[HISTORY: Adopted by the City Council of the City of Las
Vegas 12-9-2020 by Ord. No. 20-14. Amendments noted where applicable.]
This chapter shall be known and cited as the "Riverwalk and
Park Ordinance" and referred to herein as "this chapter."
A.
The Riverwalk and Park Ordinance is intended to promote the general
health, safety and welfare of the residents and visitors of the City
by prohibiting squatters and prohibiting the access and use of the
Riverwalk and City parks or such other conduct which may present a
hazard or nuisance to the City's residents and visitors. Further,
this chapter intends to promote the management of the Riverwalk in
such a manner that is in the best interest of the City and its residents
and will protect the environment of the Riverwalk. It is also the
intent of this chapter that by prohibiting certain access and use
of the Riverwalk and City parks, the aforementioned purposes will
be realized and accomplished.
B.
This chapter is also intended to promote the general health, safety
and welfare of the residents and visitors of the City by creating
safe and healthy City parks and Riverwalk.
C.
The City Council may, by resolution, pass restrictions on the activities
of persons and entities within any Park Place, the Riverwalk, and
other City-owned and City-managed properties as it relates to the
use of such places, including without limitation parking, signage,
and other such matters.
[Added 8-10-2022 by Ord. No. 22-07]
For the purpose of this chapter, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
The City of Las Vegas.
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.
An area set aside for public use that is owned, controlled,
or used by the City, with or without facilities, for recreational
purposes, including, without limitation, all parks, playgrounds, recreation
facilities, Riverwalk, golf courses, trails, or any other public area
in the City devoted to recreation.
One or more persons, natural persons, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
of any kind.
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.
The entire area around the Gallinas River, including all
portions owned by the City, or such parts as the City has an interest
or otherwise is able to possess, use, occupy, access or control. Such
area shall include, without limitation, "an area 50 feet on either
side of a line following the center of the Gallinas River along its
meander downstream from Mills Avenue to the south limits of the City
of Las Vegas," as deeded on June 19, 1972, to the City of Las Vegas,
by the Board of Trustees of the Town of Las Vegas, administering that
certain land known as the "Las Vegas Land Grant." Such area shall
also include, without limitation, all property described in that certain
deed from the Atchison, Topeka and Santa Fe Railway Company to the
City of Las Vegas, recorded in the office of the San Miguel County
Clerk on November 24, 1982.
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.
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.
A.
It shall be unlawful for any person, corporation, association, organization
or any other entity whatsoever using or being located in any park
place or other City-owned space to either perform or permit to be
performed any of the following acts without express prior written
authorization in law or by the City:
(1)
To willfully mark, deface, litter upon, disfigure, injure, tamper
with, displace or remove any building, bridge, table, fencing, bench,
fireplace, railing, paving or paving material, water line (or other
public utility or part or appurtenances thereof), sign, notice or
placard, either temporary or permanent, monument, stake, post, boundary
marker, structure, equipment, facility, park property or appurtenance
of any nature, whether real or personal.
(2)
To cut, dig, pull up, destroy or in any manner injure any tree, shrub,
bush, vine, flower, grass or other plant or vegetation.
(3)
To throw, discharge, or otherwise place or cause to be placed in
the waters of any fountain, pond, lake, stream, or other body of water
in or adjacent to any park place, or within any tributary, stream,
storm sewer, or drain flowing into such waters, any litter, substance,
matter or thing, whether solid or liquid, which will or may result
in the pollution of said waters.
(4)
To bring in, dump, deposit or leave any bottles, broken glass, ashes,
paper, boxes, drug paraphernalia, cans, dirt, sleeping bags, tents,
litter, camping equipment, furniture, waste, or other items, and such
aforementioned things shall not be placed in any waters in or contiguous
to any park, or left anywhere on the grounds thereof, but shall be
placed in the proper receptacles where provided for or, where not
provided, shall be carried away from the park place by the person
responsible for its presence, and properly disposed of elsewhere.
(5)
To endanger the safety of any person by any conduct or act.
(6)
To be located, sit, lie down or sleep between the hours of 10:00
p.m. and 5:00 a.m.
(7)
To prevent any person or entity from using any park place, or to
interfere with such use in compliance with City code.
(8)
To swim, bathe, or wade in any waters or waterways in or adjacent
to any park place where such activity is prohibited by posting of
signs prohibiting such conduct.
(9)
To drive, operate or park any motor vehicle, trailer, camper or other
such recreational vehicles on or in any park place or City-owned or
-managed property except in areas maintained and marked as a public
street, driveway or parking area. The term "motor vehicle," as used
in this section, shall include automobiles, motorcycles, powered scooters,
electrical assisted bicycles, commercial vehicles and other powered
equipment which may be used for transportation.
(10)
To bring any dangerous animal into any park place or to permit
any dog to be in any of such areas unless such dog is on a leash of
not more than five feet in length.
(11)
To allow any dog or pet to defecate in any park place without
immediate removal and disposal of such material by the owner or person
having custody of such dog or pet.
(12)
To vend, sell, peddle or offer for sale any commodity or article
within any park place unless with express prior written authorization
from the City.
(13)
To paste, glue, tack, post, erect or cause to be erected any
sign, placard, advertisement or inscription of any nature on any public
places, lands, streets, or roads which are part of, or adjacent to,
a park place unless specifically authorized in writing by the City.
(14)
To conduct any amusement for gain or for which a charge is made
without the express prior written consent from the City.
(15)
To possess, sell, give, receive or consume any alcohol, or other
substance, that may physically or mentally impair the person consuming
the alcohol or other substance to the slightest degree, in any park
place or other facility operated or maintained by the City, except
as may otherwise be provided in this Code.
(16)
To kindle, use or maintain any fire in or upon any park place
other than at locations and in receptacles provided by the City for
such purpose, or to possess, discharge, ignite or explode any firework
in or upon any park place.
(17)
To injure, destroy, molest, capture or interfere with birds,
game, wildlife or other animals in or upon any park place, except
as may otherwise be provided in this Code.
(18)
To throw, cast or cause to move any stone or other missile within
any park place, except in areas set aside for the playing of games
in which missiles or other items are customarily thrown, and then
only to the extent customary in playing such games.
(19)
To operate a bicycle or any other mode of transportation in
a careless or reckless manner.
(20)
To use any park place, or to be on any roadway, while under
the influence of alcohol or under the influence of any substance that
may physically or mentally impair the person consuming the alcohol
or substance to the slightest degree.
(21)
To encroach upon City-owned, -leased or -managed property used
for a park place.
(22)
To place or leave any obstruction of any kind or nature, or
to dig or leave any excavation, in any part of any park place.
(23)
To camp, sleep or participate in squatting or adverse possession,
which shall include, without limitation, vehicles located in a park
place or other City-owned or City-managed property.
(24)
To park, stand or stop a recreational vehicle, trailer or towed vehicle for more than 90 minutes on any block where a Park Place or Riverwalk is located, with the definition of recreational vehicle to include a motor home or recreational vehicle as defined in NMSA Chapter 66, a vehicle classified as class A, class B, class C, truck classes four through eight or larger than eight , or a travel trailer, fifth wheel, pop-up or other such movable enclosed space. The City, in its sole discretion, may tow any recreational vehicle, trailer or towed vehicle, at the expense of the owner and not the City, for a violation of this section.
[Added 8-10-2022 by Ord. No. 22-07]
(25)
To locate a trash dumpster, roll-off or other such large container,
in an unenclosed area, on the same block where a Park Place or Riverwalk
is located.
[Added 8-10-2022 by Ord. No. 22-07]
B.
The following exceptions shall apply to the prohibited acts in this
section:
A.
Any person who violates one or more provisions of this Chapter 330, except those matters contained in § 330-99B, shall be guilty of criminal trespass. Every violation shall be a separate offense. Any person deemed guilty of more than one violation of this subsection may be barred from any park place by the City Manager for a period not to exceed one year.
B.
Any person who violates one or more provisions of this Chapter 330 regarding littering or disposal of any items prohibited by this Chapter 330 shall be subject to the littering penalty provisions set forth in the Penalty Assessment Program of the City Code. Community service may be imposed in addition to any such fine but not in lieu of such fine. Every violation shall be a separate offense.
