Rio Communities Council to soon consider changes to two ordinances

RIO COMMUNITIES — The city of Rio Communities is beginning the review of two ordinances to update and improve its laws.

City manager Martin Moore said staff is going to be reviewing the municipality’s animal control and sexually-oriented businesses ordinances.

In regards to the animal control ordinance, he said there have been concerns raised about the law, which has led to a need for a review.

“We are going to be looking at the ordinance. We are not talking about a draft that is ready right now,” Moore said. “This is a process we are ready to start to make sure we engage the public and give opportunities for input.”

During a recent Rio Communities City Council meeting, city residents Michelle and Darrell Kinsley both spoke about the ordinances, with Michelle saying animals are an important part of children learning to take care of something.

“Also, people have lost their animals because they couldn’t afford fees for licenses,” she added.

Her husband, Darrell, said there might be a situation where several members of a family might need a service dog.

“You need to make sure you are not going to separate someone from their service animal,” he said. “It’s not something to brush aside.”

Dick Irvine, a resident of Rio Communities, said the city “shouldn’t be able to say how many dogs someone can have so long as they take care of them.”

The current city ordinance only allows for four animals — cats and dogs combined — older than three months per household.

Both Michelle and Darrell said they had seen what sexually oriented businesses have done to other communities and urged the council to take precautions.

Moore said the only reference to that type of business is in the city’s Commercial 3 zoning code.

“It doesn’t have much else in the way of requirements or restrictions,” the manager said. “The door is open if we don’t fix the ordinance. We have less ability to say what can happen. To have proper controls, we have to have our ordinance updated and current with New Mexico and federal statutes.”

He continued, saying no specific business has approached the city, but “out of an abundance of caution we are starting this process. In New Mexico statute, we can regulate time, place and manner. Any members of the council and community with concerns and ideas, please bring them forward. We are very concerned about doing right by the city and its residents.”

The city’s current zoning ordinance defines an adult entertainment establishment as “a business that either directly or indirectly provides sex-related entertainment products and service solely to an adult.”

In the C-3 section, adult entertainment use is listed as a conditional use requiring planning and zoning commission approval.

An adult entertainment use includes uses such as adult bookstores, adult movie theaters, adult magazine racks (no public display of adult pictures or materials that are visible outside the building is permitted) and other adult entertainment as defined in Article 4-19-2 of the code. The city’s zoning ordinance doesn’t contain an Article 4.

An adult entertainment use must be at least 300 feet from the property line of any school, church, public park or recreation facility or residential zoning district.