[Adopted 11-19-2013 by Ord. No. 2013-02]
The ordinances and certain resolutions of the City of Española, as codified by General Code, LLC, and consisting of Chapters 1 through 350, together with an Appendix, shall be known collectively as the "Code of the City of Española," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the City of Española to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such ordinance or resolution had been specifically amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the prior Code of Ordinances and ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the City Council of the City of Española, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
All ordinances of a general and permanent nature of the City
of Española in force on the date of the adoption of this ordinance
which are inconsistent with any provisions of the Code and not contained
herein or recognized and continued in force by reference therein are
hereby repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in § 1-4 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right
or liability established, accrued or incurred under any legislative
provision of the City of Española prior to the effective date
of this ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision of the City of Española
or any penalty, punishment or forfeiture which may result therefrom.
C.
Any prosecution,
indictment, action, suit or other proceeding pending or any judgment
rendered prior to the effective date of this ordinance brought pursuant
to any legislative provision of the City of Española.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Española.
E.
Any ordinance
of the City of Española providing for the laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place within
City of Española or any portion thereof.
F.
Any ordinance
of the City of Española appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the City of Española
or other instruments or evidence of the City's indebtedness.
G.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
H.
The levy
or imposition of taxes, special assessments or charges.
I.
The annexation
or dedication of property.
J.
Any ordinance
relating to salaries and compensation.
K.
Any ordinance
amending the Zoning Map.
L.
Any ordinance
relating to or establishing a pension plan or pension fund for City
employees.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance included in this Code
now or through supplementation shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section, article, chapter or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.
A copy of the Code has been filed in the office of the Clerk
of the City of Española and shall remain there for use and
examination by the public until final action is taken on this ordinance;
and, if this ordinance shall be adopted, such copy shall be certified
by the Clerk of the City of Española, and such certified copy
shall remain on file in the office of said Clerk, to be made available
to persons desiring to examine the same during all times while said
Code is in effect. The enactment and publication of this ordinance,
coupled with the availability of a copy of the Code for inspection
by the public, shall be deemed, held and considered to be due and
legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements
to any of the ordinances known collectively as the "Code of the City
of Española" or any new ordinances, when enacted or adopted
in such form as to indicate the intention of the City Council to be
a part thereof, shall be deemed to be incorporated into such Code
so that reference to the Code shall be understood and intended to
include such additions, deletions, amendments or supplements. Whenever
such additions, deletions, amendments or supplements to the Code shall
be enacted or adopted, they shall thereafter be published as amendments
and supplements thereto. Nothing contained in this ordinance shall
affect the status of any ordinance contained herein, and such ordinances
may be amended, deleted or changed from time to time as the City Council
deems desirable.
The City Clerk shall arrange for publication of the Code in
its entirety on the City website.
Copies of the Code, or any chapter or portion of it, may be
purchased from the City Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set by resolution of the City Council.
Any person who, without authorization from the City Clerk, changes
or amends, by additions or deletions, any part or portion of the Code
of the City of Española or who alters or tampers with such
Code in any manner whatsoever which will cause the legislation of
the City of Española to be misrepresented thereby or who violates
any other provision of this ordinance shall be guilty of an offense
and shall, upon conviction thereof, be subject to a fine of not more
than $500 or imprisonment for a term of not more than 90 days, or
both, in accordance with NMSA 1978 § 3-17-1.
In compiling and preparing the ordinances for publication as
the Code of the City of Española, no changes in the meaning
or intent of such ordinances have been made. In addition, certain
grammatical changes and other minor nonsubstantive changes were made
in one or more of said pieces of legislation. It is the intention
of the City Council that all such changes be adopted as part of the
Code as if the ordinances had been previously specifically amended
to read as such.
This ordinance shall take effect in accordance with NMSA 1978
§ 3-17-5, following public hearing and adoption by the City
Council of the City of Española.
In the event of conflict between the provisions of this Code
and other ordinances or provisions of the New Mexico Statutes, the
provision imposing the greater restriction shall prevail.
The Code of Ordinances of the City of Española, New Mexico
adopted August 21, 1979, is repealed.
