(A) The Mayor shall be responsible for the enforcement of this article. He may prescribe policies, rules, or regulations and vest designated city personnel with citation authority to carry out the intent and purposes of this article.
(B) Exemptions. Except as otherwise specifically provided or clearly intended in this article, the other sections of the article do not apply to the following categories:
(1) Official Vehicles. Municipal-, county-, and federally- owned vehicles; or emergency vehicles being used for patrol, surveillance, search and rescue, pursuit, construction, maintenance or other authorized purposes.
(2) Areas Designated for Vehicle Use. Such areas, trails, paths, roads, or race courses designated for vehicle use and posted as such are exempt from provisions of § 5-8-6(D) of this article but not from other provisions of this article.
(3) Alcoholic Beverages. Drinking may be permitted on certain Open Space Lands, Regional Preserves, or portions thereof, at the discretion of the Mayor and the City Council. Areas where drinking is permitted shall be posted accordingly.
(4) Weapons and Firearms. Licensed hunters transporting encased or taken-down firearms and bows only during an open season for game animals on the Sandia State Game Refuge, as set by the New Mexico State Game Commission, are exempt from the provisions of § 5-8-6(G) of this article but not from other provisions of this article.
(5) Wildlife, Plants. Collecting of plants or animals for scientific research pursuant to written authorization by the Parks and Recreation Department Director and concurrence by the State Heritage Program office.
(6) Fires and Smoking. Fire and smoking in any Open Space Lands or Regional Preserves shall be limited to developed facilities where fires and smoking is posted as allowed. Fire may be built only in developed facilities where fire is designated as allowed and only in stoves or fireplaces provided by the city or in enclosed containers for burning charcoal or liquefied petroleum gas barbeque grills used for cooking purposes that are provided by people using the facility. All fires must be attended at all times and fully extinguished by the people using the campground prior to leaving the facility. Smoking is also allowed within fully enclosed motorized vehicles, but only when such vehicle is within an area designated for use by motorized vehicles. Open Space Lands or Regional Preserves that have no developed areas shall be posted as allowing no fire or smoking, except smoking in fully enclosed motorized vehicles may be allowed. Whenever the Mayor determines that conditions are too dry to be compatible with building fires or smoking, the Mayor may eliminate the designation allowing smoking and fires. This paragraph shall not apply to the Rio Grande Valley State Park. No fires or smoking shall be allowed at any time in the Rio Grande Valley State Park.
(7) Camping. Camping pursuant to a permit and in areas designated by the Mayor. Such a permit may be obtained from the Open Space Division, Parks and Recreation Department, city. The following guidelines shall apply to permits:
(a) Permits may be issued for not more than seven days.
(b) No person may camp for more than seven days within any consecutive 30-day period.
(c) A permit may be revoked immediately if the campsite is not kept clean and sanitary, or if this article or any other law is violated, or in an emergency situation to protect public safety.
('74 Code, § 5-6-7) (Ord. 23-1980; Am. Ord. 35-1987; Am. Ord. 63-2005)