This chapter may be cited as the “Anti-Litter Chapter” and may be cited herein as “this chapter.”
(Ordinance 1993-11 adopted 10/12/93)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A litter storage and collection receptacle designed and constructed to hold and contain litter, so as to inhibit the dissemination of the litter and odors therefrom.
Any person who performs or supervises the performance of building, remodeling structures or development on private premises or public property.
The area within the boundaries of the county, including privately owned land and land owned by the United States, except the area within the limits of any incorporated municipality.
Wastes resulting from the handling, preparation, cooking and consumption of food and wastes from the handling, storage and sale of produce.
Includes, but is not limited to: asbestos and asbestos products; household hazardous waste; radioactive materials, as defined by the Atomic Energy Act of 1954, 42 USC, section 2011 et seq.; infectious materials; petroleum products; petroleum-contaminated materials; combustible materials; sludge; septage; sewerage materials; and those materials regulated by the New Mexico Hazardous Waste Act, NMSA, section 74-4-1 et seq., as amended, or any other federal, state or local statute, regulation or ordinance.
The county landfill and county transfer stations.
Refuse, garbage and any other material which has no reasonable domestic, commercial, industrial or recyclable use.
Playgrounds, recreational centers, golf courses or any other public areas in the county owned by the county or used by the public and devoted to active or passive recreation.
Any natural person, firm, association, partnership, corporation, company or organization of any kind.
Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mail box belonging or appurtenant to the dwelling, house, building or other structure.
Any and all streets, alleys or other public ways and all public parks, spaces, grounds and buildings.
A container which is owned and maintained by the county and designated to be used for disposal of refuse.
Paper, cardboard, aluminum, yard waste (including, but not limited to grass clippings, sticks, leaves and similar items) and white goods (large appliances such as refrigerators, stoves, washing machines and dryers).
Solid waste, except body wastes, including, but not limited to garbage, rubbish, ashes, petroleum products, dead animals, building materials, abandoned automobiles or parts thereof, solid market and industrial wastes, paper, cardboard, tin cans, dirt, wood, glass, crockery and similar material.
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 and tracks.
(Ordinance 1993-11 adopted 10/12/93)
(A)
(1)
No person shall deposit or cause to be deposited any litter on any public place or private premises within the county, except in:
(a)
Public receptacles, as further set forth herein;
(b)
Authorized private receptacles for litter disposal; or
(c)
Any duly licensed disposal facility, according to the procedures established for the disposal. No person shall upset or tamper with a public receptacle or an authorized private receptacle which is not his or her own, or cause its contents to be deposited or strewn in or upon any public place or private premises.
(2)
Nothing in this chapter shall prohibit persons from keeping recyclable material on their property, provided that the material is kept for purposes of recycling and that recyclable material is not kept on the owner’s premises for longer than 120 days.
(3)
No person, while the operator of or passenger in a vehicle, shall deposit or strew litter upon any public place or private premises. No person shall drive or move any vehicle within the county unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any public place or private premises.
(B)
The owner, tenant or person in control of any private premises shall:
(C)
(1)
No person shall deposit litter in any park within the county or on any county road, except in public receptacles and in 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 other public place or private premises.
(2)
Where receptacles are not provided, all litter shall be removed from the park by the person responsible for its presence and properly disposed of elsewhere in a lawful manner.
(D)
(1)
Each contractor shall be responsible for his or her job site in a manner that litter will be prevented from being carried or deposited by the elements upon any public place or private premises.
(2)
Litter or other debris, including dirt and mud, deposited as the result of normal construction process upon any public property or private premises, shall be immediately removed by the contractor or his or her agent.
(E)
The owner or person in control of any public place, including, but not limited to restaurants, shopping centers, fast food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations and hospitals and clinics shall, at all times, keep the exterior premises clean of all litter and shall take measures including daily cleanup of the premises to prevent litter from being carried by the elements to public premises or to private places. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of the exterior premises so as to permit it to accumulate litter thereon.
(Ordinance 1993-11 adopted 10/12/93 Penalty, see section 93.99)
(A)
(1)
Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner as to prevent litter from being carried or deposited by the elements upon any public place or private premises.
(2)
All litter on private premises that is subject to movement by the elements shall be secured by the owner or tenant of the premises before the same is allowed to be removed by the elements to private premises or to public places.
(B)
(1)
Every owner, occupant or tenant of a house or building used for residence, business or commercial purposes shall maintain litter collection and storage areas in a clean condition and ensure that all litter is properly kept in approved private receptacles.
(2)
Failure to so maintain clean litter collection and storage areas shall constitute a violation of this chapter.
(C)
All litter accumulated in the county shall be collected, conveyed and disposed of by the actual producers of litter or the owners of the private premises upon which litter has accumulated, who shall transport the litter to a licensed disposal facility, pursuant to section 50.25 et seq., as it may be amended or reenacted from time to time. However, nothing in this chapter shall prohibit any person from recycling, reusing or otherwise disposing of his or her refuse in any manner allowed by federal, state or local law.
(D)
Hotels, restaurants and other businesses and institutions shall take reasonable measures to assure regular and complete disposal of litter generated by the businesses. Where necessary to protect the public health, the county manager or his or her representative shall have the authority to require that more frequent disposals by any business or institution be made.
(E)
Commercial or business establishments which generate litter shall use proper authorized private receptacles, depending upon the volume and type of litter produced. Authorized private receptacles for garbage are required to be constructed of galvanized metal, built according to specifications accepted by the county manager.
(F)
(1)
All vehicles used in the removal, collection or transportation of garbage, refuse or litter shall be constructed and operated in a manner that will prevent any portion of material from leaking, spilling, falling or blowing out of the vehicles or onto any public highway or street, or on public places or private premises.
(2)
The vehicle being drawn or driven over the public ways or streets shall not be loaded above a point that will result in any portion of the contents being spilled or blown therefrom.
(H)
(1)
It shall be unlawful for any person to allow any litter to collect or accumulate on any private premises he or she owns, leases, manages or occupies within the county. Any unauthorized accumulation or collection is hereby declared to be a nuisance and is prohibited.
(2)
In the event the person fails to remove the accumulation or collection of refuse, the county manager may cause the same to be removed at the expense of the person.
(Ordinance 1993-11 adopted 10/12/93 Penalty, see section 93.99)
No person shall salvage and/or scavenge for litter or any other object at any time at any licensed disposal facility.
(Ordinance 1993-11 adopted 10/12/93 Penalty, see section 93.99)
(A)
A public nuisance is any act or inaction of any person within the county which impairs or endangers the health, life, safety or property of any person which:
(1)
Permits his or her private premises to become unsanitary or a fire threat by allowing any litter or unsafe matter to grow, accumulate or otherwise occupy and remain upon the premises; or
(2)
Allows junked vehicles, litter or other material to accumulate and remain upon the premises as a possible harborage for rats, snakes and other vermin, and as an attractive nuisance to children.
(B)
Any public nuisance is subject to abatement through the institution of an injunctive action or a motion for a restraining order, filed in a court of competent jurisdiction.
(Ordinance 1993-11 adopted 10/12/93 Penalty, see section 93.99)
No person shall paint, draw, write or otherwise mark upon walls, structures, improvements, utility support structures, sidewalks or other similar objects on private premises or on public places without the permission of the owner of the premises or, in the case of public places, the permission of the governmental entity that controls the property or place.
(Ordinance 1993-11 adopted 10/12/93 Penalty, see section 93.99)
(A)
Highly flammable or explosive material shall not be placed in containers for regular collection, but shall be disposed of as directed by the county manager at the expense of the owner or possessor thereof.
(B)
Hazardous materials and industrial process waste shall only be disposed at a appropriate disposal facilities in the county in accordance with directions given by the county manager, as provided for in federal, state and local statutes, regulations and ordinances.
(Ordinance 1993-11 adopted 10/12/93 Penalty, see section 93.99)
If the name of any person or other identification of a person is found on three or more pieces of litter taken on one occasion from a private premises or a public place and not from an authorized private receptacle or a public receptacle, then the evidence shall constitute prima facie evidence and presumptive proof of a violation of this chapter and the burden of going forward to establish a nonviolation of this chapter shall be on the person.
(Ordinance 1993-11 adopted 10/12/93)
(A)
Any person violating any provision of this chapter shall be fined as follows:
(1)
Up to $1,000.00 for discarding or disposing of litter on private premises or a public place in violation of this chapter;
(2)
Up to $5,000.00 for the improper or illegal disposal of hazardous materials or waste in any manner other than as provided for in the Hazardous Waste Act, NMSA, section 74-4, as amended; and/or
(3)
Not less than $50.00, nor more than $300.00, and/or imprisonment for up to 90 days, for each offense.
(B)
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ordinance 1993-11 adopted 10/12/93)