ALAMOGORDO CODE OF ORDINANCES - CITY OF ALAMOGORDO, NEW MEXICO

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GENERAL ORDINANCES OF THE CITY

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Adopted, February 8, 1994

Effective, February 19, 1994

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Published by Order of the City Commission

April 1994

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CURRENT OFFICIALS

of the

CITY OF

ALAMOGORDO, NEW MEXICO

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Richard Boss
Mayor-at-Large

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Jason Baldwin, Mayor Pro-Tem, District One
Nadia Sikes, District Two
Susan Payne, District Three
Josh Rardin, District Four
Alfonso "Al" Hernandez, District Five
Dusty Wright, District Six
Commission Members

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Maggie Paluch
City Manager

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Rachel Hughs
City Clerk

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Petria Schreiber
City Attorney

ORDINANCE NO. 904

AN ORDINANCE ADOPTING AND ENACTING A NEW ALAMOGORDO CODE OF ORDINANCES FOR THE CITY OF ALAMOGORDO, NEW MEXICO; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

BE IT ORDAINED by the City Commission of the City of Alamogordo, New Mexico, as follows:

Section 1. That the Alamogordo Code of Ordinances, consisting of Chapters 1 to 31, each inclusive, is hereby adopted, and enacted as the "Alamogordo Code of Ordinances of the City of Alamogordo, New Mexico," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Commission on or before December 14, 1993, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the 19th day of February, 1994, and all ordinances of a general and permanent nature of the City of Alamogordo, New Mexico, enacted by final passage on or before December 14, 1993, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the 19th day of February, 1994, except as hereinafter provided.

Section 3. That the repeal provided for in Section 2 hereof shall not affect any of the following:

(1)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code;

(2)

Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness;

(3)

Any contract or obligations assumed by the City;

(4)

Any right of franchise granted by the City;

(5)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City;

(6)

Any ordinance relating to municipal street maintenance agreements with the State of New Mexico;

(7)

Any ordinance establishing or prescribing grades for streets in the City;

(8)

Any ordinance establishing or ordinance providing for the levy of taxes or for any annual budget, not inconsistent with such Code;

(9)

Any ordinance relating to local improvements and assessments therefor;

(10)

Any ordinance annexing territory to the City or discontinuing territory as a part of the City;

(11)

Any ordinance dedicating or accepting any plat or subdivision in the City;

(12)

Ordinances or resolutions prescribing traffic regulations for specific streets or portions thereof;

(13)

Any zoning ordinance or ordinance relating to or amending the zoning map or zoning ordinance of the City;

(14)

Any ordinance levying a gross receipts tax;

(15)

Any ordinance enacted after December 14, 1993.

The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That whenever in such Code an Act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is declared to be unlawful and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not to exceed ninety (90) days, or both such fine and imprisonment, as provided in Section 1-01-100. of such Code.

Section 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Commission to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Alamogordo, New Mexico," shall be understood and intended to include such additions and amendments.

Section 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1-01-100. of such Code shall apply to the section as amended; or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty so provided in such other section, shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. A copy of such Code shall be kept on file in the office of the City Clerk preserved in loose-leaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk or the Clerk's designee, to insert in the designated place all amendments or ordinances which indicate the intention of the City Commission to make the same a part of such Code when the same has been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Commission. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. It shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of such Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Alamogordo, New Mexico, to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this Ordinance.

Section 9. The Code of Ordinances of the City of Alamogordo, New Mexico, made a part hereof, shall hereafter be received without further proof in all courts and administrative tribunals of this state as the ordinances of a general and permanent nature of this City.

Section 10. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

PASSED, APPROVED AND ADOPTED by the City Commission of the City of Alamogordo, New Mexico, on this 8th day of February, 1994.

CITY OF ALAMOGORDO, NEW MEXICO,

a New Mexico municipal corporation

By: /s/ Donald E. Carroll,

  Mayor Pro-Tem, for

  Daniel R. King, Mayor

ATTEST:

/s/ Angie J. Rahn

City Clerk

APPROVED AS TO FORM:

/s/ Rebecca W. Ehler

  City Attorney

(SEAL)

STATE OF NEW MEXICO

COUNTY OF OTERO

I, Angie J. Rahn, the duly appointed and qualified City Clerk of the City of Alamogordo, New Mexico, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance Number 904 as passed to the second and final reading by the City Commission on February 8, 1994.

IN TESTIMONY WHEREOF, witness my hand and seal of the said City of Alamogordo, New Mexico, on this the 31st day of March, 1994.

/s/ Angie J. Rahn

  City Clerk

(SEAL)