Title
Incorporated County of Los Alamos Code No. 02-292: An Ordinance Repealing Article VII, Safety in Public Places, of Chapter 28, Offenses and Miscellaneous Provisions.
Recommended Action
I move that the County Council approve Code Ordinance No. 02-292 repealing Article VII, Safety in Public Places, of Chapter 28, Offenses and Miscellaneous Provisions contained in the Code of Ordinances of the County of Los Alamos, New Mexico.
County Manager's Recommendation
The County Attorney recommends that Council approve this Code Ordinance repealing Article VII, Safety in Public Places, of Chapter 28, Offenses and Miscellaneous Provisions contained in the Code of Ordinances of the County of Los Alamos, New Mexico. (See Attachment A)
Body
On or about August 28, 2018, the Chair of the County Council received a letter from the American Civil Liberties Union of New Mexico (ACLU NM) raising constitutional concerns regarding Chapter 28, Article VII, Safety in Public Places of the Los Alamos County Code of Ordinances (“Safety in Public Places Ordinance”). (See Attachment B) The County Attorney’s Office reviewed the letter, the Code Ordinance in question, as well as controlling case law.
Based on that review, the County Attorney’s office concluded that the constitutional concerns raised in the August 28, 2018 letter warranted review of the Code Ordinance for potential revision or repeal. Given these warranted concerns, the County Council enacted a moratorium through Resolution 18-22 on the enforcement of the Code Ordinance. (See Attachment C)
Based on subsequent review, the County Attorney’s office found numerous county ordinances, which do not raise the First Amendment concerns plaguing the current Safety in Public Places Ordinance, that should address the public safety concerns expressed in the Safety in Public Places Ordinance. These County ordinances include, but are not limited to, Section 28-101 (Disorderly Conduct), Section 28-102 (Disturbing the Peace), ...
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