City Council Adopts New Version of Utility Terrain Vehicle Ordinance

The Las Cruces City Council has repealed and replaced the City’s Utility Terrain Vehicle (UTV) ordinance with a new version. The council’s action came during its regularly scheduled meeting on Monday, September 22.

The new version of the UTV ordinance corrects the definition of utility terrain vehicle.

On March 20, 2020, City Council approved Ordinance No. 2915, which authorized Utility Terrain or Utility Task Vehicles to travel on City streets, pursuant to New Mexico Statutes Annotated (NMSA) 1978, Section 66-3-1011(B). On June 1, 2020, City Council approved Ordinance No. 2930 which repealed and replaced Ordinance No. 2915 to amend the definition of a UTV, enumerate areas where UTVs are prohibited from being driven, and require a City permit to operate a UTV.

The Las Cruces Police Department (LCPD) is creating a program to issue permits to allow UTVs to drive on City streets. During the process, LCPD realized the former definition of a UTV excluded most UTVs. The current definition of UTV will ensure that all UTVs are permitted in the interest of public safety.

Las Cruces Municipal Code Section 27-12-7-9(D)(4)(c) defines, in part, a UTV as a vehicle with a speed capability of no greater than 45 mph. This excludes most UTVs from the definition as most have a speed capability greater than 45 mph. The provision is also unnecessary as LCMC Section 27-12-7-9.2(H) limits the speed of UTVs on City streets to “45 miles per hour or the posted speed limit, whichever is less.”

The specific changes are as follows:

1. The speed capability provision of “no greater than 45 miles per hour” in LCMC Section 27-12-7- 9(D)(4)(c) is eliminated.
2. In LCMC Section 27-12-7-9(D)(4)(e), the engine displacement definition of “less than 1,000 cubic centimeters” has been amended to be “equal to or less than 1,000 cubic centimeters.”

Details of the revised ordinance can be found at: https://lascruces.civicweb.net/document/9172/AN%20ORDINANCE%20TO%20REPEAL%20AND%20REPLACE%20THE%20EXISTING.pdf?handle=A60EA4AA40A84ED3B9F763B8FE96FDCE.

City council also adopted a Resolution approving a reimbursement agreement between the City of Las Cruces and Sierra Norte Development, Inc. for construction of a neighborhood park in the Metro Central, Phase 1 subdivision in an amount not to exceed $592,213.07.

Parks and Recreation staff members has completed negotiations with the developer, Sierra Norte Development, Inc. (SNDI) to provide full design and build out of the proposed neighborhood park. The park, in the Metro Central Phase 1 subdivision, is comprised of two tracts at 1.40 acres and 1.255 acres for a total of 2.655 acres.

It would be a linear park that will be constructed in compliance with City codes as well as state and federal standards. All construction will be completed by the developer and delivered to the City free of all liens, claims, and demands.

The amount of reimbursement for the park is based on the actual costs of design and construction supported by invoices provided to the City by the developer. The total reimbursement for the park does not exceed $592,213.07 and will be paid from the Public Park Development Fund, also known as Park Impact Fees.

The completed park will contain bike racks, a drinking fountain, benches, picnic shelters, landscaping, exercise structures, and other amenities. Park Impact Fees are being collected throughout the subdivision and will be used for the reimbursement.

Three items were removed from the Consent Agenda and were discussed and approved by City Council. Those items include:

• A Resolution approving an agreement, and ratifying the City Manager’s signature, on an agreement between the City of Las Cruces and Ngage New Mexico to facilitate the use of funding from the New Mexico Legislature to develop a Children’s Museum and Family Information Center in the City.
• A Resolution awarding a contract for Juvenile Assessment Reporting Center Services to Families and Youth, Inc., of Las Cruces. The contract’s initial term will be through June 30, 2021 for an amount of $82,070, with the option to extend the contract for three additional one-year terms in an amount not to exceed $111,000 annually.
• An ordinance approving a zone change from R-1A, single family medium density, to R-1B, single-family high density, on a 20.08-acres parcel at 2600 Silver Hawk Avenue. The zone change is an amendment to the Sonoma Ranch East 2 Master Plan.