This chapter, being necessary to secure the public health, safety,
convenience and welfare, shall be liberally construed to effect its
purpose.
(1981 Code, sec. 9-1)
The following words and terms shall have the meanings respectively
ascribed to them in this section:
A three hundred (300) gallon or six hundred (600) gallon
receptacle or dumpster, or a one hundred (100) gallon roll-out unit,
compatible with town collection vehicles.
An account which generates large volumes of waste (3 cubic
yards or more per week). Included in such category are restaurants,
food stores, clothing stores, schools, government agencies or entities,
newspapers, apartment condos, flower shops, hardware stores, gas stations,
motels, bars, hospitals, bowling alleys, etc.
A commercial account which shares a dumpster with one or
more commercial accounts.
Means and shall include every person, agency, firm or corporation
owning, operating or controlling any house, residence, shop, establishment,
hotel, restaurant, market, office, apartment or tenant house or any
place of business within the corporate limits of the town.
Any and all rejected or waste food, offal, swill, carrion,
wastepaper, trash, cans, yard clippings, leaves, cardboards flattened,
rubbish and waste or unwholesome materials of every kind and character,
but shall not include construction materials, stones, masonry, large
branches or lumber, or ashes which have not settled for at least one
week.
An account which generates waste from a house used as a residence
when such a building is detached from any other structure. Included
in such category are residential homes detached from another structure,
duplex, triplex, etc.
An account which generates moderate amounts of waste other
than food waste and manufacturing waste. Included in such category
are accountants, attorneys, insurance, realtors and other similar
offices, and gift shops, galleries, bookstores, laundromats, banks,
and other related merchandise stores.
(1981 Code, sec. 9-2)
No person owning or occupying any building, lot or premises
in the town shall suffer, allow or permit to remain upon said lot
or premises and [any] refuse except during intervals between regular
collections as hereinafter provided. No person shall transfer or dispose
of refuse in any manner other than as prescribed by this chapter,
or by state statutes and regulations. It is unlawful to deposit any
such refuse on the public streets, alleys or public ways except in
proper receptacles or to deposit it upon vacant lots in or out of
receptacles with intent to avoid its collection under the terms hereof.
(1981 Code, sec. 9-3)
It is unlawful for any person to burn any refuse or waste matter
within the incorporated limits of the town, with the exception that
weeds can be burned, provided that the person burning the weeds obtains
a permit from the town fire department.
(1981 Code, sec. 9-4)
A.
Required
to be provided.
Every owner or occupant of any premises
where refuse is created or accumulated shall provide upon such premises
a suitable place in which to locate and place a receptacle or dumpster
as provided herein.
B.
Maintenance
and location.
All garbage receptacles shall be kept in
a clean and good condition by the owner or person using same and such
receptacle shall at all times be located in such places as to be readily
accessible for removing and emptying the same, but shall not be placed
within the limits of any street or alley within the corporate limits
of the town, unless specifically permitted otherwise.
(1981 Code, sec. 9-5)
No cardboard, corrugated paper, fiber or wooden boxes, cases,
tubs, barrels or other containers having a cubic capacity equivalent
to ten (10) fluid gallons or more shall be put out for removal as
refuse for collection as such in the town without first being broken
up and collapsed as flat as possible and tied in bundles, and no such
bundles shall exceed fifty (50) pounds in weight or exceed four feet
(4') in length; provided, further, that tree limbs or other vegetation
of any kind shall be cut in length of not over four feet (4') and
tied in bundles not exceeding two feet (2') in diameter or fifty (50)
pounds in weight.
(1981 Code, sec. 9-6)
The manner in which refuse is collected and how containers are
assigned and used shall be an exclusive right of the town so long
as placement and collection of containers is both efficient and convenient
to the residents of the town.
(1981 Code, sec. 9-7)
The town, or its duly authorized agents, servants or employees,
shall have the exclusive right to gather and collect refuse within
the town and it is unlawful for any other person to collect or gather
refuse within the town. It shall further be required that all persons
in the town use the refuse collection system provided by the town
or its designee. This section shall not apply to any person hauling
clean sawdust, manure for fertilizer or waste from building operations,
rock, scrap building materials, or other trash resulting from construction
or major remodeling, if the same be hauled in a sanitary manner and
under reasonable regulations fixed by the town.
(1981 Code, sec. 9-8)
The town shall have the right to enter into a franchise collection
agreement or agreements for disposal of solid waste, refuse or garbage
with waste haulers in lieu of exercising the exclusive right described
in the previous section.
(Ordinance 18-13 adopted 2018)
An authorized franchise holder shall be entitled to charge and
collect a just and reasonable rate from all subscribers to the services
rendered by the franchise holder in collecting and disposing of garbage
and rubbish under its franchise agreement.
(Ordinance 18-13 adopted 2018)
The governing body of the town shall enter into a written franchise
agreement setting forth additional terms and conditions of the exclusive
garbage franchise, which terms and conditions shall not be in conflict
with the provisions of this code.
(Ordinance 18-13 adopted 2018)
A.
The
authorized franchise holder is entitled to charge its subscribers
the rates set forth in a written franchise agreement, as those rates
may be subsequently amended by action of the governing body of the
town.
B.
The
areas for which a rate has been established are delineated on a map
on file in the office of the town manager.
(Ordinance 18-13 adopted 2018)
All refuse shall be collected, removed and disposed of in such
manner as not to be needlessly offensive and filthy in relation to
any person, place, building, premises or highway.
(1981 Code, sec. 9-9)
A.
Every
owner of real property who accumulates or causes the accumulation
of refuse as defined in this chapter upon any premises within the
limits of the town must subscribe to the collection, hauling and disposal
of garbage pursuant to the provisions of this chapter.
B.
For
purposes of determining whether refuse service must be subscribed,
it is presumed that every single-family dwelling, any building containing
rooms for sleeping and overnight accommodations, every building or
dwelling unit with a kitchen facility, and every business which permits
food and drink to be sold, served or consumed upon the premises is
accumulating or causing the accumulation of garbage upon the premises.
(Ordinance 18-13 adopted 2018)
The franchise holder shall be entitled to adopt and enforce
the following billing procedures:
A.
Billing
for residential service shall be in advance for the charges allowed
by this code on a monthly basis, and such charges shall be due and
payable on the first day of each billing period. The franchisee is
authorized to establish procedures for collecting delinquent accounts,
including the right to collect security deposits.
B.
The
franchise holder shall bill for commercial service in advance on a
monthly basis, and such charges shall be due and payable on the first
day of each billing period. The bill or charge for commercial service
shall be delinquent if not fully paid on the last day of each monthly
period.
C.
Consistent
with New Mexico Statutes Annotated 1978, section 3-23-1(B), the town
may discontinue water service to a customer who has failed to pay
the fee established for refuse collection until the arrears with interest
and penalties have been fully paid.
(Ordinance 18-13 adopted 2018)
For the purpose of defraying the expense of providing a refuse
collection service, there is assessed against every person owning,
operating or controlling any house, residence, shop establishment,
hotel, restaurant, market, office, apartment, tenant house or other
place of business, refuse collection fees which shall be determined
and established by the town council by resolution from time to time,
and on file in the office of the town clerk. Such fee or fees shall
be payable at a place and time determined by the town, whether alone
or in conjunction with others.
(1981 Code, sec. 9-10)
It is unlawful for any person, whether a resident or nonresident
of the town, to empty or dump any refuse into a container which has
not been assigned to such person, or which has not been designated
for use to such person by the sanitation department of the town. Any
person found guilty of violating this section shall be subject to
the penalty provision contained hereinbelow.
(1981 Code, sec. 9-10.1)
Any person violating any of the provisions of this chapter shall
be guilty of a petty misdemeanor, and subject to punishment by fine
not to exceed three hundred dollars ($300.00) or by imprisonment in
jail not to exceed ninety (90) days or by both such fine and imprisonment.
Each day any such violation or failure to perform acts as required
in this chapter shall continue shall constitute a separate offense
and a separate violation of this chapter, unless otherwise specifically
provided.
(1981 Code, sec. 9-11)
