commission shall file an annual report with the Mayor and the
Village Board of Trustees of its activities, meetings and progress.

     (F) The Village Planning and Zoning Commission shall have other powers, authority and jurisdiction as
may be from time to time delegated to the Commission by ordinance of the Village Board of Trustees or by
resolution of the Village Board of Trustees.

      (G) The Village Planning and Zoning Commission shall have the power and authority to fulfill and perform
its functions, promote village planning, and carry out the purposes of NMSA §§ 3-19-1 et seq.,
as amended, subject to the approval in all respects by the Board of Trustees.

     (H) The Village Planning and Zoning Commission shall have the power and authority to enforce and carry
out the provisions of the laws of the state and the ordinances of the village; provided, however, that the actions
of the Village Planning and Zoning Commission shall be subject to the approval by the Board of Trustees;
provided further, that any power and authority relating to planning, platting, subdividing, zoning, which is
expressly given to the Board of Trustees by this code, shall be exercised first by the Village Planning and
Zoning Commission whose recommendations shall then be considered by the Board of Trustees, which
recommendations may be either followed in whole, in part or not followed. The Board of Trustees shall have
the power and authority to modify any action taken by the Village Planning and Zoning Commission without
resubmission of the matter to the Village Planning and Zoning Commission for further review.
(Ord. 173, passed 6-17-1997; Am. Ord. 217, passed 12-20-2005)


2006 S-3
                                             General Provisions                                                 5


§ 150.04 RULES AND REGULATIONS.

     (A) The Commission shall have authority to elect the Chairperson, Secretary and any other necessary
officers. The powers and duties of the officers and of any employees of the Village Planning and Zoning
Commission shall be established by the Commission by resolution.

     (B) The Village Planning and Zoning Commission shall adopt rules and regulations for the conduct of its
business and shall publish the rules and regulations, together with procedures for compliance with the rules and
regulations.

     (C) The Village Planning and Zoning Commission shall meet at least once a month, but may meet more
often if necessary. The Commission shall establish a regular time and place to meet and conduct its business.

    (D) For the conduct of ordinary business, a quorum of the Village Planning and Zoning Commission shall
consist of three regularly appointed members.

     (E) The Village Planning and Zoning Commission shall keep a record of its transactions, findings,
resolutions and determinations.

     (F) The Chairperson, elected by the Village Planning and Zoning Commission, shall serve for a one-year
term.
(Ord. 173, passed 6-17-1997)


§ 150.05 REMOVAL OF MEMBERS.

    The Board of Trustees may, by a majority vote of all of the members, remove any member of the Village
Planning and Zoning Commission.
(Ord. 173, passed 6-17-1997)


§ 150.06 BUILDING INSPECTOR.

     The Village Planning and Zoning Commission shall have the power and authority to perform all acts of the
Village Building Inspector as set forth in this code.
(Ord. 173, passed 6-17-1997)
6   Tularosa - Land Usage
                 CHAPTER 151: BUILDING REGULATIONS; CONSTRUCTION


Section

    151.01    Adoption of Building Code
    151.02    Required payments
    151.03    Definitions
    151.04    Multiple-purpose buildings
    151.05    Permit fees
    151.06    Remedies of village
    151.07    Excavation of public streets
    151.08    Temporary structures; placement

    151.99 Penalty




§ 151.01 ADOPTION OF BUILDING CODE.

     There is hereby adopted by the village for the purpose of prescribing regulations governing the erection,
construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment,
use, height, area and maintenance of buildings or structures, and providing for the issuance of permits and
collection of fees therefor, and providing penalties for the violation thereof, the New Mexico Uniform Building
Code, being the Uniform Building Code 1970 Edition, Volume One, as published by the International
Conference of Building Officials, as approved and promulgated by the Construction Industries Commission of
New Mexico, including all amendments thereto and all future editions thereof, unless otherwise amended in the
future by the Board of Trustees. One copy of the code has been and now is filed in the office of the Village
Clerk-Treasurer and the same is hereby adopted and incorporated as fully as if set out at length herein, except
as to the section of the Code relating to building permit fees, which fees shall be in accordance with § 151.05
and the Uniform Building Code and the building permit fees established hereby shall be in force from and the
provisions thereof shall be controlling within the limits of the village.
(`75 Code, § 6-1-1)




7
2003 S-1
8                                            Tularosa - Land Usage


§ 151.02 REQUIRED PAYMENTS.

         (A)     It shall be unlawful to construct, alter, remove, demolish, repair a building or any other structure
or to install a manufactured or modular structure within the limits of the village without first obtaining a village
building site permit and a manufactured/modular structure installation permit or state building permit where
applicable.

        (B)    The applicable permits shall be displayed in a prominent place on the premises where the
action proposed above is to be accomplished at all times during the project.

        (C)    Under no circumstances shall any public services such as sewer and water hookup be installed
without the above required permits.
(Ord, 1, passed 12-8-1956; Am. Ord. 204, passed 5-20-2003)


§ 151.03 DEFINITIONS.

        COMMERCIAL BUILDINGS. Buildings or parts of buildings to be used principally for the
purpose of making a profit or gain; provided that the term COMMERCIAL BUILDING shall not be
deemed to include single-family dwellings built for leasing purposes, but shall include, but not be restricted to
duplexes, apartment houses, motels, cabin camps, hotels, and additions to or alterations of single-family
dwellings made for rental purposes.

        COST OF LABOR AND MATERIALS. The amount of money to be expended for the
construction, alteration, removal, demolition, or reparation of building; said amount to be determined in the
case of residential buildings by multiplying the square footage of said building by the sum of $8. In the case of
commercial buildings, by multiplying the square footage of said building by the sum of $6.

        RESIDENTIAL BUILDINGS. Buildings or parts thereof to be used for the purpose of habitation
and shall include but not be restricted to private homes, private garages, outhouses and all other outbuildings
used principally in connection with the actual living quarters.

        SQUARE FOOTAGE. The number of square feet found by using the outside dimensions of said
building.
(Ord. 1, passed 12-8-1956)




2003 S-1
                                      Building Regulations; Construction                                              9


§ 151.04 MULTIPLE-PURPOSE BUILDING.

     Where a building shall be built for residential and commercial purpose as hereinabove defined, the building
permit fee shall be determined according to the square footage of space to be used for each said purpose and
assessment. Said fee shall be made on the basis provided in § 151.03.
(Ord. 1, passed 12-8-1956)


§ 151.05 PERMIT FEES.

     The following fees shall be charged for the issuance of permits as aforesaid and shall be paid in cash to the
Village Clerk-Treasurer at the time of making the application:

     (A) A $50 manufactured/modular structure installation permit to ensure proper installation procedures are
followed.

      (B) A $25 site location fee to ensure that any proposed new structure or addition to an existing structure
is situated on the lot in such a manner to comply with all applicable setback requirements required by the
zoning ordinance. The permit issued shall have the issue date with the expiration of one year and be signed by
the Village Clerk or Deputy.
(`75 Code, § 6-1-5) (Am. Ord. 185, passed 7-21-1998; Am. Ord. 204, passed 5-20-2003; Am. Ord. 217,
passed 12-20-2005)


§ 151.06 REMEDIES OF VILLAGE.

     In case any building or structure is erected, constructed, altered, repaired, converted or maintained in
violation of this chapter, the proper authorities of the village, in addition to any other remedies herein provided,
may institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration,
repair or maintenance, to restrain, correct or abate such violation, to prevent any act, conduct or use in or
about such premises in violation of this chapter.
(Ord. 1, passed 12-8-1956)


§ 151.07 EXCAVATION OF PUBLIC STREETS.

     It shall be unlawful for any person to excavate any street or public right-of-way in the village without first
obtaining a permit and permission from the village by making application to the Village Clerk-Treasurer.
Excavation in streets and avenues shall be made in a manner as to impede travel as little as possible and the
time that the excavation shall be opened may be limited by the village. Efficient barricades shall be erected
around all trenches and embankments made by such a person within the limits
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10                                          Tularosa - Land Usage


of any street or right-of-way and red lights shall be maintained thereon from dark to daylight until the street or
right-of-way shall be restored to a safe passable condition. At no time during the progress of the work shall
sidewalks be unnecessarily blocked of travel. Any excavation shall be compacted to 95% and repaved and
the person making the excavation shall be responsible for any repairs for a period of one year from the date
that the excavation is repaved.
(Ord. 104, passed 7-5-1983) Penalty, see § 10.99


§ 151.08 TEMPORARY STRUCTURES; PLACEMENT.

        (A)     For the purpose of this section, the following definition shall apply unless the context clearly
indicates or requires a different meaning.

              TEMPORARY STRUCTURE. Any structure, including a tent, which is not attached to a
permanent foundation, or which lacks indoor plumbing. Exempt from this definition are the following:

                        (a)     Any trailer, mobile housing unit or recreational vehicle as defined in this code;

                      (b)     An accessory structure used solely for storage which lacks indoor plumbing,
but which otherwise complies with the Uniform Building Code;

                        (c)    A structure from which merchandise or services are not offered for sale to the
general public and which is under 100 square feet in area; provided, any structure erected after October 17,
1995, shall be securely anchored to resist movement due to wind, flood or other factors;

                        (d)     A structure from which merchandise or services are sold or offered for sale to
the general public and which is under 100 square feet in area, provided that:

                                1.       The structure is open for business within two weeks of its placement on
subject property; and

                                2.     The structure is removed from subject property within two weeks of
the discontinuance of the sale of merchandise or services to the public or within six months after its placement
on the property, whichever is less.

                     (e)     A structure displayed for sale purposes only when securely anchored to resist
movement due to wind, flood or other factors;

               (f) A structure erected on property owned by the village;

               (g) A structure used as a construction office at a site where construction work is being carried
on; and
                                      Building Regulations; Construction                                        11


              (h) A structure which complies with the Uniform Building Code, except for attachment to a
foundation, used for instruction at a school; and

                (I) A structure which is equal to or greater than 100 square feet in area and which is erected
for the purpose of conducting a special promotion for a like business in conjunction with and adjacent to the
building duly licensed by and operating within the village limits, provided that the structure is erected only once
during any three-month period, that the structure remains no longer than a period of 18 consecutive days, to
include three weekends, that prior written approval from the Board of Trustees is obtained together with the
conditions as the Board of Trustees may require, that a village building permit is obtained, and that the structure
is adequately secured to the ground so as to resist movement caused by wind, flood or other factors.
Extensions shall only be by special permit as specified in division (B) below. The applicant shall be responsible
for maintaining the property in a clean and orderly manner. If the applicant fails to clean the property, the
Board of Trustees shall contract for the correction of the accumulation of trash or order its correction by the
village at the expense of the applicant or owner of the property. The action by the village may jeopardize the
approval of future permits.

     (B) (1) Except as otherwise provided in division (A) above, no temporary structure shall be located in
the village unless a special permit is first obtained for its use from the Board of Trustees. Duration of this
special permit shall not exceed three months, and only one renewal shall be permitted.

         (2) The Board of Trustees shall grant a special permit only on payment of a filing fee of $100 and a
showing at a public hearing that:

                 (a) The structure is adequately secured to the ground to resist movement due to wind, flood or
other factors;

                (b) All property owners within 200 feet of the property for which the permit is sought,
excluding public rights-of-way, have been notified by first class mail not less than 15 days before the hearing,
of the time, place and purpose of the hearing on the issuance of the permit; and

                 (c) The placement of a temporary structure is not detrimental to the surrounding properties.

      (C) Structures which become legal non-conforming uses upon the passage of this section, shall be subject
to its provisions two years from the effective date hereof.

     (D) No temporary structure shall be located in AA, A, B, C or E zoning districts, nor shall it be used for
habitation purposes.

    (E) Temporary buildings shall have no utility connections other than temporary electrical connections.
(Ord. 162, passed 10-17-1995)
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§ 151.99 PENALTY.

     Any person, firm or corporation who shall violate any provisions of this chapter shall, upon conviction, of
such violation, be fined in a sum of not less than $50, nor more than $200, or shall be imprisoned for a period
not to exceed 30 days, or shall be subject to both such fine or imprisonment in the discretion of the Court
trying the case. Each day that any person, firm or corporation shall be in violation of any provision of this
chapter shall constitute a separate offense.
(Ord. 1, passed 12-8-1956; Am. Ord. 204, passed 5-20-2003)




2003 S-1
                                  CHAPTER 152: SUBDIVISIONS


Section

                                           General Provisions

    152.01   Purpose
    152.02   Authority
    152.03   Jurisdiction
    152.04   Interpretation
    152.05   Definitions
    152.06   Variances and exceptions

                                      Subdivision Procedure; Fees

    152.25   Pre-application
    152.26   Preliminary plat procedure
    152.27   Final plat procedure
    152.28   Review fees
    152.29   Suitability of land
    152.30   Plats and data for preliminary approval
    152.31   Plats and data for final approval
    152.32   Alternate summary approval
    152.33   Guarantees of performance
    152.34   Security and indemnity agreement
    152.35   Exempted subdivision procedure

                                            Design Standards

    152.45   Street location and arrangement
    152.46   Alley location
    152.47   Street and alley standards
    152.48   Utility improvements
    152.49   Public sites and open spaces
    152.50   Public sites
    152.51   Monuments
    152.52   Water rights

    152.99 Penalty
           13
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                                           GENERAL PROVISIONS


§ 152.01 PURPOSE.

     These subdivision regulations are to provide for the harmonious development of the village and its environs
in order to establish conditions favorable to the health, safety, convenience and general welfare of citizens of
the village.
(Ord. 163, passed 10-17-1995)


§ 152.02 AUTHORITY.

    These land subdivision regulations are authorized by NMSA §§ 3-19-1 through 3-20-16, as amended.
(Ord. 163, passed 10-17-1995)


§ 152.03 JURISDICTION.

     These land subdivision regulations shall govern all platting of land within the village and all of the territory
lying within three miles of the village's corporate limits or the larger area, as may be provided for from time to
time under state law.
(Ord. 163, passed 10-17-1995)


§ 152.04 INTERPRETATION.

     The provisions of these regulations shall be held to be minimum requirements to meet the expressed intent
of the subject regulations.
(Ord. 163, passed 10-17-1995)


§ 152.05 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

     AASHTO. American Association of State Highway and Transportation Officials.

     AREA PLAN. A plat or sketch of any planned future development of undeveloped land which is
contiguous to a proposed subdivision and is under control or ownership of the subdivider. Such a plan should
indicate general land uses and major arterials.
                                                 Subdivisions                                               15


        ARTERIAL STREET. A street which is used primarily for serving large volumes of comparatively
high speed traffic from one area of the village to the other.

       BIKE PATHS. A portion of the roadway or separate pathway designated for use by bicycles.

        BLOCK. A grouping of parcels or lots together in one tract of land that is a unit of an overall
subdivision with the parcels of land being the smallest unit.

         BOARD OF TRUSTEES. The Governing Body of the village. Final approval of all subdivision
plats in the planning and platting jurisdiction of the village rests with this body.

       BUILDING LINE. A line established by the setback requirements, as provided herein.

        COLLECTOR STREET. A street which carries traffic from local streets to the major arterial streets
or highways.

       COUNTY. Otero County, New Mexico.

       COUNTY CLERK. The elected Clerk of the County or the Clerk’s authorized representative.

       CUL-DE-SAC. A minor street with only one outlet and culminated by a turn-around.

       DRAINAGE CHANNEL. A natural water course or indenture for the drainage of surface water.

        DRAINAGE PLAN. A plan indicating on-site drainage proposal, the passage of storm waters
through the development and safe discharge of run-off onto adjacent lands or facilities. Also, a comprehensive
analysis of:

               (1)     The existing storm drainage conditions of a proposed development; and

         (2) The disposal of the increased runoff which is generated by the proposed development.

    EASEMENT. A grant by the property owner of the use, for specific purposes, of a strip of land by the
general public, a corporation or a certain person or persons.

     ENGINEER. A person who is engaged in the practice of engineering and is qualified to so practice as
attested by his or her legal registration as a professional engineer in the state.

     IMMEDIATE FAMILY MEMBER. Husband, wife, father, stepfather, mother, stepmother, brother,
stepbrother, sister, stepsister, son, stepson, daughter, stepdaughter, grandson, stepgrandson, granddaughter,
stepgranddaughter, nephew and niece, whether related by natural birth or adoption.
     IMPROVEMENTS. Infrastructure such as streets, curbs, gutters, sidewalks, fire hydrants, storm
drainage facilities, bike paths, trails and water, sewer and gas systems or parts thereof.


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     LAND SURVEYOR. A person who engages in the practice of land surveying and is qualified to so
practice as attested by his or her legal registration as a land surveyor in the state.

        LOT. A portion of a subdivision or other parcel of land intended for the purpose, whether immediate
or future, of transfer of ownership or for building development. It is also a tract of land described by metes
and bounds and held in separate ownership, as shown on the records of the County Assessor.

         MINOR RESIDENTIAL STREET. A street of relatively short length that provides direct access
to a limited number of abutting residential properties and is designed to discourage its use by through traffic.

        MUNICIPAL CODE or CODE. The ordinances of the village, known as the Tularosa Code.

        PERFORMANCE BOND. A surety bond made out to the village in an amount equal to the
estimated full cost of the improvements; the cost being estimated by the Village Engineer and the surety bond
being legally sufficient to secure to the village that the improvements will be constructed in accordance with
these regulations.

        PLAT or REPLAT. A map, chart, survey or plan certified by a licensed professional surveyor which
contains a description of subdivided or resubdivided land with ties to permanent survey monuments.

       PUBLIC RIGHTS-OF-WAY. The total area of land deeded, reserved by plat or otherwise
acquired by the village, the county or the state.

        ROADWAY. The portion of the street available for vehicular traffic.

        SETBACK. The lateral distance between the street or property line and building, gas pump, curb
base, display stand or other object.

        SIDEWALK. A pedestrian walkway with permanently improved surfacing.

        STREET. A public way, which has been dedicated or served by plat other than an alley which
affords the principal means of access to abutting property.

        SUBDIVIDER. An owner or an owner's agent who undertakes the subdivision of land as set forth in
these regulations.

        SUBDIVISION or SUBDIVIDE. Subdivision for the purpose of approval by the village:

               (1)     For the area of land within the corporate boundaries of the village, the division of land
into two or more parts by platting or by metes and bounds description into tracts for the purposes of:

              (a) Sales for building purposes;
2004 S-2
                                                   Subdivisions                                                       17


               (b) Laying out a municipality or any part thereof;

               (c) Adding to a municipality;

               (d) Laying out suburban lots.

          (2) For the area of land within the extraterritorial subdivision and platting jurisdiction of the village
(as defined in NMSA § 3-20-5), the division of land into two or more parts by platting or by metes and
bounds description into tracts of less than five acres in any one calendar year for the purposes of:

               (a) Sales for the building purposes;

               (b) Laying out a municipality or any part thereof;

               (c) Adding to a municipality;

               (d) Laying out suburban lots.

However, SUBDIVISION does not include:

          (1) The sale or lease of apartments, offices, stores, or similar space within a building;

          (2) The division of land created by court order where the order creates no more than one parcel per
party;

          (3) The division of land resulting only in the alteration of parcel boundaries where parcels are altered
for the purpose of increasing or reducing the size of contiguous parcels and where the number of parcels is not
increased;

          (4) The division of land to create burial plots in a cemetery;

          (5) The division of land to create a parcel that is sold or donated as a gift to an immediate family
member;

           (6) The division of land created to provide security for mortgages, liens, or deeds of trust, provided
that the division of land is not the result of a seller-financed transaction;

          (7) The division of land to create a parcel that is donated to any trust or nonprofit corporation
granted an exemption from federal income tax, as described in section 501(c)(3) of the U.S. I.R.S. code of
1986, as amended; school, college, or other institution with a defined curriculum and a student body and
faculty which conducts classes on the regular basis; or to any church or group organized for the purpose of
divine worship, religious teaching, or other specifically religious activity.
   TRAILS. A narrow path designed for use by pedestrians and horseback riders.

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18                                           Tularosa - Land Usage


     VILLAGE. The Village of Tularosa, New Mexico.

     VILLAGE ATTORNEY. An attorney employed or retained by the village whose duties include
reviewing and approving contracts or agreements entered into by the village.

     VILLAGE ENGINEER. A registered Professional Engineer employed or retained by the village
whose duties include the review and approval of engineering drawings and/or designs of projects such as
drainage, street construction and the like.
(Ord. 163, passed 10-17-1995; Am. Ord. 205, passed 11-18-03)


§ 152.06 VARIANCES AND EXCEPTIONS.

     (A) Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with
the requirements of this regulation would result in a need for variance or exception because of unusual
topography, impose unreasonable burdens or that these conditions would result in inhibiting the achievement of
the objectives of these regulations, the Board of Trustees may vary, modify or waive the requirements. No
variance shall be allowed when the variance is requested because of inadequate drainage.

      (B) Application for any variation shall be submitted in writing by the subdivider at the time the preliminary
plat is filed and shall state fully the grounds for the application and the facts relied upon by the subdivider.

    (C) In no case shall any variation or modification be contrary to the mandatory requirements of state law.
The variation shall not be in conflict with any zoning ordinance and map.

     (D) Specifications or supplementary data required by these regulations for a preliminary or final plat may
be waived whenever the specifications or date are determined by the Board of Trustees to be unnecessary for
the consideration of the plat.
(Ord. 163, passed 10-17-1995)




                                   SUBDIVISION PROCEDURE; FEES


§ 152.25 PRE-APPLICATION.

      Prior to the fling of an application for approval of a preliminary plat, the subdivider is urged to confer with
village officials so as to become acquainted with these regulations.
(Ord. 163, passed 10-17-1995)
2004 S-2
                                                  Subdivisions                                                18A


§ 152.26 PRELIMINARY PLAT PROCEDURE.

        (A)     Application for subdivision shall be submitted to the village on prescribed forms.

        (B)     Two copies of the preliminary plat and supplemental material will be submitted by the
subdivider with the written application. These copies will be reviewed by the Planning and Zoning Commission
and a written report recommending approval, conditional approval or disapproval submitted to the developer.

         (C)     The Board of Trustees shall examine and review the preliminary plats and final plats presented
by the subdivider to determine that the village subdivision regulations and requirements have been considered
and are to be provided for in the final plat of a subdivision plan by the subdivider. The Board of Trustees, at
its discretion, may recommend approval of the preliminary plat and final plat at the first meeting or it may act at
the next regular meeting.
(Ord. 163, passed 10-17-1995; Am. Ord. 205, passed 11-18-03)




2004 S-2
18   Tularosa - Land Usage
                                                   Subdivisions                                                   19


§ 152.27 FINAL PLAT PROCEDURE.

      (A) An original plat on tracing cloth in ink (or reproducible Mylar) along with supplemental material shall
be furnished to the village by the subdivider. The final plat shall substantially conform to the preliminary plat as
approved, including any modifications and conditions specified. It may constitute only that part of the
preliminary plat that the developer intends to record and develop at that time. The Planning and Zoning or the
Board of Trustees shall approve or disapprove a plat within 35 days of the day of final submission of the plat.
If the planning authority or Board of Trustees does not act within 35 days, the plat is deemed to be approved,
and upon demand, the village shall issue a certificate approving the plat. The person seeking approval of the
plat may waive their requirement and agree to an extension of this time period.

     (B) It shall be the subdivider's responsibility to file and record with the County Clerk the final plat.

     (C) The subdivider may submit a final plat to the Board of Trustees in lieu of a preliminary plat if it is a
resubdivision of a lot in an approved subdivision, within the village limits, provided it does not affect any change
of water or sewer lines, streets or easements.
(Ord. 163, passed 10-17-1995; Am. Ord. 217, passed 12-20-2005)


§ 152.28 REVIEW FEES.

     A non refundable fee of $500 for each plat, plus $50 for each lot in the subdivision, shall be made payable
to the village at the time the application and preliminary plat is submitted.
(Ord. 163, passed 10-17-1995)


§ 152.29 SUITABILITY OF LAND.

   (A) The subdivider shall give consideration to the preservation of trees, scenic points and other
community landmarks.

    (B) Subdivisions shall be laid out so as to match existing topography insofar as possible.
(Ord. 163, passed 10-17-1995)


§ 152.30 PLATS AND DATA FOR PRELIMINARY APPROVAL.

     (A) The preliminary plat shall be at a scale of one inch equaling 100 feet, and be prepared on 18-inch by
24-inch or 24-inch by 36-inch, sheets of Mylar paper. It shall show existing conditions and all proposals,
including the following:

          (1) Name of proposed subdivision, name and address of subdivider, agent and principal persons
preparing the preliminary plat;


2006 S-3
20                                          Tularosa - Land Usage


                (2)     Scale and north arrow;

             (3)     Proposed benchmark locations, proposed location of and method of tie to permanent
survey monuments and proposed location and type of subdivision control monuments and descriptions of all
monuments found or set;

                (4)     Plat boundary lines: bearings in degrees, minutes and seconds; distances in feet and
hundredths;

                (5)     Existing conditions of the site and its environs shown on the plat shall include the
following:

                        (a)     Present site designation or subdivision name;

                        (b)     Easements on site: Location, width and purpose;

                        (c)     Public right-of-way on and within 150 feet of the site: name, width, type and
width of paving;

                        (d)     Utilities on and adjacent to the site:

                                1.       Location and size of water wells, water reservoirs, water lines, sanitary
and storm sewers; and

                                  2.     Location of gas lines, fire hydrants, electric and telephone poles and
street lights. If water mains and sewers are not on or adjacent to the tract, indicate the direction, distance and
size of nearest lines.

                      (e)      If required by the Board of Trustees, ground elevation on the site based on
mean sea level datum as established by the U.S. Coast and Geodetic Survey:

                                1.      For land that slopes less than approximately 1%, show contour lines at
intervals of not more than one foot and spot elevations at wall breaks in grade along all drainage channels or
swales and at selected points not more than 100 feet apart in all directions.

                     2. For land that slopes more than 1%, show contour lines at five-foot intervals and
indicate all swales and drainage channels and all bluffs, rock outcroppings and physical barriers affecting site
development.

                  3. Contour lines and site topography shall extend 50 feet beyond the proposed
subdivision boundaries.
           (f) Existing storm drainage facilities on and adjacent to the site;




2006 S-3
                                                  Subdivisions                                                    21


               (g) Conditions on adjacent land significantly affecting design of the subdivision: approximate
direction and gradients of ground slope, character and location of development and building types;

              (h) Zoning on and adjacent to the site;

              (i) A statement of ownership, signed by the subdivider; and

                        (j)     Total area of the proposed plat to the nearest one-tenth acre.

                (6)     Location map showing location of the site in relation to well-known landmarks and
village boundaries;

                 (7)   Proposed lot lines and public right-of-way lines; street names; right-of-way and street
widths; indicate roadways intended to be private, rights-of-way for public services or utilities and any
limitations thereof;

                (8)     All lots in any subdivision shall meet the requirements hereof and each lot shall be
dimensioned in a manner that setbacks, as required hereby, shall be met for any structure or building that may
be or will be constructed on the lot; (No platted lot within a subdivision shall contain less square footage than
that required by the zoning ordinance.)

                (9)     Number or letter to identify each proposed lot and block;

                (10) Locations, dimensions, approximate areas and purposes of lots proposed to be
reserved for the public; and

                (11)    Sites and approximate area for any multi-family dwellings or non-residential uses.

          (B)    A report on the proposed method of installing utilities, street paving, curb and gutter, sidewalks
and sewer service shall be prepared and submitted to include the approximate time for accomplishing the
improvements. The improvements shall be based on the maximum population density allowed in the zoning
district in which the subdivision is located.

       (C)     Written comments where appropriate from village department (police, fire, water).
(Ord. 163, passed 10-17-1995; Am. Ord. 205, passed 11-18-03)


§ 152.31 PLATS AND DATA FOR FINAL APPROVAL.

      (A)      The final plat shall be drawn in ink on tracing cloth or drafting film such as Mylar or acetate.
Drawings shall be on 24-inch by 36-inch sheets and shall be at a scale of one inch equaling 100 feet.
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22                                           Tularosa - Land Usage


     (B) This final plat may be submitted for approval in contiguous section. The final plat shall show:

          (1) Title, scale, the north arrow and date of survey;

         (2) Plat boundary lines shall be surveyed and shown giving the bearings in degrees, minutes and
seconds; (Distances shall be shown in feet and hundredths thereof.)

         (3) Location and description of all monuments found or set within the plat area, including bench
marks with elevation shown, and property owner;

          (4) Zoning or proposed zoning shall be shown with boundaries shown at streets, highways or
property lines; (Splitting of lots for zoning purposes shall not be allowed.)

           (5) Lot lines and right-of-way lines, existing and proposed; lines to be eliminated shall be dashed;
names of streets, right-of-way widths of all streets and alleys; private streets shall be so designated; the radius
of all curves; lengths of all tangents on all rights-of-way; accurate dimensions, bearings and deflection angels of
all curves;

           (6) Location, dimensions, area and purpose of all easements, existing or proposed, and any
limitations thereof;

        (7) Number or letter to identify each lot and block and the address of each individual lot in
accordance with village numbering system, if applicable;

          (8) Location, dimensions, area and purposes of lots proposed to be reserved for the public;

          (9) Reference to recorded subdivision plats of adjoining platted land by name and date;

         (10) Statement that the subdivision is with the free consent and in accordance with the desire of the
undersigned owner of the land, acknowledged in a manner required for acknowledgment of deeds;

        (11) Signed statements by the subdivider dedicating public rights-of-way and granting all required
easements for public use;

          (12) Certification and seal by a registered, licensed surveyor of New Mexico in accordance with the
laws of the state, certifying the accuracy of the survey and plat, that he or she prepared or supervised
preparation of the plat, and that he or she has shown all required easements;

         (13) Certification by the village that all streets, curbs, gutters, sidewalks, water, gas, fire hydrants,
sewer systems and drainage requirements have been provided, and that the drainage analysis plan has been
approved; and
                                                  Subdivisions                                                    23


                 (14) Certification by authorized representatives of the local electric and telephone utilities
that their systems' needs have been met.
(Ord. 163, passed 10-17-1995)


§ 152.32 ALTERNATE SUMMARY APPROVAL.

       (A)       (1)     When a subdivision consists of no more than two parcels of land or is a replat of a
previously filed subdivision which does not increase the total number of lots by more than two lots:

                        (a)     All resulting lots meet minimum lot size requirements;

                        (b)     All municipal liens on the subject property have been paid in full;

                        (c)     No provisions are required for utilities, easements, right-of-way or drainage;

                        (d)     All owners of the subject property sign the plat and application; and

                       (e)      None of the lots to be affected by the proposed subdivision have been
previously subdivided using the summary subdivision procedure.

                (2)     The Village Planning and Zoning Commission may review and approve the subdivision
provided.

      (B)       The Village Planning and Zoning Commission may also approve replats which decrease the
number of lots of contiguous parcels in a previously filed subdivision, provided that street dedication and utility
easements remain the same as on the original plat.

          (C)   Replats submitted for approval by summary procedures shall include releases by the affected
utility companies.

     (D) The Village Planning and Zoning Commission shall have the authority to determine whether a replat of
a previously approved subdivision or a subdivision of two parcels shall be approved by summary procedures.

     (E) Any aggrieved person may appeal the decision of the Planning and Zoning Commission to the Board
of Trustees for final decision.

     (F) In the absence of an appeal, within 20 days of the decision of the Planning and Zoning Commission
the decision of the Planning and Zoning Commission shall be final.
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24                                           Tularosa - Land Usage


     (G) The applicant is required to submit to the village the following:

          (1) Completed application form, including waiver of public hearing;

                (2)     Base fee of $100; and

                (3)     The original Mylar and five copies of a final plat meeting all the five requirements of §
152.31.

        (H)      The Planning and Zoning Commission will make an initial determination of eligibility for
summary approval. If the proposal is ineligible, the Planning and Zoning Commission will promptly notify the
applicant that the full subdivision procedures is required. If the proposal is facially eligible for summary
procedure, the Planning and Zoning Commission will review the plat and the Board of Trustees will act at its
regular or special meeting.

        (I)     By providing for the summary subdivision procedure, the village does not waive its rights to
require the applicant to satisfy the village's usual requirements for subdivision approval.

        (J)    Nothing in this section is intended to limit the availability of the certificate of survey procedure
contained in NMSA § 3-20-2, as amended or superseded from time to time, provided that all applicable
requirements are met.

       (K)     Approval by the village of a summary subdivision application will not relieve the applicant of the
requirement of approval by the county for subdivisions within the village's extra-territorial platting jurisdiction.
(Ord. 163, passed 10-17-1995; Am. Ord. 190, passed 8-19-1998; Am. Ord. 204, passed 5-20-2003; Am.
Ord. 205, passed 11-18-03)




2004 S-2
                                                   Subdivisions                                                   25


§ 152.33 GUARANTEES OF PERFORMANCE.

    Before a subdivision plat is placed on the agenda of a Board of Trustees meeting to be considered for a
recommendation for final approval, one of the following must be submitted by the subdivider:

    (A) A written agreement signed by the subdivider to construct all required improvements after the
subdivision receives final approval from the village, but prior to filing and recording the final plat at the County
Clerk's Office. The subdivider shall not receive the final plat for filing from the village until all required
improvements have been inspected and approved by the Village Engineer or its authorized representative.

     (B) If the improvements are not completed by the completion date, the agreement shall be in default and
the village may take appropriate action to enforce the agreement. The agreement shall contain, among other
provisions, the following:

          (1) The subdivider shall make all repairs to his or her construction work and the replacement of
defective material or workmanship which may become apparent for a period of three years after work has
been completed and accepted by the village.

          (2) The subdivider shall agree to supply and install all water lines and sewer lines of approved
weight and quality within the subdivision in accordance with village standards, and also outside of the
subdivision a sufficient distance to connect with the village's sewer and water system, and to furnish and install
approved weight and quality valves, fire hydrants, man-hole rings and covers with sewer stub-outs, defined as
y-branch fitting with factory-made clay plug and all appurtenances to the water and sewer systems.

         (3) Should the present sewer or water lines leading to the subdivision not be adequate, the
subdivider shall agree to bear the cost of additional lines and appurtenances thereto in order to carry the
increased load made necessary by the subdivision.

          (4) The subdivider shall agree to protect drainage structures, to build bridges, culverts and other
drainage facilities in the area that may be necessary to protect the subdivision, the village and other lands in the
area from floods because of the development.

          (5) The subdivider shall agree to repair all damages to water lines, sewer lines and man-holes at his
or her expense.

          (6) The subdivider shall agree to retain and pay for the services of a competent registered engineer
to inspect all work as the same progresses and make reports to the village; the engineer, paid for by the
subdivider, shall be under the direction and control of the village.

2006 S-3
26                                           Tularosa - Land Usage


               (7)     Other certificates, affidavits, endorsements or deductions may be required by the
Board of Trustees to ensure compliance with these regulations.

        (C)     In addition to the agreement a form of security shall be filed with the village. The amount of the
security must cover the projected cost of all required improvements agreed to by the village. The amount shall
be based on the projected costs at the time improvements are scheduled for completion.

        (D)     The following types of security shall be filed with the village:

              (1)       Performance bond. A surety bond acceptable to the village to cover estimated costs
of improvements.

               (2)     Escrow account. An account established with a bank or financial institution in the
amount of the projected cost of improvements which can only be drawn upon to cover the costs of
improvements.

               (3)     Irrevocable standby letter of credit. Irrevocable authority to draw a draft for the
projected cost of improvements.

                        (a)    All security and agreements shall be approved as to form by the Village
Attorney prior to submission to the Board of Trustees and shall be submitted with the final plat to the village for
approval. After final approval by the village, the agreement establishing the form of security shall be filed with
the Village Clerk-Treasurer.

                       (b)     Upon satisfactory completion of the improvements agreed upon, the security
and agreement shall be released in writing by the Village Clerk-Treasurer and shall be returned to the
developer.
(Ord. 163, passed 10-17-1995; Am. Ord. 205, passed 11-18-03; Am. Ord. 217, passed 12-20-2005)


§ 152.34 SECURITY AND INDEMNITY AGREEMENT.

        (A)      Prior to presentation of a final plat to the village, the developer shall indicate whether the
method used for completion of improvements will be tentative approval prior to filing the plat or acceptance of
a security and indemnity agreement by the village.

          (B)      (1)     During the period of tentative approval, (before completion of improvements and filing
of the final plat) if a developer wishes to submit an indemnity agreement and security to the village in order to
file the plat, the agreement shall specify the amount of time within which the improvements must be completed.

         (2) In no case shall the agreement exceed the 22 months for completion under the tentative
approval, but must conform to the date 22 months from village approval of the final plat.
2006 S-3
                                                  Subdivisions                                                    27


     (C) Required elements of an indemnity agreement shall include:

           (1) A statement that indemnitor is the developer of the subdivision within the platting jurisdiction of
the village and that compliance herewith requires certain guarantees of performance for the development of
improvements.

          (2) A statement providing for the indemnitor to indemnify the village from any and all costs, damages
and legal expenses resulting from the village having to construct improvements in the subdivision, up to a
specific dollar amount for all improvements required with final approval of the plat by the village. An
accompanying quote or signed contract shall be required.

          (3) A statement of the amount of time allowed for the developer to complete the improvements. In
no case shall the date exceed 22 months from the date of approval of the final plat by the village. The
agreement shall provide that the developer shall be permitted to sell or otherwise dispose of any lot within the
subdivision at any time within the 22-month period.

         (4) An accompanying letter of credit or irrevocable escrow account instructions or performance
bond, to be made a part of the agreement.

              (a) The security shall contain specifically named improvements and a description of the method
to be used for disbursing funds from the security.

             (b) The security shall extend at least 60 days beyond the required date for completion of the
improvements.

          (5) A statement providing for the remaining funds that have not yet been released for improvements,
to be released to the village to the limits of the indemnity agreement, with legal recourse to collect any
additional monies expended by the village for completion of the project, should the described improvements
not be completed within the time agreed upon.

    (D) Upon satisfactory completion of the required improvements and acceptance by the village, the
security and indemnity agreement shall be released in writing by the village and shall be returned to the
developer.
(Ord. 163, passed 10-17-1995)


§ 152.35 EXEMPTED SUBDIVISION PROCEDURE.

     (A) Eligibility. The exempted subdivision procedure may be used provided that:

          (1) The division qualifies under one of the seven exemptions listed in the definition of subdivision;
        (2) All resulting lots meet the current applicable minimum lot size requirements;


2006 S-3 Repl.
28                                           Tularosa - Land Usage


          (3) The payment on all outstanding liens are current;

         (4) Upon the transfer of any newly created lot by any method, the outstanding assessment on the lot
must be paid in full;

          (5) All owners of the subject property sign the plat and application;

          (6) The exempted subdivision is within the village or within the extra-territorial platting jurisdiction.

     (B) Verification of exemption.

          (1) Any person claiming entitlement to an exemption under the provisions of this chapter shall file a
written claim of exemption on the prescribed form available from the Village Clerk. When there is more than
one owner, all owners of record of the property involved shall sign the claim of exemption.

           (2) The Planning and Zoning Chairperson shall review the claim of exemption and supporting
documents and shall mail written notice of whether the exemption has been approved or denied to the person
claiming the exemption within 30 days after receipt of the completed claim of exemption and all required
supporting documents. If the proposal is ineligible, the planning authority will promptly notify the applicant that
the full subdivision procedure is required. If the proposal is eligible for the exempted procedure the planning
authority will forward the exemption to the Mayor for signature.

        (3) Approved claims of exemption shall be filed with the Otero County Clerk along with the
conveyancing document and/or survey.

     (C) Any exempted subdivision that increases the number of lots in the village shall be required to comply
with § 152.52 for each new lot created.
(Ord. 205, passed 11-18-03; Am. Ord. 217, passed 12-20-2005)




                                            DESIGN STANDARDS


§ 152.45 STREET LOCATION AND ARRANGEMENT.

     (A) The character, extent, width and location of all streets shall conform to the comprehensive plan and
policies of the Village Board of Trustees, and shall be consistent and appropriate in their relationship to existing
and planned streets, topographic conditions, public convenience, safety and the proposed uses of the land to
be served by the streets.

     (B) Where an arterial or collector street is not shown in the comprehensive plan and there is not an
adopted future street line, the arrangement of streets in a subdivision shall either:


2006 S-3 Repl.
                                                       Subdivisions                                            28A


            (1) Provide for the continuation or appropriate projection of existing principal streets in surrounding
areas; or

          (2) Conform to a plan for the neighborhood properly approved by the village to meet a particular
situation where topographic or other conditions make continuance or conformance to existing streets
impractical.
(Ord. 163, passed 10-17-1995)


§ 152.46 ALLEY LOCATION.

        Alleys shall not be provided where other provision is made for service access such as off-street
loading, refuse collection and parking consistent with and adequate for the uses proposed.
(Ord. 163, passed 10-17-1995)


§ 152.47 STREET AND ALLEY STANDARDS.

        (A)     If rights-of-way for public streets and alleys are needed, they shall be provided in accordance
with the standards and requirements described as follows:

                  (1)     Major thoroughfare: 60 feet.

                  (2)     Collector street: 50 feet.

                  (3)     Minor industrial or commercial street: 50 feet.

                  (4)     Minor residential street: 40 feet.

                  (5)     Marginal access street: 40 feet.




2004 S-2
28B   Tularosa - Land Usage
                                                     Subdivisions                                                  29


             (6) Cul-de-sac: 50 feet radius. Streets which terminate in a cul-de-sac shall be no longer than 500
feet.

             (7) Alley: 20 feet.

             (8) Bike paths and trails, if provided, shall be as follows:

                 (a) Right-of-way, minimum: ten feet.

                 (b) Pavement width, if needed: ten feet.

    (B) When rights-of-way are required, as stated herein, the developer may be required to provide curb
and gutter on both sides of the street, but no more than 50 feet of paving width.

        (C) Street jogs with centerline off-sets of less than 100 feet shall not be permitted.

      (D) Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall
intersect any major secondary thoroughfare or arterial street at less than 75 degrees and no collector or minor
street at less than 60 degrees.

     (E) All naming and numbering of streets shall conform to an existing village plan for naming and
numbering. Street names shall be used which will not duplicate or be confused with the names of existing
streets. Where a proposed street is to be a continuation of an existing street, the proposed street shall have the
name of the existing street. The use of the suffix street, avenue, boulevard, drive, lane, place or court shall not
be a distinction sufficient to avoid confusion; therefore, duplicates with different suffixes shall not be used.

        (F) Pavement widths shall be measured back-to-back of curbs where curbs are required.

     (G) All subdivisions within the corporate limits of the village shall include standard curb and gutter on both
sides of the street not closer than 40 feet from the back of one curb to the other with the area between the
curbs surfaced with concrete or asphalt meeting the standard specifications of the village unless the Board of
Trustees specifically authorizes and approves the subdivision without curb and gutter. Exception to curb and
gutter may be waived if there are significant reasons, such as an undue hardship, create a drainage problem,
environmentally unfeasible or would not conform to historical or architectural pattern.

        (H) All working public ways shall meet or exceed village specifications.

      (I) Subdivisions outside the village limits, but within the three-mile platting and planning jurisdiction of the
village, will include standard curb, gutter and paving; however, they may be waived under variances of these
regulations.
30                                            Tularosa - Land Usage


    (J) Sidewalks may be required in all subdivisions within the village limits. They shall have a minimum
width of four feet and shall be constructed in accordance with standard specifications of the village. Any
exception shall require the express approval of the Board of Trustees.
(Ord. 163, passed 10-17-1995)


§ 152.48 UTILITY IMPROVEMENTS.

    (A) The subdivider shall be responsible for costs of installing water, gas and sewer lines, if provided, of
adequate size to serve the development in accordance with the Uniform Plumbing Code and other standard, as
may be set by the village in any particular instance, to conform to the existing water and sewer system, but in
no case shall there be less than a six-inch water line, and eight-inch sewer line and a two-inch gas line.
Notwithstanding any of the provisions of the Tularosa Code to the contrary, all water lines to be installed in
subdivisions within the village shall be made of no other metal, but cast-iron or some other metal which is
capable of conducting an electric charge.

      (B) All utility improvements shall meet or exceed village specifications. The subdivider of a subdivision
within the village limits shall make necessary arrangements to serve each lot with adequate water of the
Tularosa water system. Sources and availability of water supply shall be provided when water services cannot
be obtained through the Tularosa water system. Any individual or private system installed within the village
limits or within the three-mile limit may be required to be compatible with the Tularosa water system.

      (C) The subdivider of subdivisions within the village limits shall be responsible for the installation of fire
hydrants. Locations shall be approved by the Village Fire Department. Subdivisions outside the corporate
limits shall have an approved fire protection plan and provide the necessary fire hydrants or other protective
measures deemed necessary.

      (D) Subdivisions outside the village limits, but within the planning and platting jurisdiction of the village
shall provide an adequate supply of potable water to each lot by a water system approved by the
Environmental Improvement Division (EID) with proper provisions for the maintenance thereof, or shall serve
each lot with a water main of the village water system. Where it is feasible and practical for an adequate water
supply to be made available for every lot by the individual lot owner then to present evidence to this effect and
include deed restrictions on the final plat requiring any individual water supply systems to comply with the
requirements of the Environmental Improvement Division.

     (E) Subdivisions within the corporate limits of the village shall have sewer lines connected to the sanitary
sewer lines connected to the sanitary sewer system of the village in accordance with the Uniform Plumbing
Code then in effect. Sewer lines shall be accessible to each lot within the subdivision. A proper method of
sewage disposal shall, by means of an approved sewage treatment plant, be provided when sewer services
cannot be obtained through the Tularosa sewage system. The sewers shall be constructed in accordance with
standards established by the Village Board of Trustees.
                                                   Subdivisions                                                    31


      (F) Subdivisions outside the corporate limits, but within the planning and platting jurisdiction of the village,
shall connect to a public sanitary sewer system if feasible. Where lots cannot be connected with a public
sewer system, provisions must be made for sanitary sewerage, consisting of a central treatment plant or
individual disposal devices for each lot. On lots where individual septic tanks are to be utilized, lots shall not
be less than three-fourths of an acre in size, and may have to be larger depending on the soil type. The
subdivision plat should include deed restrictions requiring that all such disposal systems shall be constructed in
accordance with Environmental Improvement Division standards. Location of septic tanks should take into
consideration possibilities of future connections to a community sewer system. No privies or other primitive
liquid waste disposal system may a used.

      (G) Subdivisions shall base all required utilities on the maximum population density allowed by the zoning
district in which the subdivision is located.
(Ord. 163, passed 10-17-1995; Am. Ord. 217, passed 12-20-2005)


§ 152.49 PUBLIC SITES AND OPEN SPACES.

     Where a proposed park, playground, school or other public use shown in a general community or master
plan is located in whole or in part in a proposed subdivision, the Board of Trustees may require the dedication
or reservation of the area. However, the subdivider shall not be required to dedicate more than 5% of the total
area of the subdivision to the village for public use, exclusive of streets and alleys.
(Ord. 163, passed 10-17-1995)


§ 152.50 PUBLIC SITES.

      Where deemed essential by the Board of Trustees, upon consideration of the particular type of
development proposed in the subdivision, and specifically in large scale neighborhood unit developments, the
Board of Trustees may require the dedication or reservation of such other areas or sites of a character, extent
and location suitable to the needs created by the development for schools, parks and other neighborhood
purposes. If locations for school are set aside in any proposed subdivision, the School Board shall purchase
the lands from the subdivider for school purposes where subdivider has already donated 5% of the total area
for parks, playgrounds and other public uses.
(Ord. 163, passed 10-17-1995)


§ 152.51 MONUMENTS.

     (A) Monuments shall be placed at all block corners, angle points, points of curves in streets and at
intermediate points.

     (B) The monuments shall be made of metal at least one inch in diameter and 30 inches long.
(Ord. 163, passed 10-17-1995)




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32                                           Tularosa - Land Usage


§ 152.52 WATER RIGHTS.

         (A)     Any subdivider, prior to the approval of final plat, shall be required to transfer to the village
sufficient water rights to serve all lots in the subdivision being presented for approval provided that no water
right shall be required for any single lot for which water service from the municipal water system has historically
been provided. Provided however, that any individual dividing a single lot into two part within the village limits
will not be required to furnish water rights as to the additional lot but this exemption shall only be available once
as to the original lot. If, at a later date, this lot is divided again, water rights will have to be given up in
accordance with this section, excluding the 49 blocks.

        (B)      Sufficient water rights shall be defined as the right to divert from either surface or underground
sources at least .45 acre feet per annum per lot. Provided that if the subdividers/developers do not have
surface or ground water rights, the subdivider/developer will reimburse the village for acquiring water rights and
transfer of these water rights for use in theTularosa Municipal Water System.

        (C)     The water rights to be acceptable to the village must have been accepted for filing as prima
facie evidence of the right with the State Engineer.

         (D)     The water rights shall be deemed to be acceptable when the State Engineer has recognized or
authorized a transfer of the water rights and the place of diversion, change of purpose of use to municipal so
that the water rights may be incorporated and used in the municipal water system by diversion from a surface
source or a completed functional well for diversion from an underground basin.
(Ord. 169, passed 8-21-1996; Am. Ord. 204, passed 5-14-2003; Am. Ord. 217, passed 12-20-2005)




§ 152.99 PENALTY.

        (A)     In addition to other penalties and remedies provided by law, any owner or agent of the owner,
of any land located within the planning and platting jurisdiction of the village who transfers or sells the land prior
to approval and recordation of the necessary plat with the County Clerk, as required in these regulations, shall
be deemed guilty of a misdemeanor and, upon conviction, shall be penalized in the manner prescribed by law.
The description of the land by metes and bounds in the instrument of transferring of land shall not exempt the
transaction from the penalties.

         (B)      Any person who records with the County Clerk any plat in violation of these regulations shall
be deemed guilty of a violation of these regulations and state law and, upon conviction, shall be punished by a
fine of not less than $500. Also, all village provided utilities and services shall be withheld or withdrawn until
the time as these regulations are complied with, as provided by state law.
(Ord. 163, passed 10-17-1995)
2006 S-3
                                           CHAPTER 153: SIGNS


Section

     153.01    Definitions
     153.02    Permit required
     153.03    Design
     153.04    Construction
     153.05    Colors
     153.06    Size
     153.07    Location and position
     153.08    Lighting
     153.09    Directional and traffic control
     153.10    Maintenance
     153.11    Off-premise signs
     153.12    Removal of obsolete business signs
     153.13    Banners, placards or temporary signs
     153.14    Neon signs
     153.15    Non-conforming signs; removal; determining just compensation




§ 153.01 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

     SHOPPING CENTER. A commercial complex of buildings consisting of two or more retail enterprise
planned for development as a unit to accommodate local shopping needs and providing off-street parking and
access points approved by the Governing Body.

      SIGN AND ADVERTISING STRUCTURE. Any outdoor sign, display, figure, painting, poster
billboard or similar thing designed, intended or used to advertise or inform the public of goods or services sold
on premises where the advertising structure is located or device attached to, hung from, painted on or
displayed in any manner from any building, tree, fence, structure, property or land intended primarily to attract
attention or inform persons not on the premises on which the sign is located, except as follows:

          (1) Flags or governmental insignia, excepting when used in commercial displays;
33
34                                          Tularosa - Land Usage


       (2) Embellishment of architectural features of buildings or premises, except letters, animated
components, trademarks, moving or apparently moving lights and advertising;

               (3)     Illustration of names of occupants, post office box numbers and property numbers
where smaller than one square foot;

               (4)    Posting, legal notifications, traffic and other directional signs erected or required to be
erected by government bodies;

                (5)     Private traffic signs bearing no advertising matter; and

                (6)      Real estate advertising of the property on which the sign is located provided the area of
the sign or group of signs is less than three square feet.
(Ord. 161, passed 5-16-1995)


§ 153.02 PERMIT REQUIRED.

         (A)      (1)      It shall be unlawful for any person to erect within the village any sign or other
advertising structure without first obtaining a sign permit from the Village Clerk-Treasurer and signing an
affidavit stating the individual or business understands and will comply herewith.

                (2)     The fee for such permit shall be payable at the time of approval as follows: less than
nine square feet, $25; nine square feet or more, $50.

              (3)    The applicant is responsible to coordinate with all agencies involved and to obtain all
necessary endorsements.

        (B)     A sign permit shall contain the following:

                (1)     Name, address and phone number of applicant;

                 (2)      Location of building, structure or lot to which or upon which the sign or other
advertising structure is to be attached or erected;

                (3)     Position of sign in relation to nearby building structures; and

         (4) Two blue prints or drawings of the plans and specifications and method of construction and
attachment to the building or on the ground.

   (C) The application shall be reviewed by the Code Enforcement Officer and the Planning and Zoning
Commission to assure conformance with the current ordinances. The Village Clerk or assistant will issue and
sign the sign permit.




2006 S-3
                                                      Signs                                                      35


     (D) If the application is found to be in conformance, the Code Enforcer and the Planning and Zoning
Commission shall endorse on the application his or her approval and the Village Clerk or Deputy shall issue the
sign permit addressed to the applicant for carrying on the business applied for upon payment of the prescribed
permit fee. The Village Clerk or Deputy shall be the approving authority and sign the sign permit. A copy of
the sign permit issued shall be made part of the consent agenda.

      (E) If the application is found to be in non-conformance, the Code Enforcer and the Planning and Zoning
Commission shall endorse on the application the reasons the application is not in conformation, return the
application to the Village Clerk or Deputy who shall notify the applicant that no permit can be issued without
approval of the Governing Body, after a hearing is held pursuant to § 150.03. The Village Clerk or Deputy
shall notify the applicant of the time and place of the hearing before the Governing Body,
(Ord. 161, passed 5-16-1995; Am. Ord. 217, passed 12-20-2005) Penalty, see § 10.99


§ 153.03 DESIGN.

        (A)      The design of each sign or advertising structure shall conform with the Frontier, Western,
Territorial or Spanish style architecture existing in Tularosa.

       (B)     The lettering on each sign shall conform with the Western or Frontier print.
(Ord. 161, passed 5-16-1995)


§ 153.04 CONSTRUCTION.

        Signs shall be constructed of any of the following materials:

        (A)     Backgrounds of wood, redwood, cedar, pine and the like, planking or exterior grade plywood;

        (B)     Letters cut out or painted on or routed with contrasting color;

        (C)     Separate raised letters of wood or black iron applies to building walls or rooftops or gables;

        (D)     Anchorage of sign should be simple and inconspicuous as possible, compatible with necessary
strength;

        (E)     Structural supports for freestanding signs made of wood, such as rough-sawn, peeled or adzed
timber, stripped aspen poles or some material compatible with the area; (Steel poles may be used but painted
to blend with the area in which they are used.)

        (F)     Rigid steel framework, if used, will be painted so as to blend in with the natural look of the sign,
preferably earth tones; (Rating company signs are permissible. If possible, use decals common to this type of
sign and mount flat against window, side of building or structure.)


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36                                          Tularosa - Land Usage


     (G) Other materials besides the above may be used if they meet with the approval of the Board of
Trustees; and

    (H) Natural stone or timber planters can be used to provide greater protection for the sign and give an
opportunity for landscaping.
(Ord. 161, passed 5-16-1995)


§ 153.05 COLORS.

     Signs may include a wide range of warm colors from malt black to ivory, preferably earth tones to blend
with the natural surroundings.
(Ord. 161, passed 5-16-1995)


§ 153.06 SIZE.

     (A) The main sign shall not exceed 18 square feet.

     (B) Any additional signs shall be limited to a total square footage of one square foot of sign for each
linear front foot of business property or linear front footage of the building, whichever is smaller, not to exceed
square feet on any one sign.
(Ord. 161, passed 5-16-1995; Am. Ord. 204, passed 5-14-2003)


§ 153.07 LOCATION AND POSITION.

    (A) When signs are located on buildings or on roofs, the sign must be within the silhouette of the building
to which it is attached.

      (B) A freestanding sign shall not exceed the building height and no sign shall block visibility of any
intersection or roadway.
(Ord. 161, passed 5-16-1995) Penalty, see § 10.99


§ 153.08 LIGHTING.

     (A) If lighting is necessary, small spotlights from adjacent roofs or in planting area may be used.
Illumination from continuous light strip with baffle at the sign top or the back may be lit to produce a soft glow.

    (B) No flashing or moving forms of illumination are permitted.
(Ord. 161, passed 5-16-1995) Penalty, see § 10.99
2006 S-3
                                                       Signs                                                     37


§ 153.09 DIRECTIONAL AND TRAFFIC CONTROL.

       (A)     Directional and traffic control signs such as vacancy, parking, open, closed and the like shall be
exempt here from and shall not exceed three square feet per sign.

       (B)     No flashing or moving forms of illumination are permitted.
(Ord. 161, passed 5-16-1995) Penalty, see § 10.99


§ 153.10 MAINTENANCE.

       (A)      All signs will be kept in good repair and painted or maintained in an appropriate and safe
manner.

       (B)     Any sign deemed in disrepair by the Board of Trustees will be considered to be non-
conforming to this chapter and the owner will, after receipt of a written notice from the Board of Trustees,
make the necessary repairs or remove the sign within 30 days of the notice.
(Ord. 161, passed 5-16-1995) Penalty, see § 10.99


§ 153.11 OFF-PREMISE SIGNS.

       No freestanding signs shall be erected or maintained off the premises of the advertised business.
(Ord. 161, passed 5-16-1995) Penalty, see § 10.99


§ 153.12 REMOVAL OF OBSOLETE BUSINESS SIGNS.

      Any sign now or hereafter existing, along with its supports, which no longer advertise a bona fide business
conducted or a product sold, on the premises, shall be taken down or removed by the owner, agent or person
having the beneficial use of the building or structure or land upon which the sign may be found within ten days
after written notice from the village. Failure to comply with the notice within the time specified in the order, the
village is hereby authorized to cause removal of the sign, and any expense incident thereto shall be paid by the
owner of the building or structure to which the sign is attached.
(Ord. 161, passed 5-16-1995) Penalty, see § 10.99


§ 153.13 BANNERS, PLACARDS OR TEMPORARY SIGNS.

     Banners, tent placards or signs of a temporary nature shall be allowed for a period not to exceed ten days
in any one season of the year unless additional days are approved by the Board of Trustees in which case the
owner shall apply for a sign permit.
(Ord. 161, passed 5-16-1995)


2006 S-3
38                                           Tularosa - Land Usage


§ 153.14 NEON SIGNS.

    No exposed neon will be used or erected in any fashion for a sign.
(Ord. 161, passed 5-16-1995) Penalty, see § 10.99


§ 153.15 NON-CONFORMING SIGNS; REMOVAL; DETERMINING JUST
COMPENSATION.

        (A)     Notwithstanding any other provision of this chapter, the Board of Trustees may determine to
remove any advertising structure or sign not conforming to this chapter. The Board of Trustees shall make the
determination by adoption of a resolution. The resolution shall identify generally the advertising structure or
sign by generally stating its location, the message on it or size and type.

        (B)     (1)     Prior to adoption of the resolution, the Village Clerk-Treasurer, at least 14 calendar
days prior to consideration of the resolution by the Board of Trustees, shall mail a letter certified, return receipt
requested, enclosing a copy of the proposed resolution to the owner or reputed owner or occupant or person
in charge or reputed occupant or person in charge of the sign or premises on which it is located.

                 (2)     The letter shall inform the person of the resolution and inform him or her that he or she
may appear and present any evidence he or she may desire on whether or not the resolution will mean that the
advertising structure or sign shall be required to be removed and that just compensation shall be paid therefore.

         (C)    If the Board of Trustees adopts the resolution, the Board of Trustees shall select three bona
fide sign companies in the state to appraise the sign in question. Board of Trustees shall take the average of the
three appraisals to be paid as just compensation. The amount shall be paid to the person and he or she shall
remove the sign within five calendar days after payment. If not so removed, the village may do so at the sign
owner's expense.
(Ord. 161, passed 5-16-1995)




2006 S-3
                                      CHAPTER 154: ZONING


Section


                                          General Provisions

    154.01 Title and purpose
    154.02 Definitions

                         Comprehensive Zoning Regulations and Standards

    154.15   General regulations
    154.16   RA Residential/Agricultural
    154.17   R-1 Single Family Residential
    154.18   R-2 Multiple Family Residential
    154.19   R-MH Mobile Home Residential
    154.20   HR Historical Residential
    154.21   C Commercial
    154.22   HC Historical Commercial
    154.23   D Industrial
    154.24   Nonconforming uses
    154.25   Exceptions and modifications
    154.26   Special uses
    154.27   Off-street parking

                                   Administration and Enforcement

    154.35   Required permits
    154.36   Board of Appeals
    154.37   Code Enforcer
    154.38   Recently annexed territory
    154.39   Changes and amendments

    154.99 Penalty
           39
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40                                          Tularosa - Land Usage


                                          GENERAL PROVISIONS


§ 154.01 TITLE AND PURPOSE.

     (A) This chapter shall be known, referred to and recited as the Comprehensive Zoning Law of the village.

         (B)     The official zoning plan for the village is hereby established and adopted to serve the public
health, safety and general welfare of the community and to provide the economic and social advantages
resulting from an orderly planned use of land resources.
(Am. Ord. 203, passed 4-15-2003; Am. Ord. 204, passed 5-20-2003)


§ 154.02 DEFINITIONS.

        For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.

        ACCESSORY BUILDING. A subordinate building, attached to or detached from the main building,
the use of which is incidental to that of the main building and not used as a place of habitation.

       APARTMENT HOUSE. A building designed or used for three or more dwelling units, with separate
housekeeping and cooking facilities for each unit.

      BED AND BREAKFAST. A building within which temporary lodging with meals is provided for
compensation.

       BOARDINGHOUSE. A building containing not more than 15 rooms with sleeping facilities where
meals or lodging and meals are provided for compensation and by previous arrangement to three or more
persons, but not exceeding 20 persons.

         BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping
of a flat roof, or to the deck line of a mansard roof or to the mean height level between eaves and ridge for
gable, hip and gambrel roofs.

         BUILDING, MAIN. The building occupied by the primary use.

         BUILDING SITE. The ground area for a building or structure together with all yards and open
space.

2004 S-2
                                                       Zoning                                                       41


    CARPORT. A canopy or shed open on two or more sides and attached to the main building, for the
purpose of providing shelter for one or more vehicles.

     CHILD CARE FACILITY. The use of a structure or portion thereof for the care of three or more
children for compensation. Includes nursery, day care center, kindergarten.

     CLEAR SIGHT TRIANGLE. An area of unobstructed vision at street intersections which allows a
vehicle driver to see approaching vehicles. Nothing is permitted more than three feet high measured from
street curb point or edge of street to obstruct a sight line which shall be the front street and side street lines of a
corner lot and a line connecting points 30 feet distance from the intersection of the property line of such lot.

     CLINIC. A building or portion thereof designed for, constructed or under construction or alteration for
or used by two or more physicians, surgeons, dentists, psychiatrists, physiotherapists or practitioners in related
specialties or a combination of persons in these professions.

     DWELLING UNIT, SINGLE FAMILY. One or more connected rooms and a single kitchen
designed as a unit for occupancy by one family for living and sleeping purposes, but not including a recreation
vehicle or travel trailer, permanently installed on a permanent foundation and consistent with applicable
aesthetics standards which may be adopted by village ordinance, which has received a permit from the village
or another permitting agency with jurisdiction, and the structure is either:

           (1) Constructed to the standards adopted by the village and other technical codes, as of the date of
the unit's construction; or

          (2) A multi-section manufactured home with a manufacture date not earlier than 12 years prior to
the current date when application is made to erect the structure.

     FAMILY.

          (1) One or more persons who are related by blood or marriage living together and occupying a
single housekeeping unit with single culinary facilities, or a group of not more than four persons living together
by joint agreement and occupying a single housekeeping unit with single culinary facilities on a non-profit, cost
sharing basis.

      (2) The usual domestic servants residing on the premises shall be considered as part of the
FAMILY.

     FILLING STATION. Any building or land used for the dispensing, sale or offering for sale at retail of
any automobile fuels, lubricants or tires, and indoor car washing, minor motor adjustments and flat tire repair
when incidental to the conduct of a filling station.
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42                                         Tularosa - Land Usage


         GRADE. The elevation of the ground at a building or building site.

        GUEST HOUSE. An attached or detached unit used as an accessory building to the primary single
family home and not rented or otherwise conducted as a business. A GUEST HOUSE shall not exceed 600
square feet outside dimensions.

         HOME OCCUPATION. A professional occupation conducted in dwellings and apartments,
including that of a physician, surgeon, dentist, lawyer, clergyperson or other similar professional person and
dressmaking or tailoring; provided no person shall engage in such professional occupation, dressmaking or
tailoring, other than those who reside on the premises; and provided further that in no case shall more than
25% of the floor area of any dwelling, exclusive of any accessory building, be used for any one or more of the
said occupations; and provided that no HOME OCCUPATION shall be permitted in an accessory building;
and provided further that no windows or other display or sign be used to advertise such occupancy other than
single sign not more than 8 inches in width and 36 inches in length.

        HOTEL. A building used as an abiding place of more than 15 persons who for compensation are
lodged with or without meals and in which no provision is made for cooking in any individual room or suite and
in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a
person in charge at all hours.

        INSTITUTION. A building or group of buildings designed or used for non-profit, charitable or
public service purposes of providing board, lodging and health care for persons aged, indigent or infirm, or a
building or group of buildings for the purpose of performing educational or religious services and offering board
and lodging to persons enrolled for training.

        LODGING HOUSE. A building containing not more than 15 rooms with sleeping facilities where
lodging only is provided for compensation and by previous arrangement to three or more persons but not
exceeding 15 persons.

        LOT. A parcel of land occupied or which may be hereinafter occupied by a building and its accessory
buildings, together with such open spaces and parking spaces as are required under this chapter and having its
principal frontage upon an officially approved street or place, or upon a park or parkway provided such parcel
of land abuts also on a street or place.

                (1)     LOT, CORNER. A lot abutting upon two or more streets at their intersection.

                (2)     LOT, DEPTH OF. The average horizontal distance between the front and rear lot
lines.

                (3)     LOT, WIDTH OF. The average horizontal distance between the side lot lines.
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                                                    Zoning                                                   43


         (4) LOT, THROUGH. A lot having a frontage on two approximately parallel streets or places.

     LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the
office of the Otero County Clerk; or a parcel of land which became legally established and defined by deed or
contract on or before the effective date of this chapter.

      MOBILE HOME. A movable or portable housing structure larger than 40 feet in body length, 8 feet in
width or 11 feet in overall height, designed for and occupied by no more than one family for living and sleeping
purposes that is not constructed to the standards of the United States Department of Housing and Urban
Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the
Housing and Urban Development Zone Code 2 or Uniform Building Code, as amended to the date of the
unit's construction or built to the standards of any municipal building code.

     MODULAR HOME. A pre-manufactured structure as defined in NMSA § 3-21A-2, as amended from
time to time. MODULAR HOMES must meet UBC standards and be listed as approved by the New
Mexico State Construction Industries Division. (See list of current approved manufacturers in the village
office.)

     MULTI-SECTION MANUFACTURED HOME. A manufactured home that is a single family
dwelling with a heated area of at least 36 by 24 feet and at least 864 square feet, and constructed in a factory
to the standards of the United States Department of Housing and Urban Development, the National
Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban
Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction,
and installed consistent with the Manufactured Housing Act and with the rules made pursuant thereto relating to
permanent foundations.

     NONCONFORMING USE. A building or land which does not conform with the height, area or use
regulations of the district in which it is located.

     NURSING or CONVALESCENT HOME. A building designed or used in whole or in part for the
care of ill, senile or otherwise infirm persons residing on the premises.

     PARKING SPACE. An impervious, hard-surfaced area enclosed in the main building or in an
accessory building or unenclosed, having an area of not less than 160 square feet exclusive of driveways,
permanently reserved for the temporary storage of one automobile and connected with a street, place or alley
by an impervious hard- surfaced driveway at least eight feet in width which affords unobstructed ingress and
egress for automobiles.

     RECREATIONAL VEHICLE PARK. A site zoned to provide temporary parking for recreational
vehicles.
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44                                          Tularosa - Land Usage


     RECREATIONAL VEHICLES (RVs). Self-contained dwelling units, factory built and assembled,
designed for conveyance on their own wheels, designed and constructed especially for short-term occupancy
and including vehicles commonly referred to as motor homes, pick-up campers and small trailers, not to
exceed 44 feet in length.

     STRUCTURAL ALTERATION. Any change in the supporting members of the building, such as in a
bearing wall, column, beam or girder, floor or ceiling joist, roof, rafter, foundation, pile or retaining wall or
similar components, or in any building line of the building.

     STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent
location on the ground or attached to something having a permanent location on the ground.

     STRUCTURE, MAIN. A building within which is conducted the principal use of the property.

     USE, PERMITTED. A principal allowed use, an accessory use, or a special use specifically allowed.

     USE, PROHIBITED. A use which is not specifically allowed.

     YARD, FRONT. A yard between the front line of a building and the front lot line.

     YARD, REAR. A yard between the extreme rear line of a building and the rear lot line.

    YARD, SIDE. A yard between the side lot line and the nearest part of the main building.
(Am. Ord. 203, passed 4-15-2003; Am. Ord. 204, passed 5-20-2003; Am. Ord. 209, passed 1-20-04)




                 COMPREHENSIVE ZONING REGULATIONS AND STANDARDS


§ 154.15 GENERAL REGULATIONS.

     (A) Establishment of districts. In order to regulate and restrict the location and use of buildings and
land for trade, industry, residence and other purposes, to regulate and restrict the height and size of the
buildings hereafter erected or structurally altered, the size of yard and other open spaces and the density of
population, the village is hereby divided into the following zones:

          (1) RA Residential/Agricultural (former AA Suburban);

        (2) R-1 Single Family Residential (former A);
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                                                      Zoning                                                    45


          (3) R-2 Multiple Family Residential (former B);

          (4) R-MH Mobile Home Residential (former E Trailer);

                (5)     HR Historical Residential;

                (6)     C Commercial;

                (7)     HC Historical Commercial;

                (8)     D Industrial.

        (B)     Boundaries of zones.

                 (1)    The boundaries of the zones are shown on the map entitled Village of Tularosa Zoning
District Map, the original of which is on file with the Clerk of the village and this map, together with all the
notations, references and other information shown thereon, is hereby adopted and made a part of this chapter,
and has the same force and effect as if it were fully set forth or described herein.

               (2)     The boundaries of the above-mentioned zones, as set out on the zoning map, are
hereby described as follows:

                        (a)     Class RA Residential/Agricultural.

                                 1.      All that area within the following described boundaries: beginning at a
point on the west right-of-way line of Highway 54, 525 feet north of the north right-of-way line of Alamo
Street; thence in a westerly direction perpendicular with Highway 54, a distance of 150 feet; thence in a
northerly direction parallel to Highway 54 to the north corporate limits; thence east along the corporate limits to
Highway 54; thence in a southerly direction along the west right-of-way line of Highway 54 to the point of
beginning.

                                 2.      Also that area within the following described boundaries: beginning at a
point on U. S. Highway 54, which is in direct line with the north side of an alley in the Sierra Terraces
Subdivision, running east and west; thence in a northerly direction along the east right-of way line of Highway
54 to the north corporate limits; a distance of 150 feet; thence in a southerly direction parallel to Highway 54
to the point of beginning.

                            (b)     Class R-1 Single Family Residential. All of that area within the corporate
limits of the village left in black or white on the zoning map and not otherwise included in the description of any
other district.

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46                                           Tularosa - Land Usage


              (c) Class R-2 Multiple Family Residential. All of that area with the corporate limits of the
village marked in blue on the zoning map.

               (d) Class R-MH Mobile Home Residential. All of that area within the following described
boundaries:

                   1. That land bounded by Central Avenue on the north, Bookout Road on the east, Padilla
Lane on the south, and a line 250 feet east of and parallel to First Street on the west.

                   2. That land bounded by West Fourth Street on the north, La Luz Avenue on the east,
West First Street on the south and the city limits on the west.

                  3. That land bounded by Higuera Street on the north, First Street on the east, Darby
Lane on the South and U.S. Highway 54-70 on the west.

               (e) Class HR Historical Residential. All of that area within the following described
boundaries: beginning at a point at the intersection of Higuera and Eighth Street, thence in a northerly direction
along Eighth Street to Alamo Street, thence in an easterly direction to First Street, thence in a southerly
direction to Higuera Street, thence westerly along Higuera Street to the point of beginning, except for that area
described below as HC Historical Commercial.

               (f) Class HC Historical Commercial. All of that area within the corporate limits of the
village described as follows:

                     1. Beginning at the west right-of-way line of Highway 54-70 and Higuera Street, thence
in a westerly direction to Fifth Street; thence in a northerly direction along Fifth Street to Encino Street; thence
in an easterly direction along Encino Street to a point 150 feet west of the west right-of-way line of Highway
54-70; thence in a northerly direction parallel to Highway 54-70 to Alamo Street, thence east to the west
right-of-way line of Highway 54; thence in a southerly direction along Highway 54 to the point of beginning.

                   2. Also that area beginning at the east line of Highway 54-70 and Higuera Street; thence
east to Second Street; thence north to Fresno Street; thence west to Third Street; thence north to Encino
Street; thence westerly along Encino Street to a point 150 feet east of the east right-of-way line of Highway
54-70 to the north side of Alamo Street; thence in a southerly direction along Highway 54-70 to the point of
beginning.

               (g) Class C Commercial. All of that area within the corporate limits of the village described
as follows:


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                                                     Zoning                                                      47


                      1. Beginning at east right-of-way line of Highway 54 and 70 at the southern corporate
limits of the village; thence westerly along said corporate limits, a distance of 160 feet; thence in a northerly
direction parallel to the west right-of-way line of Highway 54 and 70 to Higuera Street; thence east to the west
right-of-way line of Highway 54-70; thence in a southerly direction along Highway 54-70 to the point of
beginning.

                    2. Also that area beginning at the west right-of-way line of Highway 54-70 and Alamo
Street, thence in a westerly direction along Alamo Street to a point 150 feet west of the west right-of-way line
of Highway 54-70; thence in a northerly direction parallel to Highway 54 a distance of 525 feet from the north
side of Alamo Street; thence east to the west right-of-way line of Highway 54; thence in a southerly direction
along Highway 54 to the point of beginning.

                    3. Also that area within the following described boundaries: beginning at the east line of
Highway 54-70 at the southern corporate limits of the village, thence easterly along the corporate limits a
distance of 160 feet; thence in a northerly direction parallel to Highway 54-70 to Higuera Street; thence in a
southerly direction along Highway 54-70 to the point of beginning.

                    4. Also that area within the following described boundaries: beginning at the right-of-way
line of Highway 54 and 70 and the north side of Alamo Street; thence easterly along the north side of Alamo
Street to the west side of First Street; thence in an easterly direction to an alley running east and west in the
Baldwin Subdivision; thence along the alley to Bookout Road; thence south perpendicular to Highway 70 to a
point which is 150 feet south of the south right-of-way line of Highway 70; thence easterly parallel to Highway
70 to the east corporate limits; thence north to the south right-of-way line of Highway 70, thence in a westerly
direction along the right-of-way line to a point of beginning.

                     5. Along the area within the following described boundaries to wit: beginning at point on
the north right-of-way line of Highway 70 which is the southeast corner of the Tularosa Gardens Subdivision;
thence north along the east boundary of the subdivision to the south side of an alley, which is 90 feet from said
right-of-way line; thence in a westerly direction along the south side of said alley to the west boundary of the
Tularosa Gardens Subdivision; thence north along the boundary to a point 150 feet from the north right-of-way
line of Highway 70; thence in a westerly direction parallel to the east boundary of the Sierra Terraces
Subdivision, located 68.7 feet north of the north right-of-way line of Highway 70; thence north to the north
side of the alley; thence west to Highway 54; thence in an easterly direction along the right-of-way line of
Highway 70 to the point of beginning.

                  6. Also that certain tract of land in the form of a triangle at the intersection of Highways
54 and 70, as shown on the Zoning District Map.




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48                                           Tularosa - Land Usage


                      7. Also that tract of land designated as Hortaliza 103 on the map of the Tularosa
Townsite filed in 1885 in the Office of the Probate Court in Doha Ana County, New Mexico, a copy of
which is on file in the office of the Otero County Clerk.

               (h) Class D Industrial. All of that area within the following described boundaries:

                   1. A strip of land 150 feet in width on the east and west side of the right-of-way line of
the Southern Pacific Railroad beginning at the southern corporate limits and proceeding in a northerly direction
for the north corporate limits.

                  2. Also the area within the following described boundaries to wit: all of Hortaliza 103
and the west two-thirds of Hortaliza No 37 of the Townsite of Tularosa, as the same is shown on the map of
Probate Court in Dona Ana County, New Mexico, a copy of which is on file in the Office of the Otero County
Clerk.

          (3) In cases where zone boundaries, as shown on the map, do not coincide or approximately
coincide with street lines, alley lines or lot lines, and no dimensions are shown, or set forth herein, the location
of the zone boundary lines shall be determined by the use of the scale appearing on the map.

      (C) Vacation of streets. Whenever any street, alley or other public way is vacated by official action of
the Board of Trustees, the zoning district adjoining each side of the street, alley or public way shall be
automatically extended to the center of same, and all area included therein shall then henceforth be subject to
all appropriate regulations of the extended zones.

     (D) Used allowed; exceptions. No building or land shall hereinafter be used and no building or part
thereof shall be erected, reconstructed, converted, moved or structurally altered unless in conformity with the
regulations as set forth in this chapter, with the exception of legal nonconforming buildings destroyed by fire,
storm or other act of God or the public enemy; provided the restoration is accomplished with no increase in
cubical content and no increase in floor area over the buildings existing immediately prior to damages.

      (E) Location of buildings. Every building hereafter erected, reconstructed, converted, moved or
structurally altered shall be located on a lot in conformance with applicable setback requirements provided in
this chapter and, in no case, shall there be more than one main building on one lot.

     (F) Reduction in area. No lot shall be reduced in area so that yards, lot area per family or other open
space requirements of this chapter are not maintained. Minimum yards, parking and other open spaces,
including lot area per family required for a permitted use, shall not be considered as yard or open space
requirements for any use occupying another lot.

     (G) Interpretation, purpose and conflict. In interpreting and applying the provisions of this chapter,
these shall be held to be the minimum requirements for the promotion of the public safety, health,
2003 S-1
                                                      Zoning                                                    49


convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere
with or abrogate or annul any ordinances, rules, regulations or permits previously adopted or issued; nor is it
intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements
between parties; provided, however, that where this chapter imposes a greater restriction upon the use of
buildings or requires larger open spaces or larger lots that are imposed or required by such ordinances or
agreements, the provisions of this chapter shall control.
(Am. Ord. 204, passed 5-20-2003)


§ 154.16 RA RESIDENTIAL/AGRICULTURAL ZONE.

      (A) Purpose. This zone is intended to encourage a suitable environment for single family residential use
in large parcels of land on the periphery of the built up portions of the village and to provide a low density of
population.

     (B) Uses. A building or land shall be used only for the following purposes:

          (1) Farming, including the usual farm buildings and structures, animal raising;

          (2) Truck and flower gardening, nurseries and greenhouses;

          (3) One single family dwelling unit per lot;

          (4) Churches and temples;

         (5) Public or private elementary and high schools and public and private nursery schools and
kindergartens;

          (6) Public and private conservation projects;

          (7) Public parks, parkways and playgrounds;

          (8) Private clubs and recreational uses, except commercial amusement enterprises operated for
private profit;

         (9) Temporary, unenclosed roadside stands offering for sale only farm or truck garden produce
which are produced on the premises;

        (10) Institutions of an educational, religious, charitable, philanthropic or similar nature;

       (11) Home occupations;
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        (12) Accessory buildings and use customarily incidental to any of the above uses; and

          (13) Bulletin boards for churches, institutions or public building and signs not exceeding 12 square
feet in area, pertaining to the lease, hire of or sale or use of a building or premises; provided, however, that not
more than one sign of the above character shall be permitted and shall be so located as to cause no traffic
hazard.

     (C) Setback, area, and height restrictions.

          (1) The minimum front yard setback shall be 25 feet;

           (2) The minimum side yard setback shall be five feet along each side lot line. The side lot on the
street side of a corner lot shall be not less than 12½ feet;

          (3) The minimum rear yard setback shall be 15 feet;

          (4) The minimum lot size per single family dwelling shall be 6,000 square feet;

          (5) No building shall exceed 35 feet in height.

     (D) Area regulations.

           (1) Side yard. There shall be two side yards, one on each side of the buildings, having a combined
width of not less than 25% of the width of the lot, provided that, in no case, shall either side yard be less than
five feet and provided further, that the combined width of the two side yards need not exceed 21 feet.

          (2) Rear yard. There shall be a rear yard having a depth of not less than 15 feet.

          (3) Lot area per family. Every lot or tract of land upon which a dwelling is erected shall have an area
of not less than 6,000 square feet per family; provided, however, that a single-family dwelling may be
constructed upon any lot of record existing at the time of adoption of this chapter.
(Am. Ord. 204, passed 5-20-2003; Am. Ord. 209, passed 1-20-04)


§ 154.17 R-1 SINGLE FAMILY RESIDENTIAL

     (A) Permitted uses. A building, not including a trailer, or land shall be used for the following purposes:

        (1) One single-family dwelling per lot;
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                                                      Zoning                                                    51


            (2) Parks, playgrounds and community buildings owned or operated by city, state or federal
agencies;

            (3) Public libraries and museums;

         (4) Public or private elementary and high schools and public or private nursery schools or
kindergartens;

         (5) Private recreational uses, such as tennis courts, swimming pools, operated exclusively for private
use and not for commercial purposes;

            (6) Churches and temples;

            (7) Home occupations; and

         (8) Accessory buildings including private garages and uses customarily incidental to any of the above
uses, when located on the same lot and not involving the conduct of a business.

    (B) Setback, area, and height restrictions.

            (1) The minimum front yard setback shall be 25 feet;

           (2) The minimum side yard setback shall be five feet along each side lot line. The side lot on the
street side of a corner lot shall be not less than 12½ feet;

            (3) The minimum rear yard setback shall be 15 feet;

            (4) The minimum lot size per single family dwelling unit shall be 6,000 square feet;

        (5) No building shall exceed 35 feet in height.
(Am. Ord. 204, passed 5-20-2003; Am. Ord. 209, passed 1-20-04)


§ 154.18 R-2 MULTIPLE FAMILY RESIDENTIAL.

    (A) Permitted uses. A building or land shall be used only for the following purposes:




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52                                          Tularosa - Land Usage


          (1) Any use permitted in R-1 Single Family Residential;

          (2) Boarding houses and lodging houses;

        (3) Home occupations, provided that professional persons engaging in the home occupations may
employ not more than two assistants;

          (4) Institutions of a religious, educational, eleemosynary or philanthropic nature. but not penal or
mental institutions;

          (5) Multiple family dwellings;

          (6) Private clubs and lodges, excepting those the chief activity of which is a service customarily
carried on as a business;

            (7) Private schools offering instruction in accounting, secretarial work, business administration, the
fine or illustrative arts and similar subjects, except that no dancing, music or trade schools shall be permitted;

          (8) Nursing and convalescent homes;

           (9) Signs not exceeding six square feet in area of a permanent character and pertaining to the
offering for rent of rooms in the main buildings;

        (10) Tourist homes; and

         (11) Accessory buildings and uses customarily incidental to any of the above uses when located on
the same and not involving the conduct of a business, including storage garages where the lot is occupied by a
multiple dwelling, apartment hotel, club, hospital or institutional building.

     (B) Setback, area, and height restrictions.

          (1) The minimum front yard setback shall be 25 feet; on through lots the required yard shall be on
both streets;

           (2) The minimum side yard setback shall be five feet along each side lot line. The side lot on the
street side of a corner lot shall be not less than 12½ feet;

          (3) The minimum rear yard setback shall be 15 feet;

        (4) The minimum lot size per single family or multiple family dwelling shall be 6,000 square feet;
2003 S-1
                                                     Zoning                                                     53


        (5) No building shall exceed 35 feet in height.
(Am. Ord. 204, passed 5-20-2003)

§ 154.19 R-MH MOBILE HOME RESIDENTIAL

    (A) Permitted uses.

         (1) Any use permitted in R-1 Single Family Residential;

         (2) Permanently placed mobile homes;

         (3) Mobile home parks.

    (B) Setback, area, and height restrictions.

         (1) The minimum front yard setback shall be 25 feet;

           (2) The minimum side yard setback shall be five feet along each side lot line. The side lot on the
street side of a corner lot shall be not less than 12½ feet;

         (3) The minimum rear yard setback shall be 15 feet;

        (4) The minimum lot or tract size per mobile home unit shall be 6,000 square feet. In any mobile
home park the minimum lot or tract size per mobile home space shall be not less than 4,000 feet;

        (5) No building shall exceed 15 feet in height.
(Am. Ord. 204, passed 5-20-2003)


§ 154.20 HR HISTORICAL RESIDENTIAL.

    (A) Purpose.

        (1) This zone and the Historical Commercial Zone are established to encompass the Forty Nine
Blocks Historical District.

    (B) Permitted uses.

         (1) Any use permitted in R-1 Single Family Residential.


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     (C) Setback, area, end height restrictions.

         (1) The minimum front yard setback shall be 25 feet;

           (2) The minimum side yard setback shall be five feet along each side lot line. The side lot on the
street side of a corner lot shall be not less than 12½ feet;

         (3) The minimum rear yard setback shall be 15 feet;

         (4) The minimum lot or tract size per mobile home unit shall be 6,000 square feet;

        (5) No building shall exceed 35 feet in height.
(Am. Ord. 204, passed 5-20-2003)


§ 154.21 C COMMERCIAL.

     (A) Permitted uses. A building on land shall be used only for the following purpose:

         (1) Any use permitted in R-2 Multiple Family Residential;

         (2) Amusement places of theaters, except open air and drive-in theaters;

         (3) Auto sales rooms;

         (4) Auto service and repair establishments, subject to regulations in Chapter 93;

         (5) Banks;

         (6) Barber shops, beauty parlors, massage or similar personal service shops;

         (7) Clinics;

         (8) Custom dressmaking, millinery, tailoring or similar retail trade employing not more than five
persons on the premises;

         (9) Service stations;

        (10) Storage units;

        (11) General retail service and repair establishments similar to those enumerated in this chapter
2003 S-1
                                                    Zoning                                                       55


but employing not more than ten persons on the premises, exclusive of drivers or employees who spend the
greater part of their working time away from the premises;

        (12) Hospitals;

        (13) Hospitals or clinics for animals, except that no open kennels shall be maintained on the premises;

        (14) Hotels;

        (15) Laundries employing not more than five persons exclusive of drivers or other employees who
spend the greater part of their working time away from the premises;

        (16) Laundromats;

        (17) Laundry and dry cleaning establishments (combined operation) employing not more than ten
persons exclusive of drivers or other employees who spend the greater part of their working time away from
the premises;

        (18) Locksmith shops;

        (19) Medical and dental clinics;

        (20) Messenger and telegraph service stations;

        (21) Milk distributing stations, but not involving any bottling on the premises;

        (22) Nursing and convalescent homes;

        (23) Offices of physicians, surgeons, dentists, psychiatrists, physiotherapists, lawyers, accountants,
engineers and other professional uses;

        (24) Parking spaces and lots for parking automobiles;

        (25) Pharmacies, drugstores, restaurants, flower shops and retail stores;

        (26) Photographers studios;

        (27) Plumbing shops;

       (28) Printing shops;
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        (29) Restaurants;

         (30) Shoe repairing shops, employing not more than five persons on the premises exclusive of drivers
or other employees who spend the greater part of their working time away from the premises;

        (31) Shops for the repair of electrical and radio equipment and other similar commodities, employing
not more than five persons on the premises, exclusive of drivers or employees who spend the greater part of
their working time away from the premises;

        (32) Stores or shops for the conduct of a retail business;

       (33) Tinsmithing shops employing not more than five persons, exclusive of drivers or other employees
who spend the greater part of their working time away from the premises;

        (34) RV Parks;

        (35) Undertaking establishments;

        (36) Used car sales lots, provided the lots shall not be used to store wrecked automobiles;

          (37) Accessory buildings and uses customarily incidental to the above listed uses, including sign or
bulletin board relating only to services, articles and products offered within the building to which the sign is
attached;

         (38) The property line of an adult book store shall not be located within 300 feet of the property line
of a school or church.

     (B) Setback, area, and height restrictions.

         (1) Setback, area and height regulations for dwelling units are the same as in R-2 Multiple Family
Residential;

          (2) No front yard is required;

           (3) The minimum side yard setback shall he five feet along each side lot line. The side lot on the
street of a corner lot shall be not less than 12½ feet;

           (4) No rear yard is required, except where a lot abuts upon a dwelling district, in which case there
shall be a rear yard or not less than 15 feet;

         (5) Any building used primarily for the previously enumerated uses may not have more than 25% of
the door area devoted to storage purposes incidental to the primary uses;
        (6) No building shall exceed 35 feet in height.
(Am. Ord. 204, passed 5-20-2003; Am. Ord. 217, passed 12-20-2005)

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                                                     Zoning                                                     57


§ 154.22 HC HISTORICAL COMMERCIAL

     (A) Purpose. This zone is established to recognize the commercial section of the Forty Nine Blocks
Historical District.

     (B) Permitted uses. Any uses permitted in C Commercial.

     (C) Setback, area, and height restrictions.

         (1) Setback, area and height regulations for dwelling units are the same as in R-2 Multiple Family
Residential;

          (2) No front yard is required;

           (3) The minimum side yard setback shall be five feet along each side lot line. The side lot on the
street side of a corner lot shall be not less than 12½ feet;

           (4) No rear yard is required, except where a lot abuts upon a dwelling district, in which case there
shall be a rear yard or not less than 15 feet;

           (5) Any building used primarily for the previously enumerated uses may not have more than 25% of
the floor area devoted to storage purposes incidental to the primary uses;

        (6) No building shall exceed 35 feet in height.
(Am. Ord. 204, passed 5-20-2003)


§ 154.23 D INDUSTRIAL

     (A) Permitted uses. A building or land may be used for any purpose not in conflict with any ordinance
of the village pertaining to nuisances as defined by statute or the common law, provided that no building or
occupancy permit shall be issued for any of the following uses unless and until the location of the use shall have
been approved by the Board of Trustees of the village:

          (1) Acid manufacture;

          (2) Fertilizer manufacture;

          (3) Fireworks or explosives, manufacture or storage;

        (4) Garbage, offal or dead animals, reduction or dumping;
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          (5) Gas manufacture;

          (6) Petroleum, refining or wholesale storage;

          (7) Stock yards or slaughter of animals;

          (8) Tanning or curing or storage of raw hides and skins; and

          (9) Wrecking, dismantling or junking or automobiles or other vehicles; storage of automobiles or
vehicles for wrecking, dismantling or junking or the salvaging or selling or parts therefrom, except when wholly
carried on within a fully enclosed building.

     (B) Setback, area, and height restrictions.

         (1) Setback, area and height regulations for dwelling units are the same as in R-2 Multiple Family
Residential;

          (2) No front yard is required;

           (3) The minimum side yard setback shall be five feet along each side lot line. The side lot on the
street side of a corner lot shall be not less than 12½ feet;

          (4) No rear yard is required, except where a lot abuts upon a dwelling district, in which case there
shall be a rear yard of not less than 15 feet;

          (5) No building shall exceed 35 feet in height.

     (C) Loading and unloading regulations.

          (1) Any commercial or industrial building shall provide one space with minimum dimensions of 10
feet by 25 feet for the loading or unloading of trucks or trailers either within the building or upon the lot for
every building containing 10,000 square feet or less gross floor area.

          (2) One additional loading space shall be provided for each additional 10,000 square feet of gross
floor area or fraction thereof.
(Am. Ord. 204, passed 5-20-2003)




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§ 154.24 NONCONFORMING USES

     A nonconforming use of a building or portion thereof or land, which use existed on January 5, 1959,
(effective date of Ordinance No. 10) and which use remains nonconforming at the time any subsequent
amendment to this code is adopted, may be continued or changed subject to the following regulations:

    (A) Any building, legally under construction or built prior to or on January 5, 1959, or at the time an
amendment to this chapter becomes effective, may be established as a bona fide nonconforming use by the
Board of Trustees, if the Board finds that the construction represents a substantial investment.

      (B) No building or portion thereof or land used in whole or in part for nonconforming purpose, according
to the provisions of this chapter, which hereafter becomes vacant for a continuous period of 12 calendar
months, shall again be used, except in conformity with the regulations of the zone in which the building or land
is situated.

     (C) (1) A nonconforming use of a building or a portion thereof, or of land or a portion thereof, shall not
he extended or enlarged by the attachment of signs to the building, by the placement of signs or displays
materials on land outside of the building or by the attachment of racks, balconies or other projections from the
building or in any other manner, except when required by law or ordinance.

          (2) Dwellings which are nonconforming only as the height, yard area or lot area per family, however,
may be structurally altered and their cubical content increased if the alteration or increase in cubical content
does not further encroach upon any required yard space or off-street parking space.
(Am. Ord. 204, passed 5-20-2003)


§ 154.25 EXCEPTIONS AND MODIFICATIONS.

    (A) Applicability. The regulations hereinafter set forth in this section qualify or supplement, as the case
may be, the district regulations appearing elsewhere in this chapter.

     (B) Exceptions and modifications to lot-area-per-family requirements. Where a lot has less area
than the minimum requirements for the district within which the lot is located and was a lot of record in separate
ownership from adjacent property at the time of passage of this chapter, that lot may be used only for a single
family dwelling purposes or for any non-dwelling purpose permitted in the district within which the lot is
located.

    (C) Exceptions and modifications of height limitations.

          (1) The height limitations of this chapter shall not apply to: church spires; ornamental towers and
spires; belfries; radio or television antenna or aerials; monuments; chimneys; tanks; elevator 2003 S-1
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bulkheads; water towers; smoke stacks; fire towers; state towers or sensory lofts; conveyors; cooling towers;
and flag poles.

          (2) Public, semi-public or public service buildings or schools, when permitted in any dwelling or C
Commercial zone, may be erected to a height not exceeding 60 feet, and hospitals, churches and temples when
permitted in any dwelling or C Commercial zone, may be erected to a height not exceeding 75 feet when the
required front, side and rear yards are each increased by at least one foot for each one foot of additional
building height above the height limit otherwise provided in the district in which the building is located.

     (D) Exceptions and modifications of yard and open space regulations.

           (1) Where less than 60% of a lot is occupied by dwelling units in commercial and industrial districts,
no side yards are required, except a side yard as may be required in the district regulations for a commercial or
industrial building on the side of a lot abutting on a dwelling district. Where a side yard is provided, but not
required, the yard shall be not less than ten feet in width. Where a rear yard is provided, but not required, the
rear yard shall not be less than five feet in depth.

         (2) More than one main institutional, public or semi-public, commercial or industrial building may be
located upon a lot or tract, provided no building or portion thereof is located outside the buildable area of the
lot.

         (3) Every part of a required yard shall be open to the sky, except where accessory buildings are
permitted in a rear or side yard, and except for the ordinary projections of sills, belt courses, cornices and or
ornamental features projecting not to exceed 18 inches.

          (4) A carport or canopy may project into a required side yard, provided that every part of the
projection of the carport or canopy is unenclosed, is removed at least three feet from the nearest side lot line
and does not extend more than 25 feet in length or more than 13 feet in height.

           (5) An open unenclosed, uncovered porch or paved terrace may project into a required front yard
for a distance of not more than ten feet, but this shall not be interpreted to include or permit fixed canopies.

          (6) Temporary roadside stands in RA Residential/Agricultural, may be located within the front yard.

     (E) Exceptions and modifications to use regulations.

         (1) Power plants, heating or refrigerating plants or apparatus or machinery, which are
accessory to permitted uses in RA Residential/Agricultural, shall be permitted in the above named
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districts only if so placed and operated as to cause the least inconvenience to owners or tenants of adjoining
lots and buildings and provided that all of the above mentioned activities comply with existing ordinances and
do not cause serious annoyance or injury to occupants of adjoining premises by reason of the emission of
odors, fumes or gases, dust, smoke, noise or vibration, light or glares or other nuisance.

          (2) Existing railroads and utilities may continue to be operated and maintained in dwelling and
commercial districts, but no new railroads or utility structure other than the usual poles, transformers and other
similar appurtenances, wires, underground utilities, electric substations and gas pressure regulating and metering
stations shall be established in the districts, except when so authorized by the Board of Trustees.

         (3) Fences may be erected along the boundaries of a lot or yard area subject to the requirements of
Uniform Building Code; one segment of fence may be erected in each required side yard area, in an alignment
approximately parallel to the front lot line and connecting the main building with a fence on or along a side lot
line.

          (4) Temporary buildings that are used in conjunction with construction work only may be permitted
in any district during the period that the construction work is in progress, but the temporary buildings shall be
removed upon completion of the construction work.

     (F) Regulation of accessory buildings.

          (1) Any accessory building may be built in a required side or rear yard.

          (2) Required setbacks are:

               (a) Forty feet from the front lot line;

               (b) Two feet from either side or rear lot line;

               (c) Twelve and one-half feet from the street side of a corner lot.

         (3) Accessory buildings or structures permitted in an required rear or side yard by this chapter, shall
not exceed 13 feet in height.

          (4) On a corner lot or an interior lot an accessory building may project from required rear yard into
a required side yard on or parallel to any interior side lot line; provided no portion of the accessory building is
located over 25 feet from the rear property line.

     (G) Community unit plan.

        (1) An authorized agency of the municipal, state or federal government or the private owner or
owners of any tract of land comprising an area of not less than ten acres may submit to the Board of Trustees a
plan for the use and development of all of the tract of land for residential and allied purposes.

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          (2) The Board shall hold public hearings after proper study.

          (3) Notice and publication of the public hearings shall conform to the procedure prescribed.

          (4) In § 154.39 for hearings on changes and amendments, regard shall be had for the following
condition in determining whether to or approve or disapprove the plan:

              (a) The property adjacent to the area included in the plan will not be adversely affected;

               (b) The plan is consistent with the intent and purposes of this chapter to promote public health,
safety, morals and general welfare;

                (c) That the buildings shall be used only for single-family dwellings, multiple dwellings and the
usual accessory uses such as private or storage garage, parking spaces and for non-commercial community
activities such as libraries, schools and other similar uses; and/or

                (d) That the average lot area per family contained in the side, exclusive of the area occupied by
streets, will not be less than the lot area per family required in the district in which it is located.

           (5) If the Board of Trustees approves such a plan, building permits and certificates of occupancy
may be issued even though the use of land and the location and height of buildings to be erected in the area and
the yards and open space contemplated by the plan, do not conform in all respect to the district regulations of
the district in which it is located.
(Am. Ord. 204, passed 5-20-2003; Am. Ord. 209, passed 1-20-04)


§ 154.26 SPECIAL USES.

    (A) The Board of Trustees, by special permit and subject to protective restrictions that are deemed
necessary may authorize the location, extension or structural alteration of any of the following buildings




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or uses, or an increase in their height, in any district from which they are prohibited or limited by this chapter:

          (1) Any public building erected or leased and used by any official agency or a municipal, state or
federal government;

          (2) Hospitals, clinics and institutions, provided, however, that the buildings may occupy not over
50% of the total area of the lot or tract and will not have any serious or depreciating effect upon the value of
the surrounding property; and, provided, further, that the buildings shall be set back from all required yard lines
heretofore established by this chapter and additional distance of not less than one foot for every foot of building
height, over that required in the respective district, and that off-street parking space will be provided;

          (3) Cemeteries or mausoleums;

          (4) Greenhouses;

          (5) Nurseries or truck gardens;

         (6) Roadside stands, commercial amusement or recreational developments for temporary or
seasonal periods;

          (7) Extraction of sand, gravel, shells, top soil and other natural resources;

           (8) Parking lots on land not more than 300 feet from the boundary of any shopping, commercial or
industrial district, under such conditions as will protect the character of surrounding property;

          (9) Drive-in theaters in a C Commercial zone, or in RA Residential/Agricultural;

         (10) Radio or television broadcasting towers and stations;

        (11) Filling stations and trailer parks in RA Residential/Agricultural, or in R-MH Mobile Home
Residential; and

         (12) Public or other non profit welfare agencies.

    (B) Before issuance of any special permit for any of the above buildings or uses, the following
conditions shall be complied with:

         (1) A public hearing in relation thereto shall be held before the Board of Trustees, notice
and publication of which hearing shall conform to the procedure for hearings on changes and amendments.
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          (2) The Board of Trustees shall study the effect of the proposed building or use upon the character
of the neighborhood and upon traffic conditions, public utility facilities and other matters pertaining to the public
health, public safety or general welfare. No final actions shall be taken by the Board upon any application for a
proposed building or use until the regular meeting of the Board of Trustees, next succeeding the date of the
public hearing, unless a majority of the Board present, excluding the Mayor, shall vote in favor or against the
application.
(Ord. 204, passed 5-20-2003)


§ 154.27 OFF-STREET PARKING.

     (A) General provisions.

          (1) Location.

               (a) For single family and multiple family dwellings, required parking shall be located on the
same lot as the main building.

             (b) For all other uses, required parking shall be located on the same lot or an abutting lot.
Required parking shall not be located across the street or with an intervening property, except by conditional
use permit.

          (2) Mixed occupancies in a building. In the case of mixed uses in the building or on a lot, the total
parking requirements shall he the sum of the requirements computed for the various uses.

         (3) Joint use. Joint use of parking facilities may be authorized when the use is primarily daytime for
one use and nighttime for the other or weekdays for one applicant and weekend for the other.

        (4) Submission of plans. The plans for any proposed multiple family residential, mobile home park,
commercial or industrial parking area shall be submitted with the site plan application.

     (B) Parking spaces required.

          (1) Apartments, rooming houses: One and one-half spaces for each dwelling unit;

          (2) Automotive and machinery repair, sales or wholesaling: One space for each 600 feet of gross
sales area;

          (3) Banks, business and professional offices: One space for each 600 feet of gross floor area;

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                                                       Zoning                                                      65


          (4) Hotels, motels and bed and breakfasts: One space for each sleeping unit;

          (5) Hospital, medical and dental clinics: One space for each 600 square feet of gross floor area;

           (6) Libraries, museums, and similar non assembly cultural facilities: One space for each 600 square
feet of gross floor area;

         (7) Manufacturing: Not less than one space for each 800 square feet of gross door space plus one
space for each employee during the maximum shift;

          (8) Retail stores: One space for each 600 square feet of gross floor area;

          (9) Residences (single family dwellings): Two spaces;

         (10) Restaurants and bars: One space for each 100 feet of gross floor area;

         (11) Schools, private and public: One space for each employee and one space for each three
students of driving age;

         (12) Stadiums, sports arenas, theaters, auditoriums and other places of public assembly: One space
for each 100 square feet of gross floor area.

    (C) Parking requirements for uses not specified. Parking requirements for land uses not specified
above shall be based on the most comparable use specified herein.
(Am. Ord. 204, passed 5-20-2003; Am. Ord. 209, passed 1-20-04)




                               ADMINISTRATION AND ENFORCEMENT


§ 154.35 REQUIRED PERMITS.

      It shall be unlawful to construct, alter, remove, demolish or repair a building or any other side built
structure or to install a manufactured or modular structure within the limits of the village without first obtaining a
village building site permit and a manufactured/modular structure installation permit or state building permit
where applicable.
(Ord. 204, passed 5-20-2003)
Cross-reference:
      For provisions regarding required permits, see § 151.02
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66                                        Tularosa - Land Usage


§ 154.36 BOARD OF APPEALS.

      (A) Creation. A Board of Appeals is hereby created and established. The word Board, when used in
this chapter, shall be construed to mean the Board of Appeals. The Board shall consist of the Board of
Trustees.

      (B) Functions of the Board. The Board shall adopt rules of procedure not in conflict with any state act
or village ordinance. Meetings of the Board shall be held at the call of the Chairperson, who shall be the
Mayor. All meetings of the Board shall be open to the public. The Board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating
that fact and shall keep record of its examinations and other official actions, all of which shall be filed
immediately in the office of the Clerk of the village and shall be a public record. All testimony, objections
thereto and rulings thereon shall be taken down by a reporter employed by the person, party or agency so
desiring a record of the proceedings.

     (C) Procedure.

          (1) Appeals to the Board may be taken by any party aggrieved, or by any office, department, board
or any other agency of the village affected by any decision of Code Enforcement or Planning and Zoning
Commission. The appeal shall be taken within 15 days after the decision of the Code Enforcement or Planning
and Zoning Commission by filing with the Board and Code Enforcement or Planning and Zoning Commission a
notice of appeal specifying the grounds thereof.

          (2) The Board shall fix a reasonable time for the hearing of the appeal to be conducted in
accordance with the Battershell Guidelines no more than 30 days after notice, give public notice thereof, as
well as due notice to the interested parties and decide the same within a reasonable time. Upon the hearing,
any party may appear in person or by agent or by attorney. Nothing herein contained shall be construed to
prevent the Board of Trustees from holding any hearing at a regular meeting of the Board, provided due notice,
as herein provided is given.

     (D) Powers of Board.

         (1) The Board shall have the following powers and it shall be its duty:

              (a) To hear and decide appeals where it is alleged there is error of law in any order,
requirement, decision or determination made by the Code Enforcer or Planning and Zoning Commission;

               (b) In hearing and deciding appeals the Board shall have the power to grant an exception in the
following instances:


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                                                       Zoning                                                      67


                    1. Where the boundary line of a district divides a lot held in a single ownership at
the time of the passage of Ordinance No. 10 permit the extension of the district to include the entire lot;

                   2. Interpret the provision of this chapter in such a way as to carry out the intent and
purposes of the plan, as shown upon the map fixing the several districts, where the street layout actually on the
ground varies from the street layout as shown on the map aforesaid;

                    3.   The Board shall have the authority to grant the following variances:

                         a. Permit a variance in the yard requirements, height restrictions or lot-area-per-
family requirements of any district, but only where there are unusual and practical difficulties or unnecessary
hardships in the carrying out of their provisions due to an irregular shape of the lot, topographical or other
physical conditions, provided the variance shall not seriously effect any adjoining property or the general
welfare.

                          b. Authorize, whenever a property owner can show that a strict application of the
terms of this chapter relating to the use, construction or alteration of buildings or structures or the use of land
will impose upon and practical difficulties or particular hardships, the variance of the strict application of the
terms of the chapter as are in harmony with its general purpose and intent, but only when the Board is satisfied
that a granting of the variance will not merely serve as a convenience to the applicant, but will alleviate some
demonstrable and unusual hardship or difficulty so great as to warrant a deviation from the comprehensive plan
as established by this chapter, and at the same time, the surrounding property will be properly protected.

          (2) In consideration of all appeals and all proposes exceptions or variances under terms of the
chapter, the Board shall, before making any exceptions or variances from this chapter in a specific case, first
determine that it will not impair an adequate supply of light and air to adjacent property or unreasonably
increase the congestion in public streets, or increase the danger of fire or endanger public safety or
unreasonably diminish or impair established property values within the surrounding area or in any other respect
impair the public health, safety, comfort, morals or welfare of the inhabitants of the village.

         (3) In exercising the above mentioned powers, the Board may reverse or affirm, wholly or partly, or
modify the order requirements, decision or determination as ought to be made.

     (E) Fees. A fee of $5 shall be paid to the Village Treasurer and receipt given therefore at the time the
notice of appeal or petition for relief is filed, which sum is to be paid to the credit of the general revenue fund of
the village.
(Ord. 204, passed 5-20-2003)


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§ 154.37 CODE ENFORCER.

     (A) (1) The Office of Code Enforcer is hereby created.

          (2) The Code Enforcer shall be appointed by the Mayor with the approval of the Board of Trustees.
His or her appointment shall continue for such period as may be determined by the Board of Trustees.

     (B) It shall be the duty of the Code Enforcer to enforce this chapter. He or she shall examine all
premises for which village permits have been issued and shall see that the provisions of law are complied with.
He or she shall enforce all laws relating to location and maintenance of buildings and structures and make
investigation in connection with matters referred to in this and other chapters of the village ordinances.

    (C) The Code Enforcer is authorized to issue non-traffic citations.
(Ord. 204, passed 5-20-2003)


§ 154.38 RECENTLY ANNEXED TERRITORY

    All territory which may hereafter be annexed to the village shall be subject to all the regulations of Zone
RA Residential/Agricultural unless the Board of Trustees accepts a zoning plan with the annexation.
(Ord. 204, passed 5-20-2003)


§ 154.39 CHANGES AND AMENDMENTS.

     (A) Initiation of change and procedures.

           (1) The Board of Trustees may, from time to time, on its own motion or on petition, after public
notice and hearing, amend the regulations and zoning districts herein established. If the owners of 20% or
more of the area of the lots and land included in the area proposed to be changed by a zoning regulation or
within 100 feet, excluding public right-of-way, of the area proposed to be changed by a zoning regulation,
protest in writing a proposed change in a zoning regulation, the proposed change in zoning shall not become
effective unless the change is approved by a three-fourths vote of all the members of the Board of Trustees.

         (2) Notice of the time and place of the public hearing to be conducted in accordance with the
Battershell Guidelines shall be published, at least 15 days prior to the date of hearing, in an official paper or a
paper of general circulation, and whenever a change in zoning is proposed for an area of one
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                                                     Zoning                                                    69


block or less, notice to the public shall be mailed by certified mail, return receipt requested, to the owners, as
shown by the records of the County Assessor, or lots or land within the area proposed to be changed by a
zoning regulation, and within 100 feet, excluding public rights-of-way, of the area proposed to be changed by a
zoning regulation.

           (3) Public participation will be in accordance with the Battershell procedures. These procedures are
intended to protect the due process rights of all parties involved. Persons wishing to give testimony on any
item shall wait to be recognized, then go to the lectern, give their name and address, be sworn in and limit their
comments to three minutes. A person may speak more than once provided they avoid being repetitive.
Proponents shall speak first, followed by opponents.

    (B) Fee. A fee of $65 shall be charged for filing application for rezoning to defray publication and
administrative costs.

     (C) Application for rezoning. Where deemed necessary by the Board of Trustees, any future
application for rezoning may be approved by the Board of Trustees subject to reasonable conditions regarding
the future use of the property being rezoned. Thereafter, should the conditions not be complied with, the
Board of Trustees shall have the right to revoke the rezoning permit and restore the zoning to its original
classification; provided, however, that no revocation shall become effective until the owner of the property shall
receive a written notice to appear before the Board of Trustees within 15 days from the time of the notice and
be heard as to why such revocation should not forthwith be approved.

    (D) Two-year limitations.

         (1) Whenever a petition is filed requesting or proposing a change in an amendment of this chapter
and the petition has been finally acted upon by the Board of Trustees in accordance with the above procedure
or when the petition has received no action on the part of the Board of Trustees, or from the date of
withdrawal of the petition; provided, however, that the petition has been officially advertised.

         (2) The provisions of this section do not apply in cases when the Board of Trustees wishes to
consider a comprehensive zoning revision of an area larger than 20 acres.
(Am. Ord. 204, passed 5-14-2003; Am. Ord. 217, passed 12-20-2005)


§ 154.99 PENALTY.

     (A) Penalty. Any person or corporation who shall violate any of the provisions of this chapter or fail to
comply with any of the requirements thereof, or who shall build, alter or install any buildings or structures in
violation of the detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor
and shall be liable for a fine of not more than $500 and/or imprisonment for up to 90 days. Each day each
violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises
or part thereof, where anything in this chapter shall be placed and shall exist, and any architect, building
contractor, agent, person, or corporation employee in connection therewith

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and who may have assisted in the commission of any such violation shall be guilty of a separate offense and
upon conviction thereof shall be fined and/or imprisoned as herein provided.

      (B) Enforcement procedure. Any possible violation shall be reported to the village office and recorded
as a formal complaint. A representative of the village shall determine if a violation exists. The owner/
contractor of the project shall be notified by certified letter of the nature of the violation and what procedures
shall be taken to correct same. If no response is received within ten days or if immediate action is necessary, it
shall be the responsibility of the Mayor or his representative to enforce the ordinance.
(Ord. 204, passed 5-20-2003)




2006 S-3
    TABLE OF SPECIAL ORDINANCES

Table

        I.   FRANCHISE AGREEMENTS

        II. ANNEXATIONS

        III. AGREEMENTS




                   1
2   Tularosa - Table of Special Ordinances
           TABLE I: FRANCHISE AGREEMENTS


Ord. No.     Date Passed                Description

–            --                 Grant of cable television franchise to
                                Edward L. Wimberly and Kenneth W.
                                Newton

–            --                 Grant of cable television franchise to
                                Tularosa Cable Television

–            --                 Grant of cable television franchise to T.V.
                                Cable of Space City, Inc.

–            --                 Grant of an electric energy distribution
                                franchise to Community Public Service
                                Company

–            --                 Grant of a gas distribution franchise to
                                Southern Union Gas Company

–            --                 Grant of a telephone franchise to Mountain
                                Bell Telephone Company

96           2-16-1982          Grant of a gas distribution franchise to Gas
                                Company of New Mexico

101          3-22-1983          Grant of an electric energy distribution
                                franchise to Texas-New Mexico Power
                                Company

119          9-17-1985          Amendment; cable television franchise
                                agreement

127          10-6-1987          Grant of authority to construct, operate and
                                maintain telecommunications facilities to
                                Mountain States Telephone and Telegraph
                                Company
3
4              Tularosa - Table of Special Ordinances


    Ord. No.    Date Passed                 Description

    142         9-4-1991                    Grant of authority to construct, operate and
                                            maintain telecommunications facilities to
                                            Mountain States Telephone and Telegraph
                                            Company

    175         9-16-1997                   Grant of authority to construct, operate and
                                            maintain telecommunications facilities to
                                            Tularosa Basin Telephone Company
                        TABLE II: ANNEXATIONS


           Ord. No.   Date Passed                 Description

           108        10-28-1983          Annexation of property

           120        1-7-1986            Annexation of property

           196        9-19-2000           Annexation of 35.46 acres of land south of
                                          the village limits

           210        4-20-2004           Annexation of 258 acres, more or less,
                                          east of the present village limits, along U.S.
                                          Highway 70




2006 S-3
6   Tularosa - Table of Special Ordinances
                        TABLE III: AGREEMENTS


           Ord. No.   Date Passed                Description

           159        9-6-1994            Loan agreement between the village and
                                          the New Mexico Finance Authority

           171        6-17-1997           Loan agreement between the village and
                                          the New Mexico Environment Department

           182        5-19-1998           Lease agreement between the village and
                                          Presbyterian Medical Services for the lease
                                          of the Tularosa Medical Facility

           213        11-16-2004          Grant agreement between the village and
                                          the New Mexico Finance Authority for a
                                          new well and associated water rights

           216        10-18-2005          Lease agreement between the village and
                                          Plateau Telecommunications, Inc. for the
                                          lease of a tower site




2006 S-3
8   Tularosa - Table of Special Ordinances
         PARALLEL REFERENCES


References to New Mexico Statutes Annotated 1978
             References to 1975 Code
             References to Ordinances
1
2   Tularosa - Parallel References
REFERENCES TO NEW MEXICO STATUTES ANNOTATED 1978


New Mexico Statutes Annotated 1978   Code Section

3-11-6                               35.02
3-17-1                               10.99
3-17-6                               70.01
3-18-1                               134.16
3-19-1–3-20-16                       152.02
3-19-1 et seq.                       150.03
3-20-2                               152.32
3-20-5                               152.05
3-21A-2                              154.02
3-38-1                               110.21
3-38-3                               110.20
3-48-4                               50.03
3-48-5                               50.03
3-48-7                               50.03
22-16-6                              70.13
24-2C1-1–24-2C-6                     132.28
30-1-13                              134.02
30-3-1                               136.02
30-3-4                               136.02
30-6-1                               133.01
30-7-1                               137.01
30-7-2                               137.02
30-7-4                               137.03
30-7-8                               137.05
30-7-21                              134.05
30-7.2-1                             136.01
30-8-1                               90.01
30-8-3                               90.18
30-8-9                               90.15
30-8-12                              90.16
30-9-2                               132.70
30-9-3                               132.71
30-9-4                               132.72
30-12-1                              136.01
30-12-13                             136.01
           30-14-1       131.04
           30-14-4       131.05

                     3
2006 S-3
4                           Tularosa - Parallel References


    New Mexico Statutes Annotated 1978    Code Section

    30-15-1      131.02
    30-16-1      132.10
    30-16-5      132.13
    30-16-6      132.07
    30-16-8      132.02
    30-16-9      132.03
    30-16-10     132.06
    30-16-11     132.11
    30-16-16     132.05
    30-16-19     132.12
    30-16-20     132.12
    30-16-22     132.12
    30-16-23     132.12
    30-16-25     132.01
    30-16-26     132.01
    30-16-27     132.01
    30-16-28     132.01
    30-16-29     132.01
    30-16-32     132.01
    30-16-33     132.01
    30-16-34     132.01
    30-16-36     132.01
           30-17-1                                134.08
           30-19-1                                132.40
           30-19-3                                132.44
           30-19-5                                132.46
           30-19-6                                132.42
           30-19-7                                132.43
           30-20-1                                134.16
           30-20-10                               133.05
           30-20-12                               134.10
           30-22-1                                134.13
           30-22-2                                134.01, 134.06
           30-22-3                                134.04
           30-22-5                                134.14
           30-22-10                               134.01
           30-22-11                               134.01
           30-25-1                                134.11
           30-27-1                                134.09
           30-27-2.1                              134.07
           30-31 et seq.     132.28
           30-31-1 et seq.   132.99


2003 S-1
              References to New Mexico Statutes Annotated 1978   5


      New Mexico Statutes Annotated 1978     Code Section

       30-31-2                               132.27, 132.28
       30-31-6–30-31-9                       132.28
       30-31-26B                             132.28
       31-12-7–31-12-9                       70.18
       35-14-7                               70.18
       60-2C-1–60-2C-11                      90.21
       60-3A-3 et seq.                       132.25, 132.26
       66-1-4.16                             70.13, 70.14
       66-1-4.19                             70.15
       66-7-301                              70.04
       66-7-322                              70.16
       66-7-322.1                            70.16
66-7-332     70.16
66-7-332.1 70.16
66-7-369     70.17
66-8-102     70.18
66-8-102M 70.18
66-8-110     70.18
2006 S-3
6   Tularosa - Parallel References
            REFERENCES TO 1975 CODE


1975 Code                   2002 Code

1-1-2                       30.01
1-2-1                       31.15
1-2-2                       31.16
1-2-3                       31.17
1-2-4                       31.18
1-2-5                       31.19
1-2-6                       31.20
1-2-7                       31.21
1-2-8                       31.22
1-2-9                       31.23
1-2-10                      31.24
1-2-11                      31.25
1-2-12                      31.26
1-3-1                       33.01
1-4-1                       34.01
2-1-1                       31.01
2-1-2                       31.01
2-2-1                       31.02
2-2-2                       31.02
2-3-2                       31.03
2-3-3                       31.04
2-3-4                       31.05
3-1-31                      90.24
3-2-1                       93.06
3-2-2                       94.02
3-2-3                       94.03
4-1-1                       95.01
4-1-2                       95.30
4-1-3                       95.02
4-1-4                       95.02
4-1-5                       95.03
4-1-6                       95.04
4-1-7                       95.15, 95.16
4-1-9                       95.17
7
8               Tularosa - Parallel References


    1975 Code                         2002 Code

    4-1-11                            95.17, 95.18
    4-1-12                            95.31
    4-1-13                            95.31
    4-1-14                            95.31
    4-1-15                            95.32
    4-1-16                            95.32
    4-1-17                            95.32
    4-1-18                            95.32
    4-1-19                            95.32
    4-1-20                            95.33
    4-1-21                            95.34
    4-1-22                            95.35
    4-1-23                            95.36
    4-1-24                            95.05
    4-3-1                             90.50
    4-3-2                             90.51
    4-3-3                             90.52
    4-3-4                             90.53
    4-3-5                             90.54
    5-1-1                             113.01
    5-1-2                             113.15
    5-1-3                             113.15
    5-1-4                             113.35
    5-1-5                             113.16
    5-1-8                             113.17
    5-1-9                             113.18
    5-1-10                            113.19
    5-1-11                            113.20
    5-1-12                            113.17
    5-1-13                            113.36
    5-1-14                            113.37
    5-1-15                            113.38
    5-1-16                            113.39
    5-1-17                            113.40
    5-1-18                            113.41
    5-1-19                            113.42
    5-1-20                            113.43
    5-3-1                             110.01
    5-3-2                             110.02
2003 S-1
                       References to 1975 Code         9


           1975 Code                     2002 Code

           5-3-3                         110.03
           5-3-4                         110.04
           5-3-5                         110.05
           5-3-6                         110.06
           5-3-7                         110.07
           5-3-8                         110.08
           5-3-9                         110.09
           6-1-1                         150.06
           6-1-5                         151.05
           6-5-1                         51.01
           6-5-3                         51.02
           6-5-4                         51.03
           6-5-5                         51.03
           6-5-6                         51.04
           6-5-7                         51.05
           6-5-8                         51.05
           6-5-9                         51.06
           6-5-10                        51.07
           6-5-11                        51.08
           6-5-12                        51.05
           6-5-13                        51.09
           6-5-14                        51.04
           6-5-15                        51.10
           6-5-16                        51.25–51.30
           6-5-17                        51.40–51.44
           6-5-18                        51.11
           6-5-19                        51.11
           6-5-20                        51.11
           6-6-1                         53.01
           6-6-2                         53.02
           6-6-3                         53.03
           6-6-4                         53.04
           6-6-5                         53.05
           6-6-6                         53.06
           6-6-7                         53.07
6-6-8    53.08
6-6-9    53.09
6-6-10   53.10
6-6-11   53.11
6-6-12   53.12
6-6-13   53.13
10               Tularosa - Parallel References


     1975 Code                         2002 Code

     6-6-14                            53.14
     6-6-15                            53.15
     6-6-16                            53.16
     6-6-17                            53.17
             REFERENCES TO ORDINANCES


Ord. No.   Date Passed        Code Section

1          12-8-1956          151.03; 151.04; 151.06; 151.99
10         1-5-1959           154.24
85         7-18-1978          52.01–52.08; 52.99
86         8-1-1978           51.09
89         7-17-1979          90.01; 90.15–90.20; 90.24; 90.35–90.38;
                              90.99; 93.01–93.06; 130.01–130.04;
                              130.99; 131.01–131.05; 132.01–132.15;
                              132.25–132.27; 132.40–132.46; 132.60;
                              132.70–132.72; 132.99; 133.01–133.05;
                              134.01–134.16; 135.01; 135.02; 136.01;
                              136.02; 137.01–137.05
90         9-18-1979          90.21; 90.23; 90.24
96         2-16-1982          TSO I
101        3-22-1983          TSO I
103        7-5-1983           52.10
104        7-5-1983           151.07
106        7-19-1983          132.09
107        10-18-1983         133.04
108        10-28-1983         TSO II
112        2-7-1984           31.17
119        9-17-1985          TSO I
120        1-7-1986           TSO II
124A       8-16-1988          110.20–110.23
125        10-6-1987          31.04
127        10-6-1987          TSO I
129        8-15-1998          95.31
131        11-21-1989         52.09
133        3-20-1990          112.01–112.12
137        1-3-1991           95.02
139        3-5-1991           90.22
142        9-4-1991           TSO I
143        9-3-1991           51.13
146        5-5-1992           90.21
151        3-16-1993          32.01–32.05; 32.15–32.25; 32.35–32.37
           11
2003 S-1
12                   Tularosa - Parallel References


     Ord. No.   Date Passed                Code Section

     153        7-20-1993                  51.03
     156        11-16-1993                 50.01–50.03; 50.15–50.22; 50.35–50.38;
                                           50.50–50.63
     158        8-16-1994                  94.03
     159        9-6-1994                   TSO III
     161        5-16-1995                  153.01–153.15
     162        10-17-1995                 151.08
     163        10-17-1995                 152.01–152.06; 152.25–152.34; 152.45–
                                           152.51; 152.99
     164        10-17-1995                 111.01–111.10
     165        10-17-1995                 110.02
     166        2-20-1996                  51.06
     167        4-16-1996                  91.01–91.11; 91.99
     168        3-19-1995                  110.02
     169        8-21-1996                  152.52
     171        6-17-1997                  TSO III
     172        7-15-1997                  51.11
     173        6-17-1997                  150.01–150.06
     174        7-15-1997                  51.05
     175        9-16-1997                  TSO I
     179        2-17-1998                  51.01
     181        5-19-1998                  31.05
     182        5-19-1998                  TSO III
     183        5-19-1998                  90.01
     185        7-21-1998                  151.05
     186        8-18-1998                  133.03
     187        9-15-1998                  90.01
     188        9-15-1998                  51.01
     189        5-18-1999                  50.16
     190        8-19-1998                  152.32
     191        8-17-1999                  95.01; 95.15; 95.17
     192        8-17-1999                  92.01–92.03
     194        5-16-2000                  51.12
     196        9-19-2000                  TSO II
     197        1-16-2001                  51.01; 51.03
     198        3-20-2001                  132.28; 132.99
     199        5-15-2001                  51.04
     201        9-17-2002                  50.16
     202        10-15-2002                 70.01–70.07; 70.09; 70.17; 70.18
     203        4-15-2003                  Adopting Ordinance; 10.19;
                               154.01; 154.02




2006 S-3

                                          Tularosa - Parallel References
                                                                      13


      Ord. No.   Date Passed   Code Section

      204        5-20-2003     10.05; 30.01; 50.16; 51.01;
                               51.04; 51.06; 51.25-51.28;
                               70.02; 92.01; 93.02;
                               95.02; 110.05; 113.16; 130.99;
                               132.99; 151.02; 151.05; 151.99;
                               152.32; 152.52; 153.06;
                               154.01; 154.02; 154.15-154.27;
                               154.35-154.39; 154.99
      205        11-18-03      110.23; 152.05; 152.26; 152.30; 152.32;
                               152.33; 152.35
      207        1-20-04       35.01 - 35.05
      208        1-20-04       51.04
      209        1-20-04       154.02; 154.16; 154.17; 154.25; 154.27
      210        4-20-2004     TSO II
      211        7-20-2004     70.01–70.07; 70.09–70.12; 70.19; 70.20
      213        11-16-2004    TSO III
      214        6-14-2005     90.21
      215        8-16-2005     70.13–70.18
      216        10-18-2005    TSO III
      217        12-20-2005    30.01; 51.04; 110.02–110.05; 150.03;
                               151.05; 152.27; 152.33; 152.35; 152.48;
                               152.52; 153.02; 154.21; 154.39




2006 S-3
14   Tularosa - Parallel References
INDEX
1
2   Tularosa - Index
                                                 INDEX


ABANDONED VEHICLES
   Definitions, 93.02
   Exceptions, 93.04
   Permit, 93.05
   Prohibited acts, 93.03
   Removal of vehicles, 93.06
   Violation, 93.01

ADMISSION FEES
   Avoiding payment, 132.08
   Penalty, 132.99

AGREEMENTS, TSO III

ALARMS, FALSE; FALSE REPORTS, 134.05

ALCOHOLIC BEVERAGES
   Conditions for Possession and Sale
        Consumption or sale in public places, 113.36
        Curb service, 113.37
        Delivery for resale, 113.35
        Drinking in certain places, 113.40
        Hours of sale, 113.39
        Inspection of premises, 113.43
        Minors, 113.42
        Possession in certain premises, 113.38
        Sale to intoxicated persons, 113.41
   Definitions, 113.01
   Licensing Provisions
        Application and fees, 113.16
        License required, 113.15
        Persons prohibited from obtaining licenses, 113.18
        Revocation or suspension of licenses, 113.20
        Special licenses, 113.19
        Tax period; date of payment, 113.17
3
4                                           Tularosa - Index


ALLEYS (See SUBDIVISIONS)

ANIMALS
   Administration and Enforcement
        Animal shelter, 95.36
        Enforcement, 95.30
        Impoundment, 95.31
        Interference with police officer, 95.34
        Investigation, 95.33
        Rabies; procedure, 95.32
        Records, 95.35
   Definitions, 95.01
   Disposition of dead animals, 95.05
   Guide dogs, 95.03
   Licensing dogs; tags and collars, 95.02
   Offenses against animals
        Cruelty to animals, 135.01
        Injury to animals, 135.02
   Prohibited Activity
        Animals at large, 95.15
        Cruelty; poisoning, 95.16
        Public nuisances, 95.17
        Riding or driving animals on sidewalks, 95.18
   Restraint, 95.04

ANNEXATIONS, TSO II

ASSAULT AND BATTERY, 136.02

BARRICADES; REMOVAL, 134.12

BOARD OF APPEALS (See ZONING)

BRIBERY
   Penalty, 132.99
   Public official or employee, 132.15

BUILDING CODE (See BUILDING REGULATIONS; CONSTRUCTION)

BUILDING INSPECTOR; CODE ENFORCER (See ZONING)
                                          Index      5


BUILDING REGULATIONS; CONSTRUCTION
   Adoption of Building Code, 151.01
   Definitions, 151.03
   Excavation of public streets, 151.07
   Multiple-purpose buildings, 151.04
   Penalty, 151.99
   Permit fees, 151.05
   Remedies of village, 151.06
   Required payments, 151.02
   Temporary structures; placement, 151.08

BURGLARY
   Possession of burglary tools, 132.13
   Penalty, 132.99

BURNING (See HEALTH AND SANITATION; NUISANCES)

BUSINESS LICENSING AND REGISTRATION PROVISIONS
   Licensing Provisions; Fees
       Administration; records, 110.04
       Exhibition of license, 110.06
       Fee assessment; issuance of license, 110.05
       Fee schedule, 110.02
       License refusal; revocation, 110.03
       License regulations, 110.09
       Policy, 110.01
       Prior ordinances; application, 110.08
       Remedies, 110.07
   Registration Provisions; Fees
       Application procedure, 110.22
       Exemption, 110.21
       Imposition of fee, 110.20
       Renewal; application, 110.23

CHECKS
   Penalty, 132.99
   Worthless checks, 132.09

CIVIL DEFENSE ORGANIZATION; CREATION, 33.01
2003 S-1
6                                        Tularosa - Index


CODE OF ORDINANCES; GENERAL PROVISIONS
   Application to future ordinances, 10.03
   Captions, 10.04
   Copies of code, 10.19
   Definitions, 10.05
   Effective date of ordinances, 10.15
   Errors and omissions, 10.10
   General penalty, 10.99
   Interpretation, 10.02
      Official time, 10.11
      Ordinances repealed, 10.13
      Ordinances unaffected, 10.14
      Ordinances which amend or supplement code, 10.17
      Reasonable time, 10.12
      Reference to offices, 10.09
      Reference to other sections, 10.08
      Repeal or modification of ordinance, 10.16
      Rules of interpretation, 10.06
      Section histories; statutory references, 10.18
      Severability, 10.07
      Title of code, 10.01

COMMERCIAL SOLICITORS
    Appeals, 111.09
    Application, 111.04
    Definitions, 111.01
    Exemptions, 111.03
    Fees and duration, 111.05
    License required, 111.02
    Licenses and identification, 111.06
    Regulations generally, 111.07
    Renewals, 111.10
    Suspension or revocation of license, 111.08

CONCEALING IDENTITY, 134.04

CREDIT CARDS
   Credit cards, 132.01
   Penalty, 132.99
2003 S-1
                                                   Index        7


CRIMINAL CODE (See HEALTH AND SANITATION; NUISANCES)
   Definitions, 130.04
   Jurisdiction, 130.03
      Limitations on actions, 130.02
      Penalty, 130.99
      Short title, 130.01

CRUELTY TO ANIMALS (See ANIMALS)

DISORDERLY CONDUCT, 134.16

DOGS (See ANIMALS)

DRIVING UNDER THE INFLUENCE (See TRAFFIC; GENERAL PROVISIONS)

DRUGS AND ALCOHOL (See also TRAFFIC; GENERAL PROVISIONS)
    Drinking in public places, 132.25
    Drug paraphernalia, 132.28
    Marijuana; unlawful possession, 132.27
    Penalty, 132.99
    Selling alcohol in public places, 132.26

ELECTION PROCEEDINGS, 34.01

EMBEZZLEMENT
     Embezzlement, 132.02
     Penalty, 132.99

ESCAPE; AID AND ABET, 134.01

EVIDENCE TAMPERING, 134.14

EXTORTION
   Extortion, 132.03
   Penalty, 132.99

FAIR HOUSING
   Administration, 91.08
   Definitions, 91.02
   Discrimination in brokerage services, 91.06
   Discrimination in financing or housing, 91.05
   Discrimination in sales or rentals, 91.04
Education and conciliation, 91.09
8                                            Tularosa - Index


FAIR HOUSING (Cont'd)
      Enforcement, 91.10
      Exemption, 91.07
      Interference, coercion or intimidation, 91.11
      Penalty, 91.99
      Policy, 91.01
      Unlawful practice, 91.03

FALSE PRETENSES
     False pretenses, 132.04
     Penalty, 132.99

ELECTRIC FENCES; BARBED WIRE, 134.03

FIRE
       Improper handling, 134.08

FIREWORKS (See HEALTH AND SANITATION; NUISANCES)

FORGERY
     Forgery, 132.06
     Penalty, 132.99

FRANCHISE AGREEMENTS, TSO I

FRAUD
   Fraud, 132.07
   Penalty, 132.99

GAMBLING; RAFFLES
   Commercial gambling prohibited, 132.44
   Definitions, 132.40
   Fraudulently operating a lottery, 132.43
   Gambling and lottery prohibited, 132.41
   Gambling devices, 132.46
   Penalty, 132.99
   Permissive lottery, 132.42
   Premises; permission to gamble prohibited, 132.45

GARAGE AND YARD SALES (See PAWNBROKERS; SECOND-HAND DEALERS)
                                                    Index               9


GENERAL WATER AND SEWER PROVISIONS (See also INDUSTRIAL WASTE; WATER)
   Application for service; deposit; approval, 51.03
   Connection required; fee, 51.04
   Extension policy, 51.13
   Inspection, 51.07
   Liability for payment, 51.02
   Liens, 51.10
   Meters, 51.05
   Repairs, 51.08
   Service charges, 51.01
   Sewer Utilities; Specifications
        Installations, 51.44
        Joints, 51.43
        Manholes, 51.41
        Minimum size, 51.42
        Pipes, 51.40
   Special considerations, 51.11
   Storage of water, 51.09
   Tampering with system, 51.06
   Water Utilities; Specifications
        Fittings, 51.26
        Hydrants, 51.27
        Lines; flushing requirements, 51.29
        Mains, 51.28
        Pipes, 51.25
        Village duties; connections, lines and installation, 51.30
   Water wells, 51.12

GUIDE DOGS (See ANIMALS)

GUNS (See WEAPONS)

HEALTH AND SANITATION; NUISANCES
   Definition, 90.01
   Insects
        Declaration of public nuisance, 90.51
        Definitions, 90.50
        Destruction of larvae, 90.53
        Premises to be kept clean and free, 90.52
        Use of insecticides, 90.54
   Penalty, 90.99
10                                         Tularosa - Index


HEALTH AND SANITATION; NUISANCES (Cont'd)
   Specific Nuisances
       Abandonment of dangerous containers, 90.15
       Abandonment of shopping carts; removal, 90.20
       Accumulation of refuse, 90.18
       Attachment of items to utility poles, 90.19
       Conduct offensive to public well-being, 90.16
       Fireworks, 90.21
       Loitering, 90.24
       Obstruction on sidewalks, 90.17
       Open burning, 90.22
       Public dances, 90.23
   Weed Control
       Definitions, 90.35
       Removal by city, 90.38
       Unlawful growth or accumulation on lots, 90.36
       Unlawful growth or accumulation on tracts, 90.37

INDECENT EXPOSURE
   Indecent exposure, 132.60
   Penalty, 132.99

INDUSTRIAL WASTE
   Board judgement; handling of wastes, 53.07
   Control installation, 53.11
   Cost recovery system, 53.14
   Definitions, 53.02
   Described substances, 53.06
   Designated discharge, 53.04
   Discharge prohibited, 53.03
   House connections, 53.16
   Industrial charge, 53.15
   Liquids and wastes; prohibited discharge, 53.05
   Preliminary treatment; flow equalizing, 53.10
   Rate schedule, 53.13
   Samples, 53.12
   Sanitary sewer line and construction, 53.17
   Testing, 53.08
   Title, 53.01
   Traps provided, 53.09

INSECTS (See HEALTH AND SANITATION; NUISANCES)
                                                Index                 11


JUDICIAL ADMINISTRATION; POLICE
   Corrections, judicial education and court automation fees, 31.05
   Incarceration of convicted, 31.03
   Municipal Judge, 31.01
   Police, generally
        Assistance, 134.06
        Impersonating, 134.07
        Restricting or obstructing an officer, 134.13
   Police Reserve Corps
        Assisting regular police officers, 31.23
        Authority; Chief of Police; rules and regulations, 31.16
        Carrying firearms, 31.21
        Creation, 31.15
        Identification cards; insignia; uniform, 31.20
        Impersonating member prohibited, 31.26
        Powers and duties, 31.22
        Qualifications for membership, 31.17
        Rank or rating, 31.19
        Termination of membership, 31.25
        Training, 31.18
        Workman’s compensation benefits; indemnity insurance, 31.24
   Suspension; probation; community service, 31.04
   Temporary Municipal Judge, 31.02

LABOR MANAGEMENT RELATIONS BOARD (See PERSONNEL)

LARCENY
   Larceny, 132.10
   Penalty, 132.99

LITTERING
    Condition of violation; suspension, 92.03
    Definitions, 92.01
    Unlawful behavior, 92.02

LOITERING (See HEALTH AND SANITATION; NUISANCES)

LOTTERY (See GAMBLING; RAFFLES)

MARIJUANA (See DRUGS AND ALCOHOL)
12                                           Tularosa - Index


MINORS (See also ALCOHOLIC BEVERAGES, PAWNBROKERS; SECOND-HAND
 DEALERS)
   Offenses against or pertaining to minors
       Abandonment of child prohibited, 133.01
       Contributing to delinquency of a minor, 133.03
       Cruelty to child prohibited, 133.02
       Curfew, 133.04
       Permitting loitering by minors, 133.05

MOTOR VEHICLE (See ABANDONED VEHICLES, TRAFFIC; GENERAL PROVISIONS)

MUNICIPAL JUDGE (See JUDICIAL ADMINISTRATION; POLICE)

NOISE REGULATIONS
   Excessive noises enumerated, 94.03
   Excessive noise prohibited, 94.02
   General provisions, 94.01

NUISANCES (See HEALTH AND SANITATION; NUISANCES)

PARKING (See TRAFFIC; GENERAL PROVISIONS, ZONING)

PAWNBROKERS; SECOND-HAND DEALERS
   Bond, 112.02
   Compliance required, 112.07
   Definition, 112.09
   Evidence of ownership; prerequisite to certain transactions, 112.06
   Garage and yard sales, 112.12
   Hours of business, 112.08
   Inspection permitted, 112.11
   License required, 112.01
   Records, 112.03
   Records required, 112.10
   Reports, 112.04
   Transactions with juveniles and the like, 112.05

PERJURY, 134.11

PERSONNEL (See also JUDICIAL ADMINISTRATION; POLICE, VILLAGE GOVERNMENT;
 MAYOR AND TRUSTEES)
   Conflicts, 32.02
   Definitions, 32.03
Employee rights, 32.04
                                                   Index                              13


PERSONNEL (Cont'd)
   Employer/Employee Relations
       Appropriate bargaining units, 32.15
       Decertification, 32.18
       Elections, 32.16
       Exclusive representation, 32.17
       Judicial enforcement; standard of review, 32.25
       Negotiations; impasse resolution, 32.20
       Prohibited practices; employees, labor organization or representative, 32.22
       Prohibited practices; employers, 32.21
       Scope of bargaining, 32.19
       Strikes and lockouts, 32.23
       Valid agreements, 32.24
   Labor Management Relations Board
       Creation and terms, 32.35
       Hearing procedures, 32.37
       Powers and duties, 32.36
     Management rights, 32.05
     Purpose, 32.01

PHONE
    Malicious use of telephone, 134.10

POLICE (See also ANIMALS, JUDICIAL ADMINISTRATION; POLICE)

PRIVACY; ABUSE, 136.02

PROSECUTION
     Malicious criminal prosecution, 134.09

PROPERTY OFFENSES
     Criminal damage to property, 131.02
     Injuring or tampering with vehicles, 131.01
     Protection of ditches, 131.03
     Trespassing, 131.04
     Wrongful entry of public facility, 131.05

PROSTITUTION
     Prostitution generally, 132.70
     Patronizing prostitutes, 132.71
     Promoting prostitution, 132.72
     Penalty, 132.99
14                                            Tularosa - Index


PUBLIC LIBRARY
   Board, 35.03
   Director, 35.02
   Established, 35.01
   Property acquisition and disposal, 35.05
   Unlawful acts, 35.04

RABIES (See ANIMALS)

REFUSE (See HEALTH AND SANITATION; NUISANCES, SOLID WASTE)

SECOND-HAND DEALERS (See PAWNBROKERS; SECOND-HAND DEALERS)

SERVICES AND ACCOMMODATIONS
     Falsely obtaining services and accommodation, 132.05
     Penalty, 132.99

SEWER UTILITIES (See GENERAL WATER AND SEWER PROVISIONS; INDUSTRIAL
 WASTE)

SHOPLIFTING
     Shoplifting, 132.12
     Penalty, 132.99

SIGNS
        Banners, placards or temporary signs, 153.13
        Colors, 153.05
        Construction, 153.04
        Definitions, 153.01
        Design, 153.03
        Directional and traffic control, 153.09
        Lighting, 153.08
        Location and position, 153.07
        Maintenance, 153.10
        Neon signs, 153.14
        Non-conforming signs; removal; determining just compensation, 153.15
     Off-premise signs, 153.11
     Permit required, 153.02
     Removal of obsolete business signs, 153.12
     Size, 153.06
     Unauthorized use of vehicle signs, 134.15
2004 S-2
                                                   Index                              15


SOLID WASTE
   Collection Requirements; Receptacles
        Collection, transport and disposal, 50.21
        Compulsory solid waste collection, 50.15
        Disturbing receptacles, 50.20
        Failure to deposit refuse in proper receptacles; authority to remove, 50.17
        Failure to pay fees, 50.18
        Fee schedule, 50.16
        Placement, construction and maintenance of receptacles, 50.19
        Unauthorized dump sites, 50.22
   Definitions, 50.01
   Enforcement procedures, 50.03
   Fees, 50.02
   Franchise Agreement Regulations
        Assignment, sale, sublease or subcontract, 50.62
        Certification of state approval, 50.57
        Collection arrangements, 50.58
        Collector’s duties, 50.51
        Fees, 50.60
        Indemnification, 50.59
        Insurance coverage, 50.54
        Performance bond, 50.56
        Right to use rights-of-way, 50.53
        Service to government, 50.55
        Term and renewal, 50.52
        Termination, 50.63
        Type of franchise, 50.50
        Vehicular equipment, 50.61
   Prohibited Activity
        Burning or burying solid waste, 50.35
        Infectious waste, flammable, explosive or combustible material, 50.38
        Removal of dead animals, 50.37
        Scattering or disposal of solid waste, 50.36

SPEED LIMITS (See TRAFFIC; GENERAL PROVISIONS)

STOLEN PROPERTY
   Receiving stolen property, 132.11
   Penalty, 132.99

STREETS AND HIGHWAYS (See BUILDING REGULATIONS; CONSTRUCTION, TRAFFIC;
 GENERAL PROVISIONS, SUBDIVISIONS)




2004 S-2
16                                          Tularosa - Index


SUBDIVISIONS
   Authority, 152.02
   Definitions, 152.05
   Design Standards
        Alley location, 152.46
        Monuments, 152.51
        Public sites, 152.50
        Public sites and open spaces, 152.49
        Street and alley standards, 152.47
        Street location and arrangement, 152.45
        Utility improvements, 152.48
        Water rights, 152.52
   Interpretation, 152.04
   Jurisdiction, 152.03
   Penalty, 152.99
   Purpose, 152.01
   Subdivision Procedure; Fees
        Alternate summary approval, 152.32
        Exempted subdivision procedure, 152.35
        Final plat procedure, 152.27
        Guarantees of performance, 152.33
        Plats and data for final approval, 152.31
        Plats and data for preliminary approval, 152.30
        Pre-application, 152.25
        Preliminary plat procedure, 152.26
        Review fees, 152.28
        Security and indemnity agreement, 152.34
        Suitability of land, 152.29
   Variances and exceptions, 152.06

SWIMMING (See WATER)

SWINDLING
   Swindling, 132.14
   Penalty, 132.99

TRAFFIC; GENERAL PROVISIONS
   Administrative designation, 70.12
   Amendments; 2004 New Mexico Uniform Traffic Ordinance, 70.01
   Child passenger restraint; penalty; enforcement, 70.17
2006 S-3
                                                 Index                                               17


TRAFFIC; GENERAL PROVISIONS (Cont'd)
     Maximum penalty, 70.07
     Ordinance
             Available for inspection, 70.19
             Copies for purchase, 70.20
     Operating a motor vehicle under the influence of intoxicating liquor or drugs; penalties;
      sentencing; fees, 70.18
     Operation of vehicle on approach of authorized emergency vehicle; of oncoming vehicle - yield
      right-of-way, 70.16
     Penalty assessment misdemeanors
             Definitions; schedule of assessments, 70.02
             Option; penalty; effect, 70.03
     Permitted traffic control devices, 70.10
     Preference to vehicles upon streets, 70.09
     Prohibited signage, 70.11
     School bus, 70.13
     Speed limits, 70.04
     Stopping, standing or parking prohibited in specific places, 70.05
     Street or highway, 70.06
     Subsequent offender, 70.14
     Vehicle, 70.15

TRAILERS (See ZONING)

UNIFORM TRAFFIC ORDINANCE (See TRAFFIC; GENERAL PROVISIONS)

VILLAGE GOVERNMENT; MAYOR AND TRUSTEES, 30.01

VILLAGE PLANNING AND ZONING COMMISSION
   Building Inspector, 150.06
   Creation, 150.01
   Powers and duties, 150.03
   Removal of members, 150.05
   Rules and regulations, 150.04
   Terms of office, 150.02

WATER (See also GENERAL WATER AND SEWER PROVISIONS, SUBDIVISIONS)
  Maintenance and Protection of Supply
      Application, 52.01
      Declaration of nuisance, 52.08
      Enforcement, 52.02
      Penalty, 52.99
       Picnicking, 52.03
       Pollution, 52.05
       Running and irrigation of water, 52.10

2006 S-3
18                                          Tularosa - Index


WATER (Cont'd)
  Maintenance and Protection of Supply (Cont'd)
      Soil erosion, 52.06
      Swimming, 52.04
      Watering of livestock, 52.07
      Well and liquid waste disposal setback, 52.09

WEAPONS
  Definitions, 137.01
  Exceptions; permits, 137.04
  Negligent use, 137.03
  Unlawful carrying, 137.02
  Unlawful possession, transfer or sale, 137.05

WEEDS (See HEALTH AND SANITATION; NUISANCES)

WELLS (See GENERAL WATER AND SEWER PROVISIONS)

ZONING
   Administration and Enforcement
         Board of Appeals, 154.36
         Changes and amendments, 154.39
         Code Enforcer, 154.37
         Recently annexed territory, 154.38
         Required permits, 154.35
   Definitions, 154.02
   Districts
         C Commercial, 154.21
         D Industrial, 154.23
         HR Historical Commercial, 154.22
         R-1 Single Family Residential, 154.17
         R-2 Multiple Family Residential, 154.18
         R-MH Mobile Home Resident, 154.19
         RA Residential/Agricultural, 154.16
   Exceptions and modifications, 154.25
   General regulations, 154.15
   Nonconforming uses, 154.24
   Off-street parking, 154.27
   Penalty, 154.99
   Purpose, 154.01
   Special uses, 154.26
   Title, 154.01
2006 S-3

				
DOCUMENT INFO
Description: Real Estate Agencies in Tularosa New Mexico document sample