642 TOWN OF TAGS
ORDINANCES
YEAR: I q7 7
NUMBER: 6q2o , .
' r
ORDINANCE NO.IV
AN ORDINANCE PROHIBITING DEPOSITING OF SNOW
AND ICE IN CERTAIN PLACES AND IMPOSING PEN-
ALTIES FOR VIOLATION TIUMEOF.
BE IT ORDAINED by the governing body of the Town of Taos , New Mexico:
Section 1. Definitions. The following definitions shall apply in the
interpretation and enforcement of this ordinance:
(a) "Street" or "highway" means the entire width between the
boundary lines of every way publicly maintained when any part there-
of is open to the use of the public for purposes of vehicular travel.
(b) "Roadway" means that portion of a street or highway improved,
designed, or ordinarily used for vehicular travel, exclusive of the
shoulder.
(c) "Sidewalk" means that portion of a street between the curb
lines, or the lateral lines of a roadway, and the adjacent property
lines intended for the use of pedestrians.
(d) "Business day" is any day not a Sunday or a national holiday.
(e) The "Head of Street Department" is the head of the street
department or, in his absence, his duly designated and acting repre-
sentative.
Section 2. Depositing of snow and ice restricted. No person, part-
nership, corporation or other entity shall deposit or cause to be deposit-
ed any snow and ice on or against a fire hydrant or on any sidewalks, road-
way, street or highway except that snow and ice may be placed upon the
public roadwayway either prior to the time the city road crew plows the
same after a storm or by spreading snow and ice on the public roadway to
a depth of no more than three (3) inches so as not to create a hazardous
condition.
Section 3. Violations; Work cone, liability therefore; penalty.
(a) In the event any person, partnership, corporation, or
other entity disposes of snow and ice in a public street or high-
way other than is set-forth in Section 2 above, the head of the
street department shall, as soon as practicable, cause such work
to be done.
(b) The head of the street department shall ascertain and
keep a record of the exact cost of all work he causes to be done
in accordance with this section on account of each act or omission
of each person, partnerhip, corporation or other entity; and he
shall identify these persons or entities with particularity.
(c) Each person, partnership, corporation or other entity
whose act or omission makes it necessary that the head of the
street department cause work to be done in accordance with this
i section shall be liable to the city for the cost of such work
plus a penalty of ten percent (10%) of such cost. It shall be
the duty of the head of the street department to sue for these
costs and penalties, and it shall be the duty of the city
attorney to assist in the bringing of these suits.
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Section 4, Penalties. Any person., partnership,, corporation or other
entity who violates any provision of this ordinance shall be deemed guilty
of a petty misdemeanor and upon conviction thereof shall be fined in an
amount not exceeding one hundred dollars ($100.00). Each day such viola-
tion is committed or permitted to continue, shall constitute a separate
offense and shall be punishable as such hereunder.
Section 5. Sepexability. If any section, subsection, sentence, clause,
phrase, or portion of this ordinance is for any reason held invalid or un-
constitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Section 6. Ordinances repealed. All ordinances or parts of ordinances
in conflict with the provisions of this Ordinance are hereby repealed.
PASSED, ADOPTED, AND APPROVED THIS 11th DAY OF February , 19 77 .
ZI
ATTEST
TOWN CLERIC
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