ADOPTING ORDINANCE

ORDINANCE 112

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF ELEPHANT BUTTE, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY OF ELEPHANT BUTTE DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY.

WHEREAS, the present general and permanent ordinances of the City of Elephant Butte 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 City of Elephant Butte 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 City Council of the City of Elephant Butte has authorized a general compilation, revision and codification of the ordinances of the City of Elephant Butte 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 municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELEPHANT BUTTE:

Section 1.   The general ordinances of the City of Elephant Butte as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the City of Elephant Butte, New Mexico"

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

TITLE I: GENERAL PROVISIONS

         10.   General Provisions

TITLE III: ADMINISTRATION

         30.   Body of Government

         31.   Taxation

         32.   Civil Emergencies and Emergency Management

         33.   General Municipal Policies

TITLE V: PUBLIC WORKS

         50.   General Utilities

         51.   Sewer

TITLE VII: TRAFFIC CODE

         70.   General Provisions

TITLE IX: GENERAL REGULATIONS

         90.   General Provisions

         91.   Animals

         92.   Fireworks and Fire Prevention

         93.   Fair Housing

         94.   Outdoor Lighting

         95.   Weeds and Vegetation

         96.   Public Parks

TITLE XI: BUSINESS REGULATIONS

         110.   General Licensing Procedures

         111.   Peddlers and Solicitors

TITLE XIII: GENERAL OFFENSES

         130.   General Offenses

         131.   Offenses Against Public Order and Safety

         132.   Offenses Against Property

         133.   Offenses Against Public Morals

         134.   Offenses Pertaining to Minors

         135.   Nuisances

TITLE XV: LAND USAGE

         150.   General Provisions

         151.   Subdivisions

         152.   Signs

         153.   Flood Damage Prevention

         154.   Drainage and Erosion Control

         155.   Zoning

         156.   Economic Development Plan

TABLE OF SPECIAL ORDINANCES

         I.   Annexation

         II.   Franchises

         III.   Expenses

         IV.   Salaries

         V.   Agreements

PARALLEL REFERENCES

   References to New Mexico Statutes Annotated

   References to Ordinances

INDEX

Section 3.   All prior ordinances 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 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 Code.

Section 4.   Such Code shall be deemed published as of the day of its adoption and approval by the City Council and the City Clerk of the City of Elephant Butte is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the City Clerk.

Section 5.   Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

Section 6.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the City Council of the City of Elephant Butte on this          day of                ,
20      .

ATTEST:

                                                     
Mary Ann Dix
City of Elephant Butte
City Clerk