City of Albuquerque - File #: O-22-31

• File #: O-22-31
• Type: Ordinance
• Status: Enacted
• File created: 6/6/2022
• In control: City Council
• Final action: 8/1/2022
• Enactment date: 8/12/2022
• Enactment #: O-2022-031
• Title: Adding A New Section To The Criminal Code (Chapter 12, Article 2, ROA 1994) To Prohibit The Unauthorized Presence And Camping In Water Conveyance Systems. (Fiebelkorn)
• Sponsors: Tammy Fiebelkorn

Date	Action By	Action	Result
8/12/2022	City Clerk	Published
8/12/2022	Mayor	Not Signed by the Mayor
8/4/2022	City Council	Sent to Mayor for Signature
8/1/2022	City Council	Passed	Pass
8/1/2022	City Council	Postponed	Fail
6/22/2022	City Council	Accepted with a recommendation Do Pass, As Amended
6/14/2022	Public Safety Committee	Sent to Council with a recommendation of Do Pass, as Amended	Pass
6/14/2022	Public Safety Committee	Amended	Pass
6/6/2022	City Council	Introduced and Referred
6/6/2022	President	Referred

CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL


COUNCIL BILL NO. O-22-31 ENACTMENT NO. ____________________

SPONSORED BY: Tammy Fiebelkorn


ORDINANCE
title
Adding A New Section To The Criminal Code (Chapter 12, Article 2, ROA 1994) To Prohibit The Unauthorized Presence And Camping In Water Conveyance Systems. (Fiebelkorn)
body
WHEREAS, fast moving waters presents a public safety hazard that is mitigated through a combination of strategies, the foremost of which, is the development of water conveyance systems, such as arroyos, engineered channels, ditches,storm drains and piping that collect and transport waters; and
WHEREAS, these conveyance systems are subject to periods of fast flowing water that have the hydraulic power to overwhelm and carry away persons or objects that are present in the conveyance systems when the water flows occur; and
WHEREAS, in recent years, within the City of Albuquerque, persons have been loitering and camping in these conveyance systems, and annually, a number of these persons are swept away and drowned in these waters. Their presence has also impeded the ability of agencies to maintain these facilities in safe working conditions; and
WHEREAS, to provide for public safety there is subsequently a need to restrict access to these conveyance systems to only those persons with official business.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. A new Section 12-2-30 is hereby added to the Criminal Code, Chapter 12, Article 2 of the Revised Ordinances of Albuquerque, 1994, as follows:
"[?12-2-30 UNAUTHORIZED PRESENCE AND CAMPING IN DRAINAGE CHANNELS, ARROYOS AND IRRIGATION CHANNELS.
(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Arroyo. A natural or naturalistic water course formed by the action of fast-flowing water that is owned and m...