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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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§ 9-5-1-98 VIOLATIONS; COMPLIANCE ORDERS; FIELD CITATIONS.
   (A)   Whenever, on the basis of any information, the Mayor determines that any person has violated or is violating any requirement, or prohibition of the Air Quality Control Act, §§ 9-5-1-1 et seq., any regulation promulgated pursuant to §§ 9-5-1-1 et seq., or any condition of a permit issued pursuant thereto, the Mayor may:
      (1)   Issue a compliance order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a specified time period or assessing a civil penalty for any past or current violation, or both; or
      (2)   Commence a civil action in district court for appropriate relief, including a temporary or permanent injunction.
   (B)   Any order issued pursuant to division (A) above may include a suspension or revocation of any permit, or portion thereof, issued by the Mayor. Any penalty assessed in the order shall not exceed $15,000 per day of noncompliance for each violation.
   (C)   Any order issued pursuant to division (A) above shall become final unless, no later than 30 days after the order is served, the person named therein submits a written request to the Director for a public hearing. Upon such request, the Director shall promptly conduct a public hearing. The Director shall appoint an independent hearing officer to preside over the public hearing. The hearing officer shall make and preserve a complete record of the proceedings and forward the hearing officer's recommendation based thereon to the Director, who shall make the final decision.
   (D)   The Board may adopt a field citation program through regulations establishing appropriate minor violations for which field citations assessing civil penalties not to exceed $1,000 per day of violation may be issued by officers or employees of the Department as designated by the Mayor. The program will be implemented by the Department.
   (E)   Any person to whom a field citation is issued pursuant to division (D) above may, within a reasonable time as prescribed by regulation by the Board, elect to pay the penalty assessment or to request a hearing by the issuing agency on the field citation. If a request for hearing is not made within the time specified in the regulation, the penalty assessment in the field citation shall be final.
   (F)   Payment of a civil penalty required by a field citation issued pursuant to division (D) above shall not be a defense to further enforcement by the Department to correct a violation or to assess the maximum statutory penalty pursuant to other authorities in the Air Quality Control Act or §§ 9-5-1-1 et seq. if the violation continues.
   (G)   In determining the amount of any penalty to be assessed pursuant to this section, the Director or the individual issuing a field citation shall take into account the seriousness of the violation, any good-faith efforts to comply with the applicable requirements and other relevant factors.
   (H)   In connection with any proceeding under this section, the Director may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents and may adopt rules for discovery procedures.
   (I)   Penalties collected pursuant to an administrative order or a field citation shall be deposited in the city or the county general fund, as applicable.
('74 Code, § 6-16-13) (Ord. 65-1993)
§ 9-5-1-99 PENALTY.
   (A) Civil Penalty. Any person who violates any provision of the Air Quality Control Act, §§ 9-5-1-1 et seq., any regulation of the Board or any permit condition or emergency order adopted or issued pursuant to the Air Quality Control Act or §§ 9-5-1-1 et seq. may be assessed a civil penalty not to exceed $15,000 for each day during any portion of which a violation occurs.
   (B)   Criminal Penalties.
      (1)   Any person who knowingly commits any violation of §§ 9-5-1-1 et seq. or a regulation of the Board which is not described as a felony in Section 74-2-14.C or 74-2-14.D NMSA 1978 is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
      (2)   Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under the Air Quality Control Act or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method to be maintained under the Air Quality Control Act or §§ 9-5-1-1 et seq. or regulation adopted pursuant thereto is guilty of a petty misdemeanor and shall, upon conviction, be punished by a fine of not more than $10,000, per day for each violation, or by imprisonment for not more than six months, or by both.
('74 Code, §§ 6-16-14A; 6-16-17) (Ord. 65-1993; Am. Ord. 23-1996)
PART 2: AIR POLLUTION TRAFFIC CONTROL
§ 9-5-2-1 SHORT TITLE.
   Sections 9-5-2-1 et seq. may be cited as the "Air Pollution Traffic Control Ordinance."
('74 Code, § 6-21-1) (Ord. 11-1975)
Cross-reference:
   Traffic code, see Chapter 8
§ 9-5-2-2 DEFINITIONS.
   For the purpose of §§ 9-5-2-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DIRECTOR. The Director of the Department of Environmental Health of the city.
   EMERGENCY VEHICLE. Any motor vehicle of the Fire Department, state or local police or sheriff's department, any ambulance and any motor vehicle of any federal, state or local governmental body or any public service corporation provided that such vehicle is properly designated and operated as an emergency vehicle in accordance with applicable laws and regulations pertaining to emergency vehicles.
   ENTRANCE RAMP. A public thoroughfare on which traffic is limited to one-way traffic entering onto any interstate highway.
   EXIT RAMP. A public thoroughfare on which traffic is limited to one-way traffic exiting from any interstate highway.
   INTERSTATE HIGHWAY. Any limited access highway which is a part of the Federal Interstate Highway System.
   MAYOR. The Mayor or his designated representative.
   MOTOR VEHICLE. Any vehicle propelled by an internal combustion engine fueled by gasoline, diesel fuel, or other petroleum product.
   PUBLIC THOROUGHFARE. Any street, alley, ramp, road, or highway within the city limits constructed and maintained by any governmental body and open to the public for the operation of motor vehicles.
   WARNING LEVEL READING. A reading obtained by the Department of Environmental Health from air sampling equipment at any official monitoring site within the City which indicates either or both of the following conditions:
      (1)   A level of carbon monoxide (CO) which equals or exceeds 22 parts per million (ppm) for an eight-hour average or 50 parts per million (ppm) for a one-hour average; or
      (2)   A level of ozone (O 3) which equals or exceeds 0.4 parts per million (ppm) for a one-hour average.
('74 Code, § 6-21-2) (Ord. 11-1975)
§ 9-5-2-3 PURPOSE.
   The purpose of §§ 9-5-2-1 et seq. is to protect the public health by providing a mechanism for the reduction of motor vehicle traffic during periods of high air pollution episodes, to which motor vehicle traffic is a major contributor. Sections 9-5-2-1 et seq. serve to implement certain portions or recommendations of the Transportation Control Plan for the Albuquerque Mid-Rio Grande Air Quality Control Region, December, 1973.
('74 Code, § 6-21-3) (Ord. 11-1975)
§ 9-5-2-4 AIR POLLUTION STATUS REPORT AND TRAFFIC CONTROL RECOMMENDATION.
   (A)   Whenever a warning level reading is obtained for carbon monoxide (CO) or ozone (O3) at any air pollution monitoring site maintained within the city limits by the Department of Environmental Health and meteorological conditions are such that pollutant considerations can be expected to remain at the above levels for 12 or more hours or increase unless control actions are taken, the Director shall submit to the Mayor an Air Pollution Status Report and Traffic Control Recommendation.
   (B)   The Air Pollution Status Report and Traffic Control Recommendation shall include, but not be limited to:
      (1)   Information on current status of air pollution in the city;
      (2)   Pollution conditions expected during the next 72 hours;
      (3)   The nature of the present and expected threat to public health resulting from such present and expected conditions;
      (4)   Identification of any specific areas of the city where pollution conditions and the threat to public health are of special concern;
      (5)   A statement of the extent to which motor vehicle traffic is a contributing factor to present and expected pollution conditions;
      (6)   A statement of the extent to which traffic control measures can be expected to reduce pollution;
      (7)   Any other information relevant to the current and expected threat to public health and the relationship of traffic control measures thereto; and
      (8)   A recommendation as to specific traffic control measures to be imposed to reduce pollution in the city or within any specified area of the city.
   (C)   The Director shall confer with the Traffic Engineer and the Chief of Police in the formulation of specific traffic control measures recommended in the Air Pollution Status Report and Traffic Control Recommendation or any revision thereof.
   (D)   The Air Pollution Status Report and Traffic Control Recommendation shall be revised every 24 hours or more frequent intervals whenever the Director determines that present or expected conditions have significantly changed or any traffic control measure previously recommended or placed in effect is in need of revision.
('74 Code, § 6-21-4) (Ord. 11-1975)
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