Legal Committee

AGENDA LEGAL COMMITTEE MEETING Thursday, March 30, 2017 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on February 23, 2017. p. 3 REGULAR ITEMS 1. To recommend to full Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: p. 5 (A) Consider approval to authorize Old Dog Brotherhood, Roswell Chapter, to renew their current lease agreement on Building No. 734. p. 7 (B) Consider approval to authorize Cliff Waide, an individual, to renew his current lease agreement on “T” Hangar Building No. 120, Space 4. p. 8 (C) Consider approval to authorize AerSale, Inc., a Florida Corporation, to amend their current lease agreement on Building No. 115 to allow for rent abatement in accordance with RIAC Rent Abatement Policy. p. 9 (D) Consider approval to authorize Sidney Gutierrez Middle School to exercise the first of two five year options for leased property at RIAC. p. 22 2. Consider recommendation to full council of revised Proposed Ordinance 17-10, permitting poultry within city limits, to authorize advertisement of a public hearing on same. p. 23 NON ACTION ITEMS 3. Discussion of amendment to Roswell City Code to permit off-highway vehicles to operate on paved city streets. p. 26 4. Update on agenda and activity for Planning and Zoning Commission. PUBLIC PARTICIPATION ADJOURN -1- Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15- 4 NMSA 1978 and Resolution 16-69. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: Monday, March 27, 2017 -2- Regular Meeting of the Legal Committee Held in the Conference Room at City Hall February 23, 2017 Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 16-69. ROLL CALL The meeting convened at 4:00 p.m. with Chairman Perry presiding and Councilors Oropesa, Foster and Best being present. Staff present: Bill Morris, Aaron Holloman, Louis Najar, Mike Mathews, Jim Burress, Thomas Moody and Scott Stark. Guests present: Lisa Dunlap, David Kim and Charlie Lambert. APPROVAL OF AGENDA Councilor Oropesa moved to approve the February 23, 2017 Legal Committee meeting agenda. Councilor Foster was the second. A voice vote was unanimous and the motion passed. APPROVAL OF MINUTES Councilor Foster moved to approve the minutes from the January 26, 2017 regular Legal Committee meetings. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed. REGULAR ITEMS To recommend to full City Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: (A) Consider approval to authorize Thurston Woods, an individual, to renew his current lease agreement on a portion of Building No. 1776. Mr. Stark discussed the lease agreement. Thurston Woods leases the building for the purposed of storage of personal items. The building is 1,798 square feet. New rent amount is $172 monthly; $2,064 annually. The term is from April 1, 2017 through March 31, 2018. Thurston Woods has been a customer since April 2010. Councilor Oropesa moved to send on consent agenda approval to authorize Thurston Woods to renew the current lease agreement on a portion of Building No. 1776, subject to all terms and conditions. Councilor Foster was the second. A voice vote was unanimous and the motion passed. (B) Consider approval to authorize Zachary Canright and Jared Putman, as individuals, to renew their current lease agreement on “T” Hangar Building No. 120, Space 3. Mr. Stark discussed the lease agreement. Zachary Canright and Jared Putman lease the building for the purpose of aircraft storage and maintenance. The building is 1,002 square feet. New rent amount is $178 monthly; $2,136 annually. The term is from April 1, 2017 through March 31, 2018. Zachary Canright and Jared Putman have been customers since March 2009. Councilor Oropesa moved to send on consent agenda approval to authorize Zachary Canright and Jared Putman to renew the current lease agreement on “T” Hangar Building No. 120, Space 3, subject to all terms and conditions. Councilor Foster was the second. A voice vote was unanimous and the motion passed. (C) Consider approval to authorize Zen Sportz, Inc., a New Mexico Corporation, to renew their current lease agreement on office space Building No. 1, the Terminal. Mr. Stark discussed the lease agreement. Zen Sportz, Inc., leases the office space for the purpose of a business office. -3-  The space is 100 square feet. New rent amount is $106 monthly; $1,272 annually. The term is from April 1, 2017 through March 31, 2018. Zen Sportz, Inc., have been a customer since February 2015. Councilor Oropesa moved to send on consent agenda approval to authorize Zen Sportz, Inc., to renew the current lease agreement on office space Building No. 1, the Terminal, subject to all terms and conditions. Councilor Foster was the second. A voice vote was unanimous and the motion passed. (D) Consider approval to authorize SCEYE SARL, a new lease agreement on Building No. 1670 and a parcel of land. Mr. Stark discussed the new lease agreement. Mr. Lambert and Dr. Kim gave a presentation explaining SCEYE LLC., and the proposed projects. SCEYE SARL, would lease Building No. 1670 and a parcel of land for the purposed of research and development of lighter than air vehicles. The building is 4,947 square feet and the parcel 75,000 square feet respectfully. Rent amount is $560 monthly; $6,720 annually. The term is from April 1, 2017 through March 31, 2022. Councilor Foster moved to send on consent agenda approval to authorize SCEYE SARL, a new lease agreement on Building No. 1670 and a parcel of land, as amended and subject to all terms and conditions. Councilor Best was the second. A voice vote was unanimous and the motion passed. Consider sending to full City Council for approval the agreement between City and Roebuck Entertainment relating to structures at Spring River Park. Mr. Holloman discussed the agreement stating that since the Christmas Railway event in December 2016, several structures erected for the event have been left on City Property. The two parties are seeking to enter into an agreement to formalize that arrangement and plan for contingencies. A representative for Roebuck Entertainment was not present therefore committee members made no motion. NON-ACTION ITEMS Discussion and update of condition of Millennium Transit Services facilities located at RIAC and City options for remediation of any existing issues. Mr. Stark discussed the condition of Millennium Transit Services stating that the facility has leased property from the City since 1980 to construct a bus manufacturing plant. There has recently been some damage to the facility. According to Mr. Stark, Mr. Stout from Millennium Transit Services, has reported that they have begun making repairs. Mr. Stark has seen work at the building and believes the damage is only to the roof of the building and not any underlining structures. At this time the City is exploring additional options related to the needed repairs. Discussion of amendment to Roswell City Sec. 4-13 to allow chickens to be kept in city limits. Councilor Perry opened discussion. Currently, chickens and other egg-laying fowl are prohibited from being kept in city limits. Mr. Holloman explained that the City Code could be amended to permit keeping a small number of female fowl subject to certain conditions related to cleanliness and safety. Discussion of amendment to Roswell City Code to permit off-highway vehicles to operate on paved city streets. Mr. Holloman discussed the item stating that currently, off-highway vehicles are not permitted to operate on City streets. Several municipalities have followed the state’s lead in permitting these vehicles to be operated on municipal roadways subject to certain limitation. PUBLIC PARTICIPATION NONE ADJOURN Meeting adjourned at 5:23 p.m. -4-  ROSWELL NEW MEXICO Legal Committee Thursday, March 30, 2017 at 4:00 p.m. City Hall Conference Room 425 N. Richardson – Roswell, NM 88201 ACTION REQUESTED: Consider approval to authorize Old Dog Brotherhood, Roswell Chapter, to renew their current lease agreement on Building No. 734. Consider approval to authorize Cliff Waide, an individual, to renew his current lease agreement on “T” Hangar Building No. 120, Space 4. Consider approval to authorize AerSale, Inc., a Florida Corporation, to amend their current lease agreement on Building No. 115 to allow for rent abatement in accordance with RIAC Rent Abatement Policy. Consider approval to authorize Sidney Gutierrez Middle School to exercise the first of two five year options for leased property at RIAC. BACKGROUND: Old Dog Brotherhood, Roswell Chapter leases the building for the purpose of meetings and vehicle maintenance. 2,484 square feet. New rent amount is $221 monthly; $2,652 annually. Rent adjustment is 2.79%. Old Dog Brotherhood, Roswell Chapter has been a customer since April 2011. Cliff Waide leases the building for the purpose of aircraft storage and maintenance. 1,175 square feet. New rent amount is $185 monthly; $2,220 annually. Rent adjustment is 3.35%. Cliff Waide has been a customer since January 2013. AerSale, Inc., is requesting rent abatement in an amount not to exceed $6,918.44 for replacement of 2 overhead doors, 2 electric operators with photo eyes, and control stations on Building No. 115. Sidney Gutierrez Middle School is requesting to exercise the first of two five year options on Building No. 524. New rent amount $2,907 monthly; $34,884 annually on the first year of the -5-  new term. New lease term: July 1, 2017 through June 30, 2022. FINANCIAL CONSIDERATION: Old Dog Brotherhood, Roswell Chapter leases the building for the purpose of meetings and vehicle maintenance. 2,484 square feet. New rent amount is $221 monthly; $2,652 annually. Rent adjustment is 2.79%. Term: May 1, 2017 through April 30, 2018. Cliff Waide leases the building for the purpose of aircraft storage and maintenance. 1,175 square feet. New rent amount is $185 monthly; $2,220 annually. Rent adjustment is 3.35%. Term: May 1, 2017 through April 30, 2018. AerSale, Inc., - Rent Abatement in the amount of $6,918.44. Sidney Gutierrez Middle School is requesting to exercise the first of two five year options on Building No. 524. New rent amount $2,907 monthly; $34,884 annually on the first year of the new term. New lease term: July 1, 2017 through June 30, 2022. LEGAL REVIEW: The City Attorney has reviewed the leases and addendums. BOARD / COMMITTEE ACTION: The legal committee is scheduled to meet on March 30, 2017. STAFF RECOMMENDATION: Consider approval of leases and addendums as presented. -6- THIS LEASE executed in Roswell, New Mexico on this 13th day of April, 2017 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and OLD DOG BROTHERHOOD, Roswell Chapter, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Building No. 734 consisting of 2,484 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on May 1, 2017 and ending April 30, 2018 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Six Hundred Fifty Two Dollars and No Cents ($2,652.00), payable in 12 monthly installments of $221.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $100.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to -7- THIS LEASE executed in Roswell, New Mexico on this 13th day of April, 2017 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and CLIFF WAIDE, an individual, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Building No. 120 space 4 consisting of 1175 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on May 1, 2017 and ending April 30, 2018 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Two Hundred Twenty Dollars and No Cents ($2,220.00), payable in 12 monthly installments of $185.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $164.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition Aas is@. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to -8-  THE CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter "Landlord" and AERSALE, INC. a Florida Corporation, hereinafter "Tenant" hereby agree to the following amendment to that certain Lease Agreement dated August 6, 2015 for part of Building No. 115, ”the Lease”. WHEREAS, Tenant desires to make improvements to the premises which benefit Landlord; and WHEREAS, Tenant is requesting rent abatement in accordance with RIAC Rent Abatement Policy; NOW THEREFORE, Landlord and Tenant (each “Party” and both collectively the “Parties”) agree as follows: 1. Rent abatement not to exceed $6,918.44 shall be given for replacement of 2 overhead doors and 2 electric operators with photo eyes and control stations in accordance with RIAC Rent Abatement Policy, provided the said improvements for which rent abatement is sought as part of this addendum shall be completed no later than June 30, 2017. 2. Rent abatement will be abated in full after verification that the work has been completed as evidenced by receipts and visual inspection. 3. Except as amended herein, the original Lease shall continue without change, and in full force and effect as originally executed. IN WITNESS WHEREOF, this First Addendum to Lease Agreement is done and executed in Roswell, New Mexico this ________ day of April, 2017. CITY SEAL LANDLORD: CITY OF ROSWELL, NEW MEXICO ______________________ Dennis J. Kintigh, Mayor ______________________ Sharon Coll City Clerk TENANT: AERSALE, INC. ______________________ Ron Wolf, Vice President -9- -10- -11- -12- -13- -14- -15- -16- -17- -18- -19- -20- -21-  THE CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter called "Landlord" and SIDNEY GUTIERREZ MIDDLE SCHOOL hereinafter “Tenant”, hereby agree to the following amendment to that certain Lease Agreement dated March 8, 2012. Effective with Council approval April 13, 2017: Tenant wishes to exercise the first of two five year options for leased property at Roswell International Air Center. Lease term shall be July 1, 2017 through June 30, 2022. Tenant agrees to pay to Landlord as rent the sum of Thirty Four Thousand, Eight Hundred Eighty Four Dollars and No Cents ($34,884.00), payable in 12 monthly installments of $2,907.00 the first year of the new term. Except as amended herein, the Lease and Addenda shall continue without change, except as modified above, and in full force and effect as originally executed. IN WITNESS WHEREOF, this FIRST Addendum to Lease Agreement is done and executed in Roswell, New Mexico this ______ day of April 13, 2017. CITY SEAL LANDLORD: CITY OF ROSWELL, NEW MEXICO ______________________ Dennis J. Kintigh, Mayor ______________________ Sharon Coll, City Clerk TENANT: SIDNEY GUTIERREZ MIDDLE SCHOOL ______________________ President Governing Council -22-  ROSWELL NEW MEXICO Legal Committee Thursday, March 30, 2017 at 4:00 p.m. City Hall Conference Room 425 N. Richardson – Roswell, NM 88201 ACTION REQUESTED: Consider recommendation to full council of revised Proposed Ordinance 17-10, permitting poultry within city limits, to authorize advertisement of a public hearing on same. BACKGROUND: Currently, chickens and other egg-laying fowl are prohibited from being kept in city limits. The City Code could be amended to permit keeping a small number of female fowl (i.e. no roosters) subject to certain conditions related to cleanliness and safety. The ordinance as drafted provides for a limit on the number of fowl based on lot sizes, and relies on other sections to address questions of animal cruelty and animal nuisance. FINANCIAL CONSIDERATION: Not applicable at this time. LEGAL REVIEW: Not applicable. BOARD and/or COMMITTEE ACTION: Not applicable. STAFF RECOMMENDATION: Consider recommendation to full council of revised Proposed Ordinance 17-10, permitting poultry within city limits, to authorize advertisement of a public hearing on same. Attachment 1: Proposed Ordinance 17-10. -23-  PROPOSED ORDINANCE 17-10 AN ORDINANCE PERMITTING POULTRY WITHIN CITY LIMITS Whereas, the governing body sees a benefit to allowing poultry to be raised within city limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: SECTION 1. The Roswell City Code will be amended to include a new Sec. 4-16 to read as follows: 1. The following terms as used in Sec. 4-16 are defined as follows: a. “Poultry” means b. “Acceptable Poultry” means 2. Poultry may be kept in all zoning districts pursuant to the following limitations. a. Four females (hen (chicken), hen (turkey), duck, or goose) may be kept on any lot within the city. b. In lots having an area of at least one-half (½) acre but less than one (1) acre, ten (10) females (hen (chicken), hen (turkey), duck, or goose) may be kept. c. In lots of one acre or larger, twenty-five females (hen (chicken), hen (turkey), duck, or goose) may be kept per acre. 3. No rooster or male chickens mature enough to crow or otherwise disturb the peace shall be kept within the city. 4. Poultry permitted by this chapter shall be housed in outdoor species-appropriate housing. 5. Secure enclosures which protect the poultry from predators and allow for species specific behaviors including but not limited to roosting, scratching, dusting, and nesting, are required and shall be constructed prior to acquisition of the poultry. Roosting areas shall provide no less than two (2) square feet per bird. The enclosure shall provide adequate shade and must be located at least ten (10) feet from any other structure and at least five (5) feet from any lot line. 6. Poultry shall be provided with constant access to potable water in sufficient amount as to maintain good health. 7. Nothing in this section shall be construed as to limit liability that may arise under Section 4-1 of the Roswell City Code as it relates to the care of poultry permitted under this section. 8. Nothing in this section shall be construed as permitting the keeping of poultry in numbers that constitute an animal nuisance as prohibited by Section 4-38 of the Roswell City Code as applicable. SECTION 2. Section 4-13 of the Roswell City Code is amended as follows: The keeping, harboring, confining or maintaining of any animals classified as livestock or fowl, except as permitted under Sec. 4-16, within the city is hereby declared to be a nuisance and unlawful, except in areas classified as Rural-Suburban (R-S) under the zoning ordinance. Exception: Rabbits may be kept within those areas that are zoned R-1, R-2, R-3 providing there are no more than three rabbits, which must be of the same sex, and are permanently housed in cage that prevents their -24- escape. The residence where the rabbits are housed is subject to applicable provisions of the Roswell Municipal  Code chapter 4 and specifically: (1) No person shall offer this animal as a prize, award, novelty, or incentive. (2) It shall be unlawful for anyone to willfully allow rabbits to run at large upon their premises or within the city limits. (3) Cages or secure enclosures shall be located ten feet from the nearest property line, and must also conform to zoning and building requirements. (4) All housing, pens, cages or facilities shall be structurally sound, maintained in good repair, adequately spaced, weatherproof, ventilated, sufficiently shaded, easy to be kept clean, sanitary and of nontoxic materials. (5) Animals shall be provided with clean, fresh, and sufficient amount of water, wholesome and adequate food. (6) This exception applies only to domesticated rabbits and excludes all other rabbits commonly referred to as wild rabbits (i.e., Cottontail rabbits and jackrabbits). SECTION 3. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed to the extent of such inconsistency. This repealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. SECTION 4. If any section, paragraph, clause or provisions of this ordinance for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any other part of this ordinance. SECTION 5. This ordinance shall be effective after five (5) days following its publication as required by law. PASSED, ADOPTED, SIGNED and APPROVED the ___ day of May, 2017. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST:______________________ Sharon Coll, City Clerk Underscoring indicates addition to existing Code section. Strike through indicates delete of an existing Code section. -25-  ROSWELL NEW MEXICO Legal Committee Thursday, March 30, 2017 at 4:00 p.m. City Hall Conference Room 425 N. Richardson – Roswell, NM 88201 ACTION REQUESTED: Discussion of amendment to Roswell City Code to permit off-highway vehicles to operate on paved city streets. BACKGROUND: Currently, off-highway vehicles are not permitted to operate on City streets. Several other municipalities have followed the state’s lead in permitting these vehicles to be operated on municipal roadways subject to certain limitations. FINANCIAL CONSIDERATION: Not applicable at this time. LEGAL REVIEW: Not applicable. BOARD and/or COMMITTEE ACTION: Not applicable. STAFF RECOMMENDATION: Discussion of amendment to Roswell City Code to permit off-highway vehicles to operate on paved city streets. Attachment 1: Farmington City Code Secs. 25-3-136 to -140 Attachment 2: NMSA 1978, § 66-3-1011 -26-  CITY OF FARMINGTON CODE OF ORDINANCES DIVISION 5. - OFF-HIGHWAY MOTOR VEHICLES Sec. 25-3-136. - Definitions. As used in this division, the following definitions shall apply: Off-highway motor vehicle means a motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes: (1) "Recreational off-highway vehicle", which means a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having: a. A steering wheel for steering control; b. Non-straddle seating; c. Maximum speed capability greater than 35 miles per hour; d. Gross vehicle weight rating no greater than 1,750 pounds; e. Less than 80 inches in overall width, exclusive of accessories; f. Engine displacement of less than 1,000 cubic centimeters; and g. Identification by means of a 17-character vehicle identification number; or (2) By rule of the state department of game and fish, any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes. (Ord. No. 2016-1286 , § 1, 5-10-16) Sec. 25-3-137. - Operation on streets or highways — prohibited areas. (a) A person shall not operate an off-highway motor vehicle on any: (1) Limited access highway or freeway at any time; (2) Paved street or highway except as provided in Subsection B or C of this section; (3) Walking trails; or (4) City parks. (b) Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off- highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible. (c) A recreational off-highway vehicle may be operated on a paved street owned and controlled by the city if: (1) The vehicle has one or more headlights and one or more taillights that comply with the Off- Highway Motor Vehicle Act, Sec. 66-3-1001 through 66-3-1021, NMSA 1978; -27-  (2) The vehicle has brakes, side mirrors on the right and left side of the driver, turn signals, horn, speedometer illuminated for nighttime operation and mufflers; (3) The operator has a valid driver's license, instruction permit or provisional license and an off- highway motor vehicle safety permit; (4) The operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act, Sec. 66-5-201 through 66-5-248, NMSA 1978; and (5) A person shall not operate an off-highway motor vehicle or ride upon an off-highway motor vehicle without wearing eye protection and a safety helmet that comply with the Off-Highway Motor Vehicle Act. (Ord. No. 2016-1286 , § 1, 5-10-16) Sec. 25-3-138. - Speed limit. The speed limit for recreational off-highway vehicles operated within the city shall be 45 miles per hour or the posted speed limit, whichever is less. A recreational off-highway vehicle traveling on a paved street shall travel at a speed that complies with the Off-Highway Motor Vehicle Act. (Ord. No. 2016-1286 , § 1, 5-10-16) Sec. 25-3-139. - Passengers. A person operating a recreational off-highway vehicle shall ride only upon the permanent and regular seat attached thereto and such operator shall not carry any other person nor shall any other person ride on a recreational off-highway vehicle unless such vehicle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat, if designed for two persons, or upon another seat firmly attached to the recreational off-highway vehicle at the rear of the operator. (Ord. No. 2016-1286 , § 1, 5-10-16) Sec. 25-3-140. - Obedience to traffic laws required. Any person operating an off-highway motor vehicle shall obey all traffic laws, rules and regulations and shall be subject to the provisions of Articles 1 through 8 of Chapter 66 NMSA 1978 [except 66-7-102.1 NMSA 1978]. (Ord. No. 2016-1286 , § 1, 5-10-16) -28-  West’s New Mexico Statutes Annotated Chapter 66. Motor Vehicles Article 3. Registration Laws; Security Interests; Anti-Theft Provisions; Bicycles; Equipment; Unsafe Vehicles; off-Highway Motor Vehicles; Other Vehicles (Refs & Annos) Part 11. Off-Highway Motor Vehicles N. M. S. A. 1978, § 66-3-1011 § 66-3-1011. Operation on streets or highways; prohibited areas Effective: May 18, 2016 Currentness A. A person shall not operate an off-highway motor vehicle on any: (1) limited access highway or freeway at any time; or (2) paved street or highway except as provided in Subsection B, C or D of this section. B. Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible. C. If authorized by ordinance or resolution of a local authority or the state transportation commission, a recreational off-highway vehicle or an all-terrain vehicle may be operated on a paved street or highway owned and controlled by the authorizing entity if: (1) the vehicle has one or more headlights and one or more taillights that comply with the Off-Highway Motor Vehicle Act; (2) the vehicle has brakes, mirrors and mufflers; (3) the operator has a valid driver’s license, instruction permit or provisional license and an off-highway motor vehicle safety permit; -29-  (4) the operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act; and (5) the operator of the vehicle is wearing eye protection and a safety helmet that comply with the Off-Highway Motor Vehicle Act. D. By ordinance or resolution, a local authority or state transportation commission may establish separate speed limits and operating restrictions for off-highway vehicles where they are authorized to operate on paved streets or highways pursuant to Subsection C of this section. E. A person shall not operate an off-highway motor vehicle on state game commission-owned, -controlled or -administered land except as specifically allowed pursuant to Chapter 17, Article 6 NMSA 1978. F. A person shall not operate an off-highway motor vehicle on land owned, controlled or administered by the state parks division of the energy, minerals and natural resources department, pursuant to Chapter 16, Article 2 NMSA 1978, except in areas designated by and permitted by rules adopted by the secretary of energy, minerals and natural resources. G. Unless authorized, a person shall not: (1) remove, deface or destroy any official sign installed by a state, federal, local or private land management agency; or (2) install any off-highway motor vehicle-related sign. Credits L. 1975, Ch. 240, § 11; L. 1978, Ch. 35, § 207; L. 1985, Ch. 189, § 11; L. 2005, Ch. 325, § 14, eff. Jan. 1, 2006; L. 2009, Ch. 53, § 7, eff. April 1, 2009; L. 2016, Ch. 91, § 1, eff. May 18, 2016. Formerly 1953 Comp., § 64-42-11; 1953 Comp., § 64-3-1011. NMSA 1978, § 66-3-1011, NM ST § 66-3-1011 Current including emergency Ch. 3, of the 1st Regular Session of the 53rd Legislature (2017) End of Document © 2017 Thomson Reuters. No claim to original U.S. Government Works. -30-