CHAPTER 94
PARKS AND OPEN SPACES Revised 2/24
Section
General Provisions
94.01 Beverages and containers
94.03 Camping Revised 2/24
94.04 Hours of operation Revised 2/24
Rio Grande Bosque
94.22 Prohibited activities Revised 2/24
94.23 Exemptions Revised 2/24
Cross-reference:
Department of Parks and Recreation, see § 32.20
Parks and Recreation Committee, see § 33.16
GENERAL PROVISIONS
94.01 BEVERAGES AND CONTAINERS.
Any person, persons or groups utilizing any park or open space area shall adhere to the following regulations, except where an exception has been approved by the Director of Parks and Recreation:
(A) Glass containers will not be used in any municipal park site or in any open space area.
(B) Alcoholic beverages will not be consumed in any park site or in any open space area, except that beer and wine may be dispensed and consumed during public celebrations wherein a special dispenser’s permit has been issued and in compliance with all other state statutes and city regulations.
(’87 Code, § 15-3-1) (Ord. 86-003; Am. Ord. 90-034) Penalty, see § 94.99
94.02 MOTOR VEHICLES.
Motorized vehicles are prohibited in any park site or open space, except in designated parking areas.
(’87 Code, § 15-3-1) (Ord. 86-003; Am. Ord. 90-034) Penalty, see § 94.99
94.03 CAMPING. Revised 2/24
Camping is allowed only on sites specifically designated and marked as camping areas. For purposes of this section, the term “camping” means to reside or dwell temporarily in a place, with shelter, outside of the permitted hours of operation. The term “shelter” includes, without limitation, any tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, vehicles, recreational vehicles, or any form of cover or protection from the elements other than clothing. The term “camping” does not apply to grilling, picnicking, and napping during operational hours. The term “recreational vehicles” is defined in Section 154.03, R.O. 2003.
(’87 Code, § 15-3-1) (Ord. 86-003; Am. Ord. 90-034; Am. Ord. 23-28) Penalty, see § 94.99
94.04 HOURS OF OPERATION. Revised 2/24
City park sites will be open from 6:00 a.m. until 10:00 p.m.
(’87 Code, § 15-3-1) (Ord. 86-003; Am. Ord. 90-034; Am. Ord. 23-28)
94.05 PETS AND ANIMALS.
(A) Per Section 90.22, the City Manager shall designate which parks are dog parks and are dog-friendly parks as well as those parks in which animals are prohibited. Dogs may be unleashed once they are within the confines of a dog park, but must remain on a leash in the dog-friendly parks.
(B) Other animals are prohibited from developed city parks unless explicitly authorized by the City Manager or in accordance with this section.
(C) All provisions of Chapter 90 shall apply to dog-friendly parks.
(D) Animals may be prohibited from areas within dog-friendly parks such as but not limited to sports and ball fields, outdoor swimming pools, and playgrounds. Such areas shall be posted: “no dogs allowed with the exception of service animals.”
(E) Service animals under Titles II and III of the Americans with Disabilities Act (ADA) are allowed to accompany people with disabilities in all areas where members of the public are allowed, including developed park sites. Under the ADA guidelines, only dogs and miniature horses are recognized as service animals under Titles II and III of the ADA. A service animal is a dog or miniature horse that is individually trained to do work or perform tasks for a person with a disability. If the owner cannot control their service animal or if the service animal creates a legitimate safety hazard, then the owner shall remove the animal from the public area.
(F) Service animals may be trained in a city park by a registered and certified instructor with written approval of the City Manager.
(G) Dogs may be temporarily unleashed in developed city parks for the purposes of dog events, shows, and competitions with written approval of the City Manager. In such cases, dogs must be caged, leashed, or otherwise confined within a fenced area and must be obedient and under the verbal command of their owner or handler.
(H) Dogs, cats and/or barnyard animals such as horses, goats, sheep, and cows may be temporarily allowed in a developed park as part of an approved event for the purposes of demonstration, adopt-a-thon, and/or for “show and tell” with written approval of the City Manager. Such animals must be caged, leashed, or otherwise confined within a fenced area and must be obedient and under the verbal command of their owner or handler. Animals or pets may not be ridden or used to pull any type of apparatus, equipment, vehicle or other mode of transportation while in a developed city park unless written permission of the City Manager is obtained in advance.
(I) Animals and/or dogs are not prohibited from undeveloped portions of parks or open space sites; however, all provisions of Chapter 90 shall apply.
(J) The following rules shall apply to and be posted at all city off-leash dog parks:
(1) Each owner and/or person having charge, custody, or control of their dog(s) are legally and financially responsible for the actions of each dog under their charge, custody, or control at all times.
(2) Anyone under the age of 13 must be accompanied by an adult at all times when inside the off-leash dog park area. It is strongly recommended that parents refrain from bringing infants or small children into the off-leash dog park area.
(3) At no time should children be left unattended and/or allowed to run with or chase after dogs.
(4) Dogs must be neutered/spayed in order to enter the off-leash dog park area.
(5) Food is not allowed within the off-leash dog park area.
(6) Dog owners and/or person having charge, custody, or control of their dog(s) must remain with their dog(s) and keep their dog(s) in view at all times.
(7) No dog(s) may be left unattended.
(8) Dogs exhibiting aggressive behavior must be leashed and removed from the off-leash dog park immediately.
(9) Owners or person having charge, custody, or control of their dog(s) must clean up and properly dispose of their dog’s waste.
(10) All dogs must have up-to-date vaccinations prior to entering the off-leash dog park.
(11) Dogs must have current rabies and applicable license tags clipped to their collars at all times.
(12) Dogs and/or puppies using the off-leash dog park must be at least six months old and must be up to date on all core vaccines including rabies, parvo/distemper, and bordetella.
(13) Limit of three dogs per person per visit.
(14) Dogs must be on leash prior to exiting the dog park.
(15) Dog park hours: 6:00 a.m. to 10:00 p.m. daily.
(’87 Code, § 15-3-1) (Ord. 86-003; Am. Ord. 90-034; Am. Ord. 15-03) Penalty, see § 94.99
94.06 UNSUPERVISED CHILDREN.
Children under the age of ten shall be supervised by a parent or other responsible adult or guardian or shall play unsupervised at the sole risk of the parent.
(’87 Code, § 15-3-1) (Ord. 86-003; Am. Ord. 90-034)
RIO GRANDE BOSQUE
94.20 PURPOSE.
In order to preserve and protect the natural conditions and wildlife in the Rio Grande Bosque in Rio Rancho, BOSQUE being defined as a riparian forest, and to provide for the safety, health, order, and well being of the citizens of Rio Rancho, there is hereby established a Rio Rancho Bosque Preserve.
(Ord. 00-020)
94.21 BOUNDARIES.
The Rio Rancho Bosque Preserve comprises that riparian forested area within the limits of the city legally described as Corrales North, Unit 3, Parcel A, consisting of approximately 144 acres, more or less, and Corrales North, Unit 2, Parcel F, consisting of approximately 45 acres, more or less.
(Ord. 00-020)
94.22 PROHIBITED ACTIVITIES. Revised 2/24
It shall be unlawful for any person to engage in any of the following activities in the Rio Rancho Bosque Preserve:
(A) Hunting, trapping, snaring, or collecting any mammal, bird, reptile or amphibian, or the eggs or young of such animals;
(B) Cutting wood or digging up, cutting or removing any trees, plants or soil;
(C) Marking or defacing in any way any tree, shrub, rock, or surface of the Bosque;
(D) Discharging any firearm, air gun, gas-operated gun, spring gun, or slingshot;
(E) Bow and arrow shooting;
(F) Starting or maintaining any fire, including in cook stoves or cooking containers, or igniting any fireworks;
(G) Discharging, shooting, throwing, or operating model aircraft or rockets;
(H) Camping, as defined in Section 94.03, R.O. 2003;
(I) Using the Rio Rancho Bosque Preserve for any commercial purpose;
(J) Possessing or consuming alcoholic beverages;
(K) Dumping or littering in any manner;
(L) Operating any motorized vehicle;
(M) Equestrian use on existing paths be permitted. This would not include pulling any animal-drawn vehicle;
(N) Non-motorized bicycles are permitted on existing (or designated) paths in the Bosque. No bicycle competition events or the construction of additional paths will be permitted;
(O) Erecting or constructing any facility or shelter, including but not limited to picnic tables, campgrounds, chemical toilets, sports fields, shacks or tree houses;
(P) Permitting any pet to be astray or run at large;
(Q) Playing any radio, television, sound-amplifying equipment, or any recording device without using a headphone or similar device to contain the sound;
(R) Smoking;
(S) Being in the Preserve between the hours of 10:00 p.m. and 5:00 a.m.
(Ord. 00-020; Am. Ord. 23-28)
94.23 EXEMPTIONS. Revised 2/24
The following exemptions are hereby allowed; provided, that any person exempted under this section shall exercise reasonable care to honor the spirit and intent of the policy and restrictions declared in this subchapter:
(A) Collecting of materials or items for scientific research may be allowed pursuant to prior written authorization by the City Manager or designee.
(B) Law enforcement officers, fire department and emergency rescue unit personnel, other authorized officers, agents and employees of the federal, state and local government, and any necessary vehicles therefor, acting within the scope of their duties.
(C) Any enhancements to the preservation and enjoyment of the area authorized by the governing body, including but not limited to such things as bicycle paths and walking trails.
(D) Any activities authorized by the Director of the Rio Rancho Department of Public Safety or the Director of the Rio Rancho Fire and Rescue Department, necessary to carry out the requirements of this subchapter.
(Ord. 00-020; Am. Ord. 23-28)
94.24 ENFORCEMENT.
The Rio Rancho Department of Public Safety shall have responsibility for enforcement of this subchapter.
(Ord. 00-020)
94.99 PENALTY.
(A) The penalty for infractions of this chapter, excluding Section 94.05, Pets and animals, et seq., shall be fines of no less than $30 and no more than $500 as set at the discretion of the Municipal Judge.
(B) The penalty for infractions of Section 94.05, Pets and animals, et seq. shall be as referenced in Section 90.99, Penalty.
(C) The penalty for infractions of Section 94.20 et seq. shall be a fine of up to $500 and confinement for up to 90 days.
(’87 Code, § 15-3-1) (Ord. 86-003; Am. Ord. 90-034; Am. Ord. 00-020; Am. Ord. 15-03)