For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE. To repair, replace, remove, destroy or otherwise remedy the condition by such means and such manner and to such extent as the enforcing entity, in its judgment, shall determine is necessary in order to achieve compliance with the provisions of this chapter.
AGRICULTURAL ACTIVITIES. Activities which are agricultural in nature and which include:
(1) The plowing, tilling, planting, rotation of, growing, fertilizing, other preparation of soil for the production or harvesting of plants, crops, trees, forest products, orchard crops, livestock, poultry, captive deer or elk, or fish; the application of pesticides, herbicides, or other chemicals, compounds or substances to crops, weeds or soil in the connection with production of crops, livestock, animals, poultry or other fowl;
(2) The breeding, hatching, raising, producing, slaughtering, processing, feeding, keeping, or boarding of livestock, hogs, aquatic animals, equines (which term shall include a llama, horse, pony, mule, donkey, zonkey, zebra, hinny or other similar animal), chickens, turkeys, poultry or other fowl, cattle, sheep, goats, rabbits or similar farm animals for any lawful purposes;
(3) The production and keeping of honey bees, production of honey bee products and honey bee processing facilities;
(4) The production, processing or packaging of eggs or egg products;
(5) The manufacturing of feed for poultry or other fowl, or livestock, captive deer or elk, or fish, hogs, aquatic animals, equines, chickens, turkeys, mules, cattle, sheep, goats, rabbits or similar farm animals;
(6) Commercial agriculture activities;
(7) Recreational or educational agricultural activities including without limitation the training or teaching of any agricultural activities, and including without limitation rodeos, gymkhanas, livestock shows or auctions, or the relevant activities of participants in 4H, FFA, or other similar organizations;
(8) The application of existing, changed or new technology, practices, processes or products to an agricultural operation;
(9) The operation of a roadside market or farmer's market;
(10) Equine shows, fairs, competitions, rodeos, gymkhanas, performances or parades that involve any or all breeds of equines and any of the equine disciplines, rides, races, shows, clinics, trips, hunts or other equine occasions of any type, however informal or impromptu; and,
(11) Riding, driving, leading, or otherwise interacting with an equine.
AMBIENT NOISE. The composite of all noise from sources near and far, excluding the alleged intrusive or offensive noise source.
ANTIQUE CAR. The same meaning as an HISTORIC OR SPECIAL INTEREST VEHICLE, which means a vehicle of any age which, because of its significance, is being collected, preserved, restored or maintained by a hobbyist as a leisure pursuit. There shall be a rebuttable presumption that an inoperative and unregistered vehicle is not an antique car. The person claiming that a vehicle is an antique car has the burden of proving that the car is, in fact, an antique car.
A-WEIGHTED NOISE LEVEL. The noise level in decibels as measured on a sound level meter using the A-Weighting network. The level so read is designated in "decibels A," or "dB(A)."
COLLECTOR. The owner of one or more antique cars who collects, purchases, acquires, trades or disposes of these vehicles or parts thereof for his own use in order to preserve, restore and maintain a vehicle for hobby purposes.
CONSTRUCTION. Any site preparation, assembly, erection, substantial repair, alteration, or similar action, or related services or activities, for, of or to private property, structures, utilities, or public rights-of-way.
COST OF ABATEMENT. The total cost incurred by the county in connection with a public nuisance including but not limited to the following:
(1) Any cost incurred in removing or remedying a public nuisance;
(2) The notice and order, appeal and termination fees for administrative services rendered by the county in connection with the inspection, notification, prosecution and abatement procedures authorized by this chapter;
(a) The notice and order, appeal and termination fees will be calculated based upon services rendered from the time of the initial complaint intake for the purpose of documenting a violation of this chapter until the violation is corrected; and
(b) The notice and order, appeal and termination fees are not intended to be a penalty imposed for violation of this chapter or other laws.
(3) Any cost incurred by the county in collecting the costs enumerated in (1) and (2) above.
DECIBEL (dB). A unit for measuring the amplitude of noise, equal to 20 times the logarithm to the base of ten of the ratio of the pressure of the noise measured to the referenced pressure, which is 20 micropascals.
DEPARTMENT. The Code Enforcement Department, and its authorized representatives, including the planning and zoning manager, zoning inspectors, the emergency services personnel, the building inspector and his authorized representatives, and the animal control manager.
EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or substantial property damage that demands immediate action.
EMERGENCY WORK. Any work performed for the purpose of preventing or alleviating the physical trauma or substantial property damage threatened or caused by an emergency.
INOPERATIVE VEHICLE. Any motor vehicle which cannot be moved under its own power due to removal of, damage to, or deterioration of, or inoperative condition of any component part or the lack of an engine, transmission, wheels, tires, doors, windshield or any other component part necessary for such movement. However, this definition excludes vehicles that are antique cars or parts cars, as defined in this chapter, and which vehicles are stored in accordance with NMSA 1978, §§ 66-11-1 to 66-11-5, as amended.
INTRUSIVE NOISE. The offensive noise that exceeds the existing ambient noise at a given location.
JUNK (DEBRIS). Any inoperative vehicle, or cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out, or wrecked object, thing, or material composed in whole or part of asphalt, brick, carbon, cement, plastic, or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter, including weeds or other substance, having no substantial market value or requiring reconditioning in order to be used for its original purpose.
JUNK YARD. Any premises on which any junk is abandoned, bailed, bartered, bought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, packed, processed, scattered, shipped, sold, stored, or transported, regardless of whether or not such activity is done for a profit.
MOTOR VEHICLE. Every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from batteries or from overhead trolley wires, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks.
NOISE LEVEL. The sound pressure level as measured with a sound level meter.
NUISANCE. Notwithstanding any criteria otherwise provided by this chapter, a nuisance is an unreasonable and significant interference with another's interest in the use and enjoyment of land. The location, character and habits of the particular community within the county are to be taken into account in determining what is unreasonable and significant to an individual living in it. If persons living in the community would regard the invasion as definitely offensive, seriously annoying or intolerable, it is significant. If most persons in the locality would not be substantially annoyed or disturbed, the invasion is not significant, even though the idiosyncrasies of the particular complainant may make it unendurable to him.
OFF-ROAD VEHICLE. A motor vehicle which is to be operated or used exclusively off the roadways and highways of this state.
OWNER. Any person, association, partnership or corporation that has dominion over, controlof, or title to real property. For purposes of this section, a homeowners association which exercises management and/or control over a common area shall be deemed the owner of the area over which such control is exercised. Exercising control includes but is not limited to maintenance, ownership, easements, and/or assessing fees on property owners pursuant to agreements, deeds, or recorded documents.
PARTS CAR. A motor vehicle generally in inoperative condition which is owned by a collector to furnish parts that are usually not obtainable from normal sources, thus enabling a collector to preserve, restore and maintain a motor vehicle of historic or special interest. There shall be a rebuttable presumption that an inoperative and unregistered vehicle is not a parts car. The person claiming that a vehicle is a parts car has the burden of proving the vehicle is, in fact, a parts car.
PERSON. An individual, partnership, joint venture, corporation, association, social club, fraternal organization, trust, estate, receiver, or any other legal entity.
PERSONAL PROPERTY. Includes, but is not limited to, junk, abandoned, wrecked, or dismantled automobiles, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, rubbish and debris.
PREMISES. Any building, lot, parcel, real estate, or land or portion of land, whether improved, unimproved, occupied or unoccupied, as the case may be, including but not limited to, an area designated as a common area within a subdivision or similar project.
PROPERTY. See PREMISES.
RESPONSIBLE PERSON. Any owner, user or other person in control of a property.
SERVICE STATION. Any premises upon which the improvements are designed and built for the primary purpose of selling to or providing others with fuels for motor vehicles, whether or not providing related automotive maintenance and repair services.
SOLID WASTE. Shall have the meaning given solid waste by NMSA 1978, § 74-9-3 (N), the Solid Waste Act, as may be amended from time to time.
SOUND LEVEL METER. An instrument, including a microphone, amplifier, output meter, and frequency weighting networks for the measurement of noise levels, which satisfies the requirements, pertinent for Type 2A meters in American National Standards Institute specifications for Sound Level Meters, S1.4-1983, or the most recent revision thereof.
VISIBLE. Visually observable as is, without magnification or other modification or enhancement, by a person whose visual acuity may be presumed to be no greater than 20-20, corrected or uncorrected.
(Ord. 2005-7, passed 12-16-2005)