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)
