[HISTORY: Adopted by the City Council of the City of Las
Vegas 12-9-2020 by Ord. No. 20-13. Amendments noted where applicable.]
This chapter shall be known and cited as the "Weed and Anti-Litter
Ordinance" and referred to herein as "this chapter."
A.Â
The Weed and Anti-Litter Ordinance is intended to promote the general
health, safety and welfare of the residents and visitors of the City
by prohibiting the maintenance or accumulation of those plants determined
to be of major allergenic significance, or which constitute a fire
hazard when wind collected, or which otherwise present a hazard or
nuisance to inhabitants of the City. Further, this chapter intends
to promote the growth of native and other grasses and plants whose
root structures tend to aid in stabilizing the soil and reducing dust.
It is also the intent of this chapter that by prohibiting those methods
of plant removal and control which fail to differentiate between harmful
and helpful plants and which tend to create the still greater problem
of air pollution, the aforementioned purposes will be realized and
accomplished.
B.Â
This chapter is also intended to promote the general health, safety
and welfare of the residents and visitors of the City by prohibiting
the throwing, depositing or accumulation of litter in public places.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Any contrivance, now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and balloons.
A litter receptacle with a fireproof interior capable of
containing and withstanding fire.
A litter storage and collection receptacle as required and
authorized in the refuse collection regulations set forth herein.
The City of Las Vegas, New Mexico.
The City Manager or his authorized representative(s).
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product, commodity,
or thing; or
Which directs attention to any business or mercantile or commercial
establishments or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the private
benefit and gain of any person so engaged as advertiser or distributor;
or
Newspaper, as defined herein, is and to be construed to be included
within the definition of "commercial handbill."
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
"Garbage," "refuse" and "rubbish," as defined herein, and
all other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and in addition thereto shall mean and include
any periodical or current magazine regularly published with not less
than four issues per year and sold or provided at no cost to the public.
Any printed or written matter, any sample, or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet,
or any other printed or otherwise reproduced original or copies of
any matter of literature not included in the aforesaid definitions
of a "commercial handbill" or "newspaper."
An owner, agent, lessee or occupant or person having charge
or control of the property.
A park, reservation, playground, beach, recreation center,
zoo, golf course, or any other public area in the City, owned or used
by the City and devoted to active or passive recreation.
One or more persons, natural persons, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
of any kind capable of being sued.
Any dwelling, house, building, or other structure designed
or used, either wholly or in part, for private residential purposes,
whether inhabited or temporary or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant or such dwelling, house,
building, or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, sources, spaces, grounds
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, inoperative vehicles and appliances, and solid market and
industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, smoking products,
cardboard, tin cans, yard clippings, wood, glass, bedding, crockery,
and similar materials.
Any kind of combustible or vaporized matter which is inhaled
in the form of a cigar, cigarette, pipe or other such product containing
disposable matter.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
All rank, noxious, poisonous, harmful, unhealthful vegetation,
deleterious to health, and shall include but is not limited to the
following named plants:
Pigweed (Amaranthus retroflexus).
Russian thistle (Salsola pestifer).
Ragweeds (Ambrosia spp.).
Lambsquarter (Kenopodium spp.).
Kochia.
London rocket (Sisymbrium irio).
Flix weed (Descurainia sophia).
Tansy mustard (Descurainia pinnata).
Spurge.
Silverleaf nightshade (Solanum elaeagnifolium).
Puncture vine (goat heads).
Field bind weed (Convolvulus arvensis).
Purslane.
Hoary cress.
Yellow foxtail (Setaria glauca).
Green foxtail (Setaria Viridis).
The City Manager is hereby authorized and delegated the authority
and duty to determine if any other plants, due to their unhealthy
or dangerous attributes or consequences, should be placed on the list
of weeds as defined herein and shall put such plants on said list
if, after a hearing based on the evidence before the City Manager,
it appears that such plants do come within the meaning of the term
"weeds" as hereinbefore set out.
It shall be unlawful for any owner of any occupied or unoccupied
lot or tract of land within the City to permit or maintain on any
such lot or tract of land, including the area located between the
property line and the middle of the alley adjacent to the property,
and the area located between the property line and the curb, the area
of any curbs or sidewalks located on the property, and the area located
10 feet outside the property line where there is no curb, any growth
of weeds whose height, width or spread is greater than four inches,
or any accumulation of weeds and/or litter.
It shall be the duty of any owner of any occupied or unoccupied lot or tract of land to cut the weeds and remove the cuttings or any accumulation of weeds to be removed as often as necessary in order to comply with the provisions set out in § 290-4.
No person shall throw or deposit litter in or upon any street,
sidewalk, or other public place within the City except in public receptacles
or in authorized private receptacles for collection, or in a sanitary
landfill operated by the City or a county entity.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public or private place.
It shall be the responsibility of the person in charge of a
place of business to maintain the sidewalk area adjacent to his place
of business and his private parking area, if any, used by his patrons
for parking, in a reasonably litter-free, snow-free, and ice-free
condition. If, in the opinion of the City Manager, the amount of litter,
snow or ice in said areas amounts to a nuisance due to odors or eyesore
characteristics and/or amounts to a public safety issue, the City
Manager shall notify the person in charge to remove the litter, snow
or ice from the sidewalks and/or parking areas. The person in charge
of such business shall be responsible for removing the litter, snow
and/or ice as often as is necessary to prevent their becoming a nuisance
or public safety issue. In no event shall the litter located on sidewalks
and driveways adjacent to a place of business be allowed to be moved
into the gutters or streets of the City or any neighboring property.
No person shall sweep into or deposit in any gutter, street
or other public or private place within the City the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying property shall keep the sidewalk
and driveways abutting their premises clean and free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any private property, any street or other public
place within the City.
No person shall drive or move any truck or other vehicle within
the City unless such vehicle is so constructed or loaded as to prevent
any load or contents of litter from being blown or deposited upon
any street, alley or other private or public place.
No person shall throw or deposit litter in any park within the
City except in public receptacles and in such a manner that the litter
will be prevented from being carried or deposited by the elements
upon any part of the park or upon any streets or other private or
public place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere.
No person shall throw or deposit litter in any fountain, pond,
lake, stream, or any other body of water in a park or elsewhere in
the City.
A.Â
No person shall throw, post or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public places within
the City, nor shall any person hand out, post or distribute or sell
any commercial or noncommercial handbill in any public place; provided,
however, it shall not be a violation of this chapter for any person
to hand out or distribute, without charge to the receiver thereof,
any noncommercial handbill to any person willing to accept it in such
public places.
B.Â
It may be rebuttably presumed that the owner, manager, distributor,
provider or responsible party of any business, product or service
which is the subject of an illegally posted, thrown or deposited commercial
handbill has caused the commercial handbill to be posted, thrown or
deposited.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon or to any private premises, if requested
by anyone thereon not to do so, or if there is placed on said premises
in a conspicuous position near the entrance thereof a sign bearing
the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement"
or any similar notice, indicating in any manner that the occupants
of said premises do not desire to be molested or have their right
of privacy disturbed, or to have any such handbills left upon such
premises.
A.Â
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited, except by
handing or transmitting any such handbill directly to the owner, occupant,
or other person then present in or upon such private premises; provided,
however, that in case of inhabited private premises which are not
posted as provided in this chapter, such person, unless requested
by anyone upon such premises not to do so, shall have the authority
to place or deposit any such handbill in or upon such inhabited private
premises if such handbill is so placed or deposited as to secure or
prevent such handbill from being blown or drifted about such premises
or sidewalks, streets or other public places and except that mailboxes
may not be so used when so prohibited by federal postal law or regulations.
B.Â
Exemption for mail and newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States or
to newspapers as defined herein.
No person in any aircraft shall throw out, drop or deposit within
the City any litter, handbill or any other object.
No person shall post, place or affix or cause to be posted,
placed or affixed any commercial handbill, sign, notice, poster or
other paper or device calculated to attract the attention of the public
at any lamppost, public utility pole, street median, public right-of-way,
or shade tree, or upon any public structure or building, except as
may be authorized or required by law. This provision shall not apply
to signs relating to matters of public health, safety and welfare
posted, placed, or affixed by the City.
No person shall throw or deposit litter on any occupied private
property within the City, whether owned by such person or not, except
that the owner or person in control of private property may maintain
authorized private receptacles for collection in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any street, sidewalk, or other public place or upon any private
property.
The owner of any private property shall at all times maintain
the premises free of litter; provided, however, that this section
shall not prohibit the storage of litter in authorized private receptacles
for collection.
No person shall throw or deposit litter on any open or vacant
private property within the City, whether owned by such person or
not.
If the provisions of this chapter regarding removal of weeds
or litter are not complied with, the City Manager or his authorized
representative(s) shall notify the owner of any occupied or unoccupied
lot or tract of land to comply with the provisions of this chapter.
The notification to the owner of any such lot or tract of land shall
be in writing. In the event such owner of such lot or tract of land
cannot be determined or the owner shall be a nonresident of the City,
such notice may be served by posting a copy of the written notice
upon the premises.
If the provisions of this chapter regarding removal of snow
and/or ice are not complied with, the City Manager or his authorized
representative(s) shall provide written notice to the owner and/or
the person in charge of any occupied or unoccupied lot or tract of
land to comply with the provisions of this chapter. In the event such
owner or person in charge of such lot or tract of land cannot be determined
or shall be a nonresident of the City, such notice may be served by
posting a copy of the written notice upon the premises.
In those cases where the owner or person in charge of any occupied
or unoccupied lot or tract of land is a nonresident of the City or
cannot be determined and compliance with the provisions set forth
in the notice has not occurred within 10 days, the City Manager shall
cause such weeds or litter to be cut and the cuttings or any accumulation
of weeds or litter removed. In cases involving removal of snow and/or
ice, compliance shall be within two days. If the owner or person in
charge of any such lot or tracts of land is notified in writing as
provided and fails to timely comply with the provisions of this chapter,
the City Manager may cause such weeds or litter to be cut and the
cuttings or any accumulation of weeds or litter removed, or such snow
and/or ice to be removed or otherwise mitigated. In any event, should
it appear to be a matter of public necessity for health or safety
reasons, the City Manager may give notice that the weeds, litter,
snow or ice must be cut or removed immediately, in which event should
there be noncompliance the City Manager is authorized to cause such
weeds or litter to be cut and the cuttings or any accumulation of
weeds or litter removed immediately or to cause such snow and/or ice
to be removed or mitigated immediately. The actual cost of any work
performed by the City, plus any other penalties or costs allowed by
law in connection therewith, under any of the circumstances herein
set out, shall become a lien upon the property from which such weeds,
litter, snow or ice were removed.
The approved methods of controlling weeds shall be mowing, cutting,
digging, or other methods designed to remove the weeds but not disturb
other vegetation or unnecessarily disturb the soil. The scraping and
tillage of lots and tracts of land is prohibited unless permission
of the City Manager is first obtained, except that scraping and tillage
as part of normal construction activities or as ground preparation
for agriculture or landscaping activities shall be allowed. The City
Manager shall allow scraping and tillage of lots or tracts of land
when this will not detract from or violate the clear intent and purpose
of this chapter.
The owner may appeal the determination of the need for weed,
litter, snow or ice removal to the City Council by filing an appeal
within five calendar days of the date of service of the notice to
remove. Such request shall be made in writing and filed in the office
of the City Clerk. The appeal shall identify the property and state
the grounds for appeal together with all material facts in support
thereof. A filing fee of $50 shall accompany each appeal application.
When a hearing is requested, the City Clerk shall send written notice
by certified mail, return receipt requested, to the owner of the time
and place of the hearing. At the hearing, the owner shall have the
right to present evidence as to the alleged facts upon which the City
Manager based the determination of the need for removal and any other
facts which may aid the City Council in determining whether this chapter
has been violated. The City Council shall, following the hearing,
issue a written decision based on a majority vote of the City Councilors.
If the decision is that this chapter has been violated, the decision
shall set forth the time within which removal shall be completed.
This decision shall be served in the same manner as the notice to
remove.
The exclusive remedy for parties dissatisfied with the decision
of the City Council shall be the filing of a petition for a writ of
certiorari with the State District Court. The petition for review
shall be limited to the record made at the hearing held pursuant to
this chapter.
After said hearing, if removal has not been commenced or prosecuted
to completion with due diligence as required by the written hearing
decision, the City Manager shall commence removal.
No person shall dispose of any portion of a smoking product
except in public receptacles or in appropriate private receptacles.
Any smoking product previously lit shall be fully extinguished prior
to disposal.
A.Â
A. If any person violates any of the provisions of this chapter, excluding § 290-31, the City shall assess a fine for such violation. The mandatory amounts are as follows: first offense $500, second offense $750, third and each subsequent offense $1 000. Each day this chapter is violated shall constitute a separate violation.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
B.Â
Any person who violates the provisions of § 290-31 regarding smoking product litter shall be subject to the penalty provisions set forth in the Penalty Assessment Program of this Code of Ordinances, to include a mandatory minimum fine of $250. Any person deemed guilty of a subsequent violation of § 290-31 shall be subject to a mandatory minimum fine of $500 for each violation thereafter. Community service may be imposed in addition to any such fine but not in lieu of such fine. Every violation shall be a separate misdemeanor.
