City of Albuquerque
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File #: O-22-31   
Type: Ordinance Status: In Council - Final Action
File created: 6/6/2022 In control: City Council
Final action:
Enactment date: Enactment #:
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)
Attachments: 1. O-31
Date Action ByActionResultAction Details
6/22/2022 City Council Accepted with a recommendation Do Pass, As Amended  Action details
6/14/2022 Public Safety Committee Sent to Council with a recommendation of Do Pass, as AmendedPass Action details
6/14/2022 Public Safety Committee AmendedPass Action details
6/6/2022 City Council Introduced and Referred  Action details
6/6/2022 President Referred  Action details
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...

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