1998 Codification Index Page

CHAPTER ONE

GENERAL GOVERNMENT
ARTICLE 1, HISTORY OF INCORPORATION
    1-1-1 DATE OF INCORPORATION:
    1-1-2 FIRST ELECTION:
    1-1-3 ELECTIVE OFFICES:
ARTICLE 2, ELECTIVE OFFICIALS
    1-2-1 GOVERNING BODY:
    1-2-2 DUTIES AND POWERS:
ARTICLE 3, COMPENSATION OF GOVERNING BODY
    1-3-1 COMPENSATION:
ARTICLE 4, TERM OF OFFICE
   1-4-1 TERMS, OATH OF OFFICE
ARTICLE 5, MEETINGS
   1-5-1 MEETINGS:
   1-5-2 ORDER OF BUSINESS, ORDINANCES AND RESOLUTIONS:
ARTICLE 6, ELECTIONS
   1-6-1 ELECTIONS:
ARTICLE 7, VILLAGE SEAL
   1-7-1 SEAL:
ARTICLE 8, APPOINTIVE OFFICERS
   1-8-1 OFFICERS:
   1-8-2 APPOINTMENT OF OFFICERS:
   1-8-3 DUTIES OF APPOINTIVE OFFICERS:
   1-8-4 OATH OF OFFICE:
   1-8-5 BOND REQUIRED
   1-8-6 VACANCY IN OFFICE:
   1-8-7 COMPENSATION:

CHAPTER 2

BOARDS AND COMMISSIONS

ARTICLE 1, CEMETERY BOARD
   2-1-1 TITLE OF ORDINANCE:
   2-1-2 PURPOSE OF ORDINANCE:
   2-1-3 CAPITAN CEMETERY BOARD:
   2-1-4 CEMETERY BOARD - POWERS AND DUTIES:
   2-1-5 CEMETERY - RULES AND REGULATIONS:
   2-1-6 PENALTIES FOR VIOLATION, NMSA 3-17-1
   2-1-7 TRANSFER OF OTHER CEMETERIES TO THE BOARD:
   2-1-8 BURIAL PLOTS:

ARTICLE 2, WATER ADVISORY BOARD
   2-2-1 TITLE:
   2-2-2 PURPOSE:
   2-2-3 AUTHORITY AND JURISDICTION:
   2-2-4 COMPOSITION AND ORGANIZATION:
   2-2-5 DUTIES:
   2-2-6 RESPONSIBILITY OF BOARD OF TRUSTEES WITH REGARD TO THE WATER BOARD:
   2-2-7 INTERPRETATION AND CONFLICTS:
   2-2-8 SEVERABILITY:

CHAPTER 3

DEPARTMENTS

ARTICLE 1, WATER DEPARTMENT MUNICIPAL WATER ORDINANCE
    3-1-1 TITLE:
    3-1-2 ADMINISTRATION:
    3-1-3 INSPECTIONS:
    3-1-4 APPLICATION FOR WATER:
    3-1-5 RESPONSIBILITY FOR PAYMENTS, LIENS & DEPOSITS:
    3-1-6 SIZE OF SERVICE TAP:
    3-1-7 CONNECT OR TURN ON FEE:
    3-1-8 METERING OF WATER:
    3-1-9 SERVICE LINE REGULATIONS:
    3-1-10 REMOVAL AND INSTALLATION OF METER TAP FEE:
    3-1-11 WATER RATES:
    3-1-12 COMMODITY CHARGES:
    3-1-13 COMPOUND OR MULTIPLE METERS:
    3-1-14 WATER BILLS; PAYMENT; PENALTY:
    3-1-15 UNMETERED SERVICE:
    3-1-16 WATER LEAKAGE OR METER PROBLEMS:
    3-1-17 RETURNED CHECKS:
    3-1-18 PAYMENT PRIORITIES OF WATER REVENUES:
    3-1-19 UNLAWFULLY TURNING ON METER:
    3-1-20 DELINQUENT CHARGES MUST BE PAID IN FULL:

ARTICLE 2, MUNICIPAL WATER RESTRICTION ORDINANCE
    3-2-1 TITLE:
    3-2-2 WATER EMERGENCY:
    3-2-3 WATER RESTRICTION TIMES:
    3-2-4 WATER CONSERVATION:
    3-2-5 MANDATORY PENALTIES FOR VIOLATION OF WATERING RESTRICTIONS AND WATER CONSERVATION PROVISIONS:
    3-2-6 MANDATORY PENALTIES FOR ILLEGAL WATER HOOKUPS:
    3-2-7 SPECIFIC REPLACEMENT COSTS FOR DAMAGE:
    3-2-8 VIOLATIONS FOR METER TAMPERING:

ARTICLE 3, SEWER DEPARTMENT
    3-3-1 TITLE:
    3-3-2 DEFINITIONS:
    3-3-3 SUPERINTENDENT OF SEWER DEPARTMENT:
    3-3-4 USE OF FUNDS:
    3-3-5 CONNECTIONS:
    3-3-6 CONNECTION FEE:
    3-3-7 SERVICE FEES:
    3-3-8 CONNECTIONS, INSPECTIONS REQUIRED:
    3-3-9 PROHIBITED DISCHARGE:
   3-3-10 GREASE, OIL AND SAND INTERCEPTORS:
    3-3-11 SEWER BILLS:
    3-3-12 LIEN PROVIDED:
    3-3-13 CONNECTION REQUIRED:
    3-3-14 MANDATORY CHARGES:
    3-3-15 UNLAWFUL HABITATION:
    3-3-16 NUISANCES:

ARTICLE 4, HEALTH AND SANITATION
    3-4-1 TITLE:
    3-4-2 DEFINITIONS:
    3-4-3 AUTHORITY OF THE VILLAGE CLERK:
    3-4-4 CONTAINERS FOR GARBAGE:
    3-4-5 CONTAINERS FOR REFUSE:
    3-4-6 LIDS AND COVERS OF TRASH CONTAINERS:
    3-4-7 PLACEMENT OF CANS:
    3-4-8 INSPECTION OF GARBAGE AND TRASH RECEPTACLES:
    3-4-9 DEPOSITING GARBAGE OR REFUSE IN OTHER THAN AUTHORIZED CONTAINER PROHIBITED:
    3-4-10 BURNING OF REFUSE:
    3-4-11 HAULING OF GARBAGE OR REFUSE:
    3-4-12 SCAVENGERS OR CARDBOARD COLLECTORS:
    3-4-13 MEDICAL WASTE:
    3-4-14 THROWING AND DRAINING REFUSE INTO RIVERS, STREAMS, AND BAR DITCHES:
    3-4-15 UNLAWFUL DISPOSAL OF REFUSE:
    3-4-16 PERSONS LIABLE FOR PAYMENT OF FEE FOR GARBAGE REMOVAL:
    3-4-17 FEES:
    3-4-18 CONTRACT FOR SERVICES:

ARTICLE 5, FIRE DEPARTMENT
    3-5-1 TITLE AND DUTIES:
    3-5-2 ORGANIZATION:
    3-5-3 OFFICERS:
    3-5-4 DUTIES OF OFFICERS AND MEMBERS:
    3-5-5 DUTIES OF THE FIRE CHIEF:
    3-5-6 POLICE AUTHORITY:
    3-5-7 APPARATUS SHALL NOT BE LOANED:
    3-5-8 DEPARTMENT FUNDS, PROPERTY AND EQUIPMENT:
    3-5-9 INDEBTEDNESS:
    3-5-10 INTERFERING WITH THE FIRE DEPARTMENT:
    3-5-11 AUTHORITY OF CHIEF TO ORDER DISCONTINUANCE OF HAZARDOUS DEVICES:
    3-5-12 RIGHT OF ENTRY:
    3-5-13 BONFIRES:
    3-5-14 REPEAL:

ARTICLE 6, DEPARTMENT OF CIVIL PREPAREDNESS
    3-6-1 DEPARTMENT ESTABLISHED, COORDINATOR PROVIDED FOR PURPOSE:
    3-6-2 PURPOSE:
    3-6-3 DUTIES OF COORDINATOR:
    3-6-4 FUNDS:
    3-6-5 REPEALER:

CHAPTER 4

LICENSING AND TAXATION

ARTICLE 1, BUSINESS REGISTRATION FEE
    4-1-1 SHORT TITLE:
    4-1-2 DEFINITIONS:
    4-1-3 LICENSE FEE IMPOSED:
    4-1-4 APPLICATION:
    4-1-5 INSPECTION:
    4-1-6 REMEDIES OR REVOCATION:
    4-1-7 SPECIAL EVENTS (INCLUDING DANCES):
    4-1-8 TEMPORARY MERCHANTS:
    4-1-9 SEASONAL MERCHANTS:
    4-1-10 GARAGE SALES:
    4-1-11 CONTRACTORS:
    4-1-12 ENFORCEMENT:
    4-1-13 SEVERABILITY:
    4-1-14 PENALTIES:

ARTICLE 2, ALCOHOLIC BEVERAGE LICENSES
    4-2-1 DEFINITIONS:
    4-2-2 SALE OR POSSESSION PROHIBITED:
    4-2-3 LICENSE REQUIRED:
    4-2-4 RETAILERS LICENSE:
    4-2-5 DISPENSER'S LICENSE:
    4-2-6 CLUB LICENSE:
    4-2-7 REFUSAL TO ISSUE LICENSES:
    4-2-8 LOCATION RESTRICTIONS:
    4-2-9 INTENT TO IMPOSE TAX ANNUALLY:
    4-2-10 ENABLING LEGISLATION:
    4-2-11 FAILURE TO PAY TAX:

ARTICLE 3, STREET CULVERTS, CURBS AND DRAINS - TAXATION
    4-3-1 DECLARATION OF APPLICABILITY:
    4-3-2 LIENS, TAXES AND MANNER OF COLLECTION:
    4-3-3 REMEDIES:
    4-3-4 CURB CUTS- PURPOSE OF ORDINANCE:
    4-3-5 PROCEDURE TO REQUEST CURB CUT:

ARTICLE 4, MUNICIPAL GROSS RECEIPTS TAXES
    4-4-1 IMPOSITION OF TAX:
    4-4-2 SPECIFIC EXEMPTIONS:
    4-4-3 DEDICATION:
    4-4-4 EFFECTIVE DATE:

ARTICLE 5, SUPPLEMENTAL MUNICIPAL GROSS RECEIPTS TAX
    4-5-1 TITLE:
    4-5-2 DECLARATION OF INTENT AND PURPOSE
    4-5-3 DEFINITIONS
    4-5-4 IMPOSITION OF TAX-RATE-PRESUMPTION OF TAXABILITY
    4-5-5 DEPOSIT OF PROCEEDS
    4-5-6 SEPARATELY STATING THE MUNICIPAL GROSS RECEIPTS TAX
    4-5-7 DATE PAYMENT DUE:
    4-5-8 EXEMPTIONS
    4-5-9 NONTAXABLE TRANSACTION CERTIFICATES; FARMER'S AND RANCHER'S STATEMENTS, AND OTHER EVIDENCE REQUIRED TO ENTITLE PERSONS TO DEDUCTIONS
    4-5-10 SUSPENSION OF THE RIGHT TO USE A NONTAXABLE TRANSACTION CERTIFICATE:
    4-5-11 DEDUCTIONS
    4-5-12 SEVERABILITY
    4-5-13 BUREAU AS AGENT FOR COLLECTION -MUNICIPALITY LIABLE ON REFUNDS:
    4-5-14 DEDICATION
    4-5-15 EFFECTIVE DATE:

ARTICLE 6, SPECIAL MUNICIPAL GROSS RECEIPTS TAX
    4-6-1 IMPOSITION OF TAX:
    4-6-2 GENERAL PROVISIONS:
    4-6-3 SPECIFIC EXEMPTIONS:
    4-6-4 DEDICATION:
    4-6-5 EFFECTIVE DATE:

ARTICLE 7, MUNICIPAL ENVIRONMENTAL GROSS RECEIPTS TAX
    4-7-1 IMPOSITION OF TAX:
    4-7-2 GENERAL PROVISIONS:
    4-7-3 SPECIFIC EXEMPTIONS:
    4-7-4 DEDICATION:
    4-7-5 EFFECTIVE DATE:

ARTICLE 8, MUNICIPAL INFRASTRUCTURE GROSS RECEIPTS TAX
    4-8-1 IMPOSITION OF TAX:
    4-8-2 GENERAL PROVISIONS:
    4-8-3 SPECIFIC EXEMPTIONS:
    4-8-4 DEDICATION:

ARTICLE 9, MUNICIPAL INFRASTRUCTURE GROSS RECEIPTS TAX
    4-9-1 IMPOSITION OF TAX:
    4-9-2 GENERAL PROVISIONS:
    4-9-3 SPECIFIC EXEMPTIONS:
    4-9-4 DEDICATION:
    4-9-5 EFFECTIVE DATE:

CHAPTER 5
MUNICIPAL JUDGE - MUNICIPAL COURT

ARTICLE 1, JURISDICTION, LOCATION, PRESIDING OFFICER
    5-1-1 JURISDICTION, LOCATION, PRESIDING OFFICER

ARTICLE 2, MUNICIPAL JUDGE - MUNICIPAL COURT
    5-2-1 ELECTION:
    5-2-2 QUALIFICATIONS:
    5-2-3 TRAINING:
    5-2-4 BOND AND OATH:
    5-2-5 APPOINTMENT OF TEMPORARY MUNICIPAL JUDGE:
    5-2-6 RECORDS AND REPORTS:
    5-2-7 DUTIES:

ARTICLE 3, PROBATION, SUSPENSION OF SENTENCE
    5-3-1 SUSPENSION OF SENTENCE:
    5-3-2 PROBATION:
    5-3-3 SUSPENSION OF SENTENCE AND PROBATION:
    5-3-4 SENTENCE LIMITATION:
    5-3-5 SUSPENSION, PROBATION, COMMUNITY SERVICE:

CHAPTER 6

MORALS, CONDUCT, AND CRIMINAL CODE ON GENERAL OFFENSES

ARTICLE 1, GENERAL PROVISIONS
    6-1-1 TITLE: 6-1
    6-1-2 LIMITATION OF ACTION:
    6-1-3 JURISDICTION:
    6-1-4 DEFINITIONS AND RULES OF CONSTRUCTION:
    6-1-5 AMENDMENTS:
    6-1-6 PENALTY:
    6-1-7 SEVERABILITY:
    6-1-8 REPEALER:

ARTICLE 2, PUBLIC ORDER AND SAFETY
    6-2-1 ASSAULT:
    6-2-2 BATTERY:
    6-2-3 AGGRAVATED BATTERY:
    6-2-4 TRESPASS:
    6-2-5 DISTURBING THE PEACE:
    6-2-6 UNREASONABLE NOISE:
    6-2-7 DISORDERLY CONDUCT:
    6-2-8 UNLAWFUL ASSEMBLY:
    6-2-9 OBSTRUCTING MOVEMENT:
    6-2-10 REMOVAL OF BARRICADES:
    6-2-11 DEADLY WEAPONS:
    6-2-12 FAILURE TO REPORT TREATMENT OF WOUNDS:
    6-2-13 PROPELLING OF MISSILES:
    6-2-14 POSSESSION OF BURGLARY TOOLS:
    6-2-15 POSSESSION OF FIREWORKS:
    6-2-16 FALSE ALARMS:
    6-2-17 FALSE REPORTS:
    6-2-18 INTERFERENCE WITH OFFICERS:
    6-2-19 IMPERSONATING AN OFFICER:
    6-2-20 ASSAULT UPON A PEACE OFFICER:
    6-2-21 UNAUTHORIZED USE OF CERTAIN WORDS AND INSIGNIA:
    6-2-22 ESCAPE OF PRISONERS:
    6-2-23 RESISTING, OBSTRUCTING OR REFUSING TO OBEY AN OFFICER:
    6-2-24 GIVING ASSISTANCE TO POLICE OFFICERS:
    6-2-25 IMPROPER HANDLING OF FIRE:
    6-2-26 INTERFERENCE WITH FIRE CONTROLS:
    6-2-27 FIRE DANGER EMERGENCY:
    6-2-28 OBSTRUCTION OF SIDEWALKS:
    6-2-29 DEPOSITS OF INJURIOUS MATERIAL ON THOROUGHFARES:
    6-2-30 PROTECTION OF RIVERS AND STREAMS AND BAR DITCHES:
    6-2-31 ABANDONMENT OF DANGEROUS CONTAINERS:
    6-2-32 REPEALER:

ARTICLE 3, PROPERTY
    6-3-1 DESTROYING, INJURING, REMOVING, TAMPERING WITH OR DEFACING PROPERTY:
    6-3-2 LIBRARY PROPERTY:
    6-3-3 SCATTERING TRASH, RUBBISH:
    6-3-4 ADVERTISING MATTER:
    6-3-5 PETTY LARCENY, CONVERSION, EMBEZZLEMENT, FRAUD:
    6-3-6 RECEIVING STOLEN PROPERTY:
    6-3-7 SHOPLIFTING:
    6-3-8 ISSUING WORTHLESS CHECKS:
    6-3-9 FALSELY OBTAINING SERVICES OR ACCOMMODATIONS:
    6-3-10 WRONGFUL USE OF PUBLIC PROPERTY:
    6-3-11 REMOVAL OF EARTH:

ARTICLE 4, PUBLIC MORALS
    6-4-1 SHORT TITLE- PUBLIC NUISANCES:
    6-4-2 DRINKING IN PUBLIC ESTABLISHMENTS; SELLING OR SERVING ALCOHOLIC BEVERAGES OTHER THAN IN LICENSED ESTABLISHMENTS:
    6-4-3 INDECENT EXPOSURE - GENERALLY:
    6-4-4 SEVERABILITY:
    6-4-5 PENALTIES:
    6-4-6 LEWD, IMMORAL OR OBSCENE ACTS:
    6-4-7 WINDOW PEEPING:
    6-4-8 GAMBLING:
    6-4-9 AIDING ILLEGAL ACTIVITY
    6-4-10 MARIJUANA, POSSESSION PROHIBITED:

ARTICLE 5, MINORS
    6-5-1 ABANDONMENT OF CHILDREN:
    6-5-2 CRUELTY TO CHILDREN:
    6-5-3 ENTICEMENT OF CHILD:
    6-5-4 UNLAWFUL ASSISTANCE TO MINORS:
    6-5-5 UNLAWFUL PRESENCE IN LIQUOR ESTABLISHMENT:
    6-5-6 OFFENSES BY MINORS:
    6-5-7 FAILURE OF PARENTAL RESPONSIBILITY:
    6-5-8 ABANDONMENT OF DANGEROUS OBJECTS:
    6-5-9 SALE, OFFER FOR SALE, DELIVERY OR GIFT OF CERTAIN GLUES OR CEMENTS TO MINORS:
    6-5-10 SALE OF ALCOHOL TO MINORS, DRUNKARDS, OR PERSONS OF UNSOUND MIND:
    6-5-11 CURFEW:

ARTICLE 6, GENERAL NUISANCES
    6-6-1 PUBLIC NUISANCE:
    6-6-2 NUISANCE DECLARED:
    6-6-3 OUTDOOR AUTOMOTIVE STORAGE:
    6-6-4 ABANDONED WRECKS, NONOPERATING, DISMANTLED OR DISCARDED VEHICLES:
    6-6-5 DANGEROUS NUISANCES:
    6-6-6 NOTICE OF NUISANCE:
    6-6-7 COMPLAINT:
    6-6-8 REMOVAL OF NUISANCE:
    6-6-9 INJUNCTIONS:

ARTICLE 7, TRAFFIC CODE
    6-7-1 NEW MEXICO UNIFORM TRAFFIC ORDINANCE- ADOPTION BY REFERENCE: 6-33
    6-7-2 PENALTY ASSESSMENT FEE:
    6-7-3 PENALTY ASSESSMENT MISDEMEANORS, OPTION, EFFECT:
    6-7-4 FAILURE TO PAY PENALTY ASSESSMENT:
    6-7-5 SEPARABILITY:
    6-7-6 ORDINANCES REPEALED:
    6-7-7 SKATEBOARDING ON VILLAGE STREETS AND SIDEWALKS
    6-7-8 UNLAWFUL RIDING- AMENDING SECTION 12-6-13.2 OF THE UNIFORM TRAFFIC ORDINANCE:
    6-7-9 ELIMINATING TRUCK TRAFFIC ON FOREST AVENUE:
    6-7-10 SPECIAL FUND:
    6-7-11 TESTING FEE:
    6-7-12 CORRECTION FEES AND JUDICIAL EDUCATION FEES:
    6-7-13 COURT AUTOMATION FEES:

ARTICLE 8, ANIMAL CONTROL
    6-8-1 DEFINITIONS:
    6-8-2 APPLICATION:
    6-8-3 LICENSE AND VACCINATION REQUIRED:
    6-8-4 FEES:
    6-8-6 IMPOUNDING OF ANIMALS:
    6-8-7 CONFINEMENT OF BITING DOGS:
    6-8-8 FILING OF COMPLAINT IN MUNICIPAL COURT:
    6-8-9 RELEASE OF IMPOUNDED DOG - DESTRUCTION OF DOG
    6-8-10 DISPOSAL OF DOG OF UNKNOWN OWNER OR KEEPER:
    6-8-11 DOGS TRAINED TO ASSIST THE BLIND, ALLOWED IN PUBLIC PLACES:
    6-8-12 CRUELTY TO ANIMALS:
    6-8-14 FEMALE DOGS IN HEAT:
    6-8-15 VICIOUS DOGS:
    6-8-16 DOG KILLING OR INJURING LIVESTOCK:
    6-8-17 INTERFERENCE WITH ANIMAL CONTROL OFFICER OR OTHER PEACE OFFICER PERFORMING DUTIES:
    6-8-18 INSTIGATING OR ENCOURAGING DOG FIGHTS, PROHIBITED:
    6-8-19 FAILURE TO KILL - PENALTY:
    6-8-20 ESTABLISHMENT OF A POUND:
    6-8-21 NOTICE OR KNOWLEDGE OF VIOLATION OF THIS ORDINANCE NOT NECESSARY FOR PROSECUTION OF OWNER OR KEEPER:

ARTICLE 9, LIVESTOCK
    6-9-1 EFFECTIVE DATE:
    6-9-2 RESTRICTED AREA:
    6-9-3 VIOLATION - PENALTY
    6-9-4 DOGS AND CATS:

CHAPTER 7

FRANCHISES

ARTICLE 1, LINCOLN CABLEVISION, INCORPORATED
    7-1-1 GENERAL PROVISIONS:
    7-1-2 GRANT OF AUTHORITY:
    7-1-3 SECURITY FOR COMPLIANCE:
    7-1-4 USE OF STREETS, ALLEYS, AND PUBLIC WAYS:
    7-1-5 RATES AND CHARGES:
    7-1-6 PERFORMANCE:
    7-1-7 ASSIGNABILITY AND TERMINATION:
    7-1-8 FRANCHISE PAYMENTS:
    7-1-9 DURATION OF FRANCHISE:

ARTICLE 2, OTERO COUNTY ELECTRIC COOPERATIVE
    7-2-1 OTERO COUNTY ELECTRIC COOPERATIVE FRANCHISE:
    7-2-2 PUBLICATION:

ARTICLE 3, CONTINENTAL TELEPHONE COMPANY OF THE WEST
    7-3-1 GRANT OF AUTHORITY:
    7-3-2 COMPLIANCE WITH APPLICABLE LAWS:
    7-3-3 PAYMENT TO VILLAGE:
    7-3-4 HOLD HARMLESS PROVISION:
    7-3-5 PLACEMENT OF UTILITY WIRES AND FIXTURES
    7-3-6 MOVEMENT OR ALTERATION OF WIRES AND FIXTURES:
    7-3-7 WAIVER:
    7-3-8 MINIMUM INTERFERENCE AND RESTORATION:
    7-3-9 NOTICE OF ADDITIONS, ANNEXATIONS, SUBDIVISIONS OR INCORPORATION:
    7-3-11 SEVERABILITY:
    7-3-12 EFFECTIVE DATE:

CHAPTER 8

LAND SUBDIVISION REGULATIONS

CHAPTER 9

BUILDING AND ZONING

ARTICLE 1, ELECTRICAL CODE
    9-1-1 ADOPTION BY REFERENCE:
    9-1-2 PENALTY:

ARTICLE 2, FIRE PREVENTION CODE
    9-2-1 ADOPTION BY REFERENCE:
    9-2-2 ENFORCEMENT:
    9-2-3 DEFINITION:
    9-2-4 MODIFICATIONS:
    9-2-5 APPEALS:
    9-2-6 PENALTY:
    9-2-7 AUTHORITY:

ARTICLE 3, RIGHT OF WAY PERMITS AND EXCAVATION
    9-3-1 SHORT TITLE:
    9-3-2 DEFINITIONS:
    9-3-3 PERMIT FEES:
    9-3-4 ADVANCED NOTICE OF EXCAVATION REQUIRED:
    9-3-5 EMERGENCY EXCAVATION:
    9-3-6 NOTIFICATION OF DAMAGE:
    9-3-7 WARNING DEVICES:
    9-3-8 EXCAVATION PROJECTS; PERMIT REQUIRED:
    9-3-9 APPLICATION:
    9-3-10 LIABILITY, INDEMNIFICATION AND INSURANCE:
    9-3-11 RESTORATION OF RIGHT OF WAY AND ROADS:
    9-3-12 PROHIBITION:
    9-3-13 ENFORCEMENT:
    9-3-14 PENALTY FOR VIOLATIONS:
    9-3-15 CIVIL LIABILITY:
    9-3-16 SEVERABILITY:

ARTICLE 4, MOVING OF BUILDINGS
    9-4-1 PERMIT REQUIRED:
    9-4-2 PETITION:
    9-4-3 UTILITY LINES:
    9-4-4 PERMIT FEE:
    9-4-5 PENALTY:

ARTICLE 5, BUILDING CODE
    9-5-1 ADOPTION BY REFERENCE
    9-5-2 DEVELOPMENT FEES AND PERMITS:
    9-5-3 DEFINITIONS:
    9-5-4 PENALTIES:

ARTICLE 6, PLUMBING AND GAS CODES
    9-6-1 ADOPTION OF PLUMBING-GAS CODES BY REFERENCE
    9-6-2 AVAILABILITY OF THE PLUMBING-GAS CODE OF THE VILLAGE:
    9-6-3 AMENDMENTS TO PLUMBING-GAS CODE OF THE VILLAGE:
    9-6-4 PENALTY:

ARTICLE 7, FAIR HOUSING
    9-7-1 POLICY:
    9-7-2 DEFINITIONS:

ARTICLE 8, LOT AND STRUCTURE NUMBERING
    9-8-1 NUMBERING OF BUILDINGS:
    9-8-2 LOCATION MAP:
    9-8-3 DUTIES OF PROPERTY OWNERS
    9-8-4 PENALTIES:
    9-8-5 VILLAGE TO PROVIDE NUMBERS:

CHAPTER 10

PERSONNEL POLICIES AND PROCEDURES

ARTICLE 1, INTRODUCTION
    10-1-1 PURPOSE:
    10-1-2 FORM OF GOVERNMENT:
    10-1-2 CHAIN OF COMMAND:
    10-1-3 AUTHORITY:
    10-1-4 SAVINGS CLAUSE:
    10-1-5 STATEMENT OF RIGHTS; VILLAGE OF CAPITAN GOVERNMENT:
    10-1-6 FORM OF GOVERNMENT:

ARTICLE 2, RECRUITMENT, SELECTION AND APPOINTMENT
    10-2-1 EQUAL OPPORTUNITY EMPLOYMENT:
    10-2-2 CLASSIFICATION OF EMPLOYEES:
    10-2-3 EMPLOYEE STATUS - BENEFITS:
    10-2-4 TYPES OF POSITIONS (HOURS PER WEEK):
    10-2-5 POSITION VACANCY:
    10-2-6 RECRUITMENT:
    10-2-7 EMPLOYMENT APPLICATIONS:
    10-2-8 MINIMUM QUALIFICATIONS:
    10-2-9 REFERENCES:
    10-2-10 DISQUALIFICATION OF APPLICANTS:
    10-2-11 EVALUATION & REFERRAL OF CANDIDATES:
    10-2-12 SELECTION OF CANDIDATES:
    10-2-13 PROVISIONAL APPOINTMENT:
    10-2-14 EMPLOYMENT DATE:
    10-2-15 EMPLOYMENT OF RELATIVES OF VILLAGE EMPLOYEES:
    10-2-16 PROBATIONARY PERIOD:
    10-2-17 PERFORMANCE EVALUATION:
    10-2-18 PAY PLAN CLASSIFICATION:
    10-2-19 PAY PLAN:

ARTICLE 3, CONDITIONS OF EMPLOYMENT - EMPLOYEE RIGHTS
    10-3-1 PUBLIC EMPLOYMENT AS A PUBLIC TRUST:
    10-3-2 ATTENDANCE:
    10-3-3 UNAUTHORIZED ABSENCE:
    10-3-4 RELIEF PERIODS:
    10-3-5 MEAL TIME:
    10-3-6 TELEPHONE REQUIREMENTS:
    10-3-7 POLITICAL PARTICIPATION
    10-3-8 VOTING TIME:
    10-3-9 PUBLIC ANNOUNCEMENTS:
    10-3-10 BULLETIN BOARDS:
    10-3-11 TELEPHONE COURTESY:
    10-3-12 TRAVEL EXPENSES:
    10-3-13 DRESS AND APPEARANCE:
    10-3-14 VILLAGE VEHICLE USAGE:
    10-3-15 WORK SAFETY:
    10-3-16 EMPLOYEE PERMANENT RECORD:

ARTICLE 4, EMPLOYEE GRIEVANCES AND APPEALS
    10-4-1 OBJECTIVE:
    10-4-2 GRIEVANCE DEFINED:
    10-4-3 REPRESENTATION:
    10-4-4 CONFIDENTIALITY:
    10-4-5 GRIEVANCE PROCEDURE:
    10-4-6 APPEAL TO THE BOARD OF TRUSTEES:
    10-4-7 GRIEVANCE REGULATIONS:

ARTICLE 5, PROMOTIONS AND DEMOTIONS
    10-5-1 PROMOTIONS:
    10-5-2 DEMOTIONS:

ARTICLE 6, DISCIPLINARY ACTION
    10-6-1 NEED FOR DISCIPLINE:
    10-6-2 AUTHORITY TO DISCIPLINE:
    10-6-3 SOME CAUSES FOR DISCIPLINE:
    10-6-4 PRIVATE RIGHTS PROTECTED:
    10-6-5 FORMS OF DISCIPLINARY ACTION:
    10-6-6 RELIEF FROM DUTY:
    10-6-7 NOTIFICATION OF DISCIPLINARY ACTION:
    10-6-8 RIGHT OF APPEAL:

ARTICLE 7, TERMINATIONS
    10-7-1 TYPES OF TERMINATIONS:
    10-7-2 RETURN OF VILLAGE PROPERTY:
    10-7-3 TERMINATION PAY:
    10-7-4 RESIGNATION:
    10-7-5 JOB ABANDONMENT (UNAUTHORIZED ABSENCE):
    10-7-6 LAYOFF OR ABOLISHMENT OF POSITION:
    10-7-7 DISABILITY AND LAYOFFS:
    10-7-8 MEDICAL TERMINATION:
    10-7-9 DEATH:
    10-7-10 DISMISSAL DURING PROBATION:
    10-7-11 DISMISSAL OF REGULAR EMPLOYEES FOR CAUSE:
    10-7-12 EMPLOYEES INVOLVED IN JOB MISCONDUCT OR CRIMINAL ACTIVITIES
    10-7-13 EXIT INTERVIEW:

ARTICLE 8, PROHIBITIONS
    10-8-1 PROHIBITIONS:
    10-8-2 FRAUD/EMBEZZLEMENT:
    10-8-3 FINANCIAL CONFLICT OF INTEREST:
    10-8-4 DRUG AND ALCOHOL POLICY:
    10-8-5 FALSIFICATION OF APPLICATION:
    10-8-6 DISCRIMINATION:

ARTICLE 9, EMPLOYEE BENEFITS
    10-9-1 HOLIDAYS:
    10-9-2 LEAVE DEFINED:
    10-9-3 TYPES OF AUTHORIZED LEAVE:
    10-9-4 LEAVE APPROVAL:
    10-9-5 VACATION:
    10-9-6 VACATION ACCRUAL:
    10-9-7 PROBATIONARY EMPLOYEES:
    10-9-8 HOLIDAY DURING LEAVE:
    10-9-9 PAYMENT OF UNUSED VACATION LEAVE:
    10-9-10 SICK LEAVE:
    10-9-11 SICK LEAVE ACCRUAL:
    10-9-12 NOTIFICATION OF SUPERVISOR:
    10-9-13 PROOF OF REASON FOR ABSENCE:
    10-9-14 EXHAUSTION OF SICK LEAVE:
    10-9-15 HOLIDAY DURING SICK LEAVE:
    10-9-16 ABUSE OF SICK LEAVE:
    10-9-17 SICK LEAVE ON TERMINATION OR RETIREMENT:
    10-9-18 INJURY ON THE JOB LEAVE (WORKMEN'S COMPENSATION LEAVE):
    10-9-19 DEATH IN IMMEDIATE FAMILY:
    10-9-20 CIVIL LEAVE (JURY DUTY):
    10-9-21 ADMINISTRATIVE LEAVE:
    10-9-22 TYPES OF AUTHORIZED LEAVE WITHOUT PAY:
    10-9-23 MATERNITY LEAVE:
    10-9-24 PERSONAL LEAVE:
    10-9-25 LEAVE TO RUN OR HOLD A PUBLIC OFFICE:
    10-9-26 MILITARY LEAVE:
    10-9-27 GROUP HEALTH INSURANCE - LIFE INSURANCE:
    10-9-28 INSURANCE CLAIMS:

ARTICLE 10, EMPLOYEE PAY AND WORK PERIOD
    10-10-1 TERMINATED EMPLOYEES:
    10-10-2 RETURN OF VILLAGE PROPERTY:
    10-10-3 WORK PERIOD DEFINED - HOURS WORKED EACH PAY PERIOD:
    10-10-4 OVERTIME:
    10-10-5 HOLIDAY PAY:
    10-10-6 INITIAL PAY RATE:
    10-10-7 SALARY ON PROMOTION:
    10-10-8 SALARY ON ACTING APPOINTMENT:
    10-10-9 SALARY ON DEMOTION:
    10-10-10 SALARIES:
    10-10-11 STAND-BY:

ARTICLE 11, SEXUAL HARASSMENT AND SEXUAL MISCONDUCT POLICY
    10-11-1 VILLAGE POLICY REGARDING SEXUAL HARASSMENT:
    10-11-2 VILLAGE RESPONSIBILITY:
    10-11-3 POLICY IMPLEMENTATION:
    10-11-4 LEGAL DEFINITIONS AND GUIDELINES:
    10-11-5 PROHIBITED CONDUCT, SANCTIONS:

ARTICLE 12, RETIREE HEALTH CARE PROGRAM - OPTING OUT
    10-12-1 OPTING OUT OF THE RETIREE HEALTH CARE PROGRAM:

ARTICLE 13, PUBLIC EMPLOYEE LABOR RELATIONS
    10-13-1 REPEAL OF PUBLIC EMPLOYEE LABOR MANAGEMENT RELATIONS ORDINANCE:

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