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Albuquerque Code of Ordinances
City of Albuquerque, New Mexico Code of Ordinances
ORDINANCE 27-1994
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: GOVERNMENT
CHAPTER 3: CITY EMPLOYEES
CHAPTER 4: REVENUE AND TAXATION
CHAPTER 5: CITY PROPERTY, PURCHASES AND SALES
CHAPTER 6: WATER, SEWERS AND STREETS
CHAPTER 7: TRANSPORTATION, VEHICLES AND TRAFFIC
CHAPTER 8: TRAFFIC CODE
CHAPTER 9: HEALTH, SAFETY AND SANITATION
CHAPTER 10: AMUSEMENTS, RECREATION, CULTURE
CHAPTER 11: MORALS AND CONDUCT
CHAPTER 12: CRIMINAL CODE
CHAPTER 13: BUSINESS AND OCCUPATIONS
CHAPTER 14: ZONING, PLANNING AND BUILDING
PARALLEL REFERENCES
Charter of the City of Albuquerque
Administrative Instructions
Albuquerque Table of Resolutions
Albuquerque Code of Resolutions
Integrated Development Code
Personnel Rules and Regulations
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§ 9-4-6-6 DUTIES AND RESPONSIBILITIES.
   Each Community Policing Council shall:
   (A)   Facilitate communication, collaboration, consensus-building, and cooperation between the Albuquerque Police Department and the community.
   (B)   Hold each of a quorum of Community Policing Council meeting open to the public and provide notice of the meetings by publishing agendas and minutes on a City of Albuquerque affiliated website, at a minimum. This provision does not create any obligations under the New Mexico Open Meetings Act nor does it create a cause of action for violation of this provision.
   (C)   Create its own guidelines for establishing operational processes and procedures.
   (D)   Provide advice and recommendations to the Albuquerque Police Department in areas including:
      (1)   Reviewing and assessing the propriety and effectiveness of law enforcement priorities and related community policing strategies, materials, and training;
      (2)   Reviewing and assessing concerns or recommendations about specific Albuquerque Police Department policing tactics and initiatives;
      (3)   Obtaining information from the Albuquerque Police Department and conveying feedback from the community to the Albuquerque Police Department;
      (4)   Advising the Chief of Police on recruiting a qualified, diverse workforce.
      (5)   Advising the Chief of Police on ways to collect and publicly disseminate data and information, including information about the Albuquerque Police Department's compliance with the CASA (while it is in effect) in a transparent and public-friendly format to the greatest extent allowable by law; and
      (6)   Advising the Chief of Police on support for constitutional, community policing.
   (E)   Accept recommendations and concerns relevant to the operations of the Albuquerque Police Department from recognized neighborhood associations whose area of coverage corresponds at least in part with the respective CPCs area command, and shall submit recommendations or concerns so received to the Albuquerque Police Department. Community Policing Councils shall share all responses from the Albuquerque Police Department with the neighborhood association that submitted the recommendation.
   (F)   Each Community Policing Council shall memorialize its activities and initiatives undertaken pursuant to duties and responsibilities prescribed by this section in an annual report.
§ 9-4-6-7 CITY COLLABORATION WITH, AND STAFFING OF THE COMMUNITY POLICING COUNCILS.
   (A)   Community Policing Councils are funded as part of the budget of the Civilian Police Oversight Agency. Subject to budget sufficiency and appropriation, the city shall provide sufficient funds to the Civilian Police Oversight Agency to ensure that the Community Policing Councils can fulfill their duties.
   (B)   The Albuquerque Police Department shall collaborate with the Community Policing Councils by, at a minimum:
      (1)   Regularly communicating with the Community Policing Councils and the Community Policing Council Liaison;
      (2)   Providing information and speakers for meetings of and inquiries by the Community Policing Councils;
      (3)   Reviewing, assessing, and responding to Community Policing Council recommendations within 45 days of receiving a recommendation; informing the Community Policing Council of whether the recommendation will be implemented; and providing a rationale for rejected recommendations;
      (4)   Making training available to Community Policing Council members; and
      (5)   Holding an annual meeting between the Chief of Police, Mayor and the Chair of each Community Policing Council to present their annual reports, discuss progress and concerns.
   (C)   The Civilian Police Oversight Agency shall provide staff and administrative support to the Community Policing Councils, including:
      (1)   Subject to budget sufficiency, appropriation, and city personnel policies and procedures, employing staff, including but not limited to a liaison and an administrative assistant, who are responsible for:
         (a)   Taking minutes at Community Policing Council meetings;
         (b)   Publishing Community Policing Council meeting minutes, agendas, and annual reports on the Community Policing Council website;
         (c)   Communicating with and coordinating resources for the Community Policing Councils;
         (d)   Keeping the Community Policing Councils informed of Department developments including but not limited to information related to the CASA;
         (e)   Community outreach plans; recruitment plans; and overall strategic goals and objectives;
         (f)   Providing support to Community Policing Councils for recruitment activities and recruitment planning;
         (g)   Notifying Community Policing Councils of potential recruitment opportunities;
         (h)   Helping ensure that each Community Policing Councils' selection process is fair, transparent, non-discriminatory, includes a representative cross-section of the community, and ultimately results in at least a CPC that satisfies the minimum membership and duties of §§ 9-4-6-1 et seq.; and
         (i)   Providing materials and supplies to the Community Policing Councils to support the Community Policing Councils in fulfilling their duties.
§ 9-4-6-8 GENERAL PROVISIONS.
   (A)   The provisions of the Public Boards, Commissions and Committees Ordinance, ROA 1994, §§ 2-6-1-1 through 2-6-1-6, do not apply to the Community Policing Councils established by this Part.
   (B)   No Community Policing Council shall organize, sponsor, advertise, or host any political forum, or candidates running for elected office. However, nothing in this section is intended to restrict the members of Community Policing Councils from engaging in any political activities outside the course and scope of their duties as a Community Policing Council member. No CPC member shall run for or hold elective office while serving on a CPC.
ARTICLE 5: AIR QUALITY AND
ENVIRONMENTAL HEALTH CONTROL
Section
   9-5-1-1   Short title
   9-5-1-2   Definitions
   9-5-1-3   Joint air quality control board
   9-5-1-4   Duties and powers of board
   9-5-1-5   Duties and powers of the department
   9-5-1-6   Adoption of regulations; notice and hearing
   9-5-1-7   Permits; appeals; fees
   9-5-1-8   Variances
   9-5-1-9   Judicial review; administrative actions
   9-5-1-10   Emergency powers of the director
   9-5-1-11   Confidential information
   9-5-1-12   Limitations on regulations
   9-5-1-13   Local air quality permit fund established
   9-5-1-14   Inspection
   9-5-1-15   Representation of the department, the city and the county
 
   9-5-1-98   Violations; compliance orders; field citations
   9-5-1-99   Penalty
   9-5-2-1   Short title
   9-5-2-2   Definitions
   9-5-2-3   Purpose
   9-5-2-4   Air pollution status report and traffic control recommendation
   9-5-2-5   Traffic control order
   9-5-2-6   Execution of traffic control order
 
   9-5-2-99   Penalty
   9-5-3-1   Findings
   9-5-3-2   Short title
   9-5-3-3   Definitions
   9-5-3-4   Automotive air conditioning systems
   9-5-3-5   Refrigeration units
   9-5-3-6   Industrial use of chlorofluorocarbons
 
   9-5-3-99   Penalty
   9-5-4-1   Short title and legislative intent
   9-5-4-2   Definitions
   9-5-4-3   No burn periods
   9-5-4-4   Notice required
   9-5-4-5   Exemptions
   9-5-4-6   Appeal procedures
 
   9-5-4-99   Penalty
   9-5-5-1   Short title
   9-5-5-2   Legislative findings and intent
   9-5-5-3   Definitions
   9-5-5-4   Smoking prohibited
   9-5-5-5   Smoking-permitted areas
   9-5-5-6   Prohibition of smoking near entrances, windows and ventilation systems
   9-5-5-7   Responsibilities of employers
   9-5-5-8   Posted smokefree and smoking- permitted areas
   9-5-5-9   Enforcement
   9-5-5-10   Nonretaliation; nonwaiver
 
   9-5-5-98   Violations
   9-5-5-99   Penalty
   9-5-6-1   Purpose
   9-5-6-2   Organization and membership
   9-5-6-3   Conflict of interest
PART 1: AIR QUALITY CONTROL BOARD
§ 9-5-1-1 SHORT TITLE.
   Sections 9-5-1-1 et seq. may be cited as the "Joint Air Quality Control Board Ordinance."
('74 Code, § 6-16-1) (Ord. 13-1975; Am. Ord. 65-1993)
§ 9-5-1-2 DEFINITIONS.
   As provided in the New Mexico Air Quality Control Act, Sections 74-2-1 through 74-2-17 NMSA 1978 (hereinafter referred to as the "Air Quality Control Act"), the following definitions shall apply to terms used in §§ 9-5-1-1 et seq.
   AIR CONTAMINANT. Any substance, including but not limited to any particulate matter, fly ash, dust, fumes, gas, mist, smoke, vapor, microorganisms, radioactive material, any combination thereof or any decay or reaction product thereof.
   AIR POLLUTION. The emission, except emission that occurs in nature, into the outdoor atmosphere of one or more air contaminants in quantities and of a duration that may with reasonable probability injure human health or animal or plant life or as may unreasonably interfere with the public welfare, visibility or the reasonable use of property.
   BOARD. The Albuquerque-Bernalillo County Air Quality Control Board created by §§ 9-5-1-1 et seq.
   DEPARTMENT. The administrative agency of the Albuquerque-Bernalillo County Air Quality Control Board.
   DIRECTOR. The administrative head of the Department or his or her authorized representative.
   EMISSION LIMITATION and EMISSION STANDARD. A requirement established by the Board, the Department, or pursuant to the federal Act that limits the quantity, rate or concentration, or combination thereof, of emissions of air contaminants on a continuous basis, including any requirements relating to the operation or maintenance of a source to assure continuous reduction.
   ENVIRONMENT DEPARTMENT. The Environment Department of the state.
   FEDERAL ACT. The Federal Clean Air Act, 42 U.S.C. 7401 through 7642, its subsequent amendments and successor provisions.
   FEDERAL STANDARD OF PERFORMANCE. Any standard of performance, emission limitation or emission standard adopted pursuant to 42 U.S.C. Section 7411 or 7412.
   HAZARDOUS AIR POLLUTANT. An air contaminant that has been classified as a hazardous air pollutant pursuant to the Federal Act.
   MANDATORY CLASS I AREA. Any of the following areas in the state of New Mexico that were in existence on August 7, 1977:
      (1)   National wilderness areas that exceed 5,000 acres in size; and
      (2)   National parks that exceed 6,000 acres in size.
   MAYOR. The Mayor or his or her authorized representative.
   MODIFICATION. Any physical change in, or change in the method of operation of a source that results in an increase in the Potential Emission Rate of any Regulated Air Contaminant emitted by the source or that results in the emission of any Regulated Air Contaminant not previously emitted, but does not include:
      (1)   A change in ownership of the source;
      (2)   Routine maintenance, repair or replacement;
      (3)   Installation of air pollution control equipment and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the Federal Act; or
      (4)   Unless previously limited by enforceable permit conditions:
         (a)   An increase in the production rate, if such increase does not exceed the operating design capacity of the source;
         (b)   An increase in the hours of operation; or
         (c)   Use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas.
   NONATTAINMENT AREA. For any air contaminant, an area that is designated "nonattainment" with respect to that contaminant within the meaning of Section 107(d) of the Federal Act.
   PERSON. An individual, partnership, corporation, association, the state or political subdivision of the state or any agency, department, or instrumentality of the United States and any of their officers, agents or employees.
   PLAN. Any and all parts of the state implementation plant that pertain to the county that are adopted by the Board for submittal by the Governor of the state to the federal Environmental Protection Agency pursuant to 42 U.S.C. Section 7410.
   POTENTIAL EMISSION RATE.  The emission rate of a source at its maximum capacity in the absence of air pollution control equipment that is not vital to production of the normal product of the source or to its normal operation; also defined by Board regulations as "pre-controlled" emissions.
   REGULATED AIR CONTAMINANT. Any air contaminant, the emission or ambient concentration of which is regulated pursuant to the Air Quality Control Act or the Federal Act.
   SIGNIFICANT DETERIORATION. Any increase in the ambient concentrations of any air contaminant above the levels allowed by the Federal Act or Federal regulations for that air contaminant in the area within which the increase occurs.
   SOURCE. Any structure, building, equipment, facility, installation or operation that emits or may emit any air contaminant.
   STANDARD OF PERFORMANCE. A requirement of continuous emission reduction, including any requirement relating to operation or maintenance of a source to assure continuous emission reduction.
   STATE IMPLEMENTATION PLAN. Any plan submitted by the Governor of the state of New Mexico to the federal Environmental Protection Agency pursuant to 42 U.S.C. Section 7410.
('74 Code, § 6-16-2) (Ord. 13-1975; Am. Ord. 45-1984; Am. Ord. 65-1993)
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