A. 
Littering consists of discarding refuse:
1. 
On public property in any manner other than by placing the refuse in a receptacle provided for the purpose by the responsible governmental authorities, or otherwise in accordance with lawful direction; or
2. 
On private property not owned or lawfully occupied or controlled by the person, except with the consent of the owner, lessee or occupant thereof.
B. 
Whoever commits littering is guilty of a petty misdemeanor.
C. 
As used in this section the term “refuse” means any article or substance which is commonly discarded as waste or which, if discarded on the ground, will create or contribute to an unsanitary, offensive or unsightly condition. Refuse includes, but is not limited to, the following items or classes of items: waste food; wastepaper products; cans, bottles or other containers; junked household furnishings and equipment; junked parts or bodies of automobiles and other metallic junk or scrap; portions or carcasses of dead animals; and collections of ashes, dirt, yard trimmings or other rubbish.
(1981 Code, sec. 14-9)
A. 
Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land.
B. 
Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant thereof. Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts, by the posting of the property at all vehicular access entryways.
C. 
Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian thereof.
D. 
Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor, and he shall be liable to the owner, lessee or person in lawful possession for civil damages in an amount equal to double the value of the damage to the property injured or destroyed.
E. 
Whoever commits criminal trespass is guilty of a misdemeanor.
F. 
Whoever knowingly removes, tampers with or destroys any “No Trespass” sign is guilty of a petty misdemeanor; except when the damage to the sign amounts to more than one thousand dollars ($1,000.00), he or she is guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a definite term less than ninety (90) days or a fine not more than five hundred dollars ($500.00) or to both such imprisonment and fine in the discretion of the judge.
(Ordinance 12-16 adopted 2012)
A. 
It shall be unlawful for any person to lurk, lie in wait or be concealed upon the property of another without physical or lawful business with the owner or occupant thereof.
B. 
It shall be unlawful for any person to lurk, lie in wait or loiter on school grounds or any area immediately contiguous to school grounds.
(Ordinance 03-20 adopted 2003)
A. 
Wrongful use of public property consists of:
1. 
Knowingly entering any public property without permission of the lawful custodian or his representative when the public property is not open to the public;
2. 
Remaining in or occupying any public property after having been requested to leave by the lawful custodian, or his representative, who has determined that the public property is being used or occupied contrary to its intended or customary use or that the public property may be damaged or destroyed by the use; or
3. 
Depriving the general public of the intended or customary use of public property without a permit.
B. 
Permits to occupy or use public property may be obtained from the lawful custodian, or his representative, upon written application which:
1. 
Describes the public property to be occupied or used; and
2. 
States the period of time during which the public property will be occupied or used. The applicant shall pay in advance a reasonable fee or charge for the use of the public property. The fee or charge shall be prescribed by the lawful custodian, or his representative.
C. 
The lawful custodian, or his representative, may issue the permit if he believes that the use or occupation of the public property will not unreasonably interfere with the intended or customary use of the public property by the general public and that the use will not damage or destroy the public property.
D. 
Any person occupying or using public property under the authority of a permit shall submit to a search for firearms or other weapons and surrender any firearms or other weapons to any peace officer, who has jurisdiction, upon request.
E. 
As used in this section, “public property” means any public building, facility, structure or enclosure used for a public purpose or as a place of public gathering, owned or under the control of the state or one of its political subdivisions or a religious, charitable, educational or recreational association.
F. 
Any person who commits wrongful use of public property is guilty of a petty misdemeanor.
(1981 Code, sec. 14-107)
A. 
Criminal damage to property consists of intentionally damaging any publicly or privately owned real or personal property of another, without the consent of the owner of the property, when the damage to the property amounts to one thousand dollars ($1,000.00) or less.
B. 
Whoever commits criminal damage to property is guilty of a violation of this section.
(1981 Code, sec. 14-108)
A. 
Defacing tombs consists of either:
1. 
Intentionally defacing, breaking, destroying or removing any tomb, monument or gravestone erected to any deceased person or any memento or any memorial or any ornamental plant, tree or shrub appertaining to the place of burial of any human being; or
2. 
Intentionally marking, defacing, injuring, destroying or removing any fence, post, rail or wall of any cemetery or graveyard or erected within any cemetery or graveyard.
B. 
Whoever commits defacing a tomb is guilty of a petty misdemeanor.
(1981 Code, sec. 14-109)
It is a petty misdemeanor to deface, without the written consent of the landowner, any rock, any plant defined in section 76-8-1, New Mexico Statutes Annotated, 1978, or any dead or living tree within four hundred (400) yards of any public highway.
(1981 Code, sec. 14-110)
A. 
Placing injurious substances on highways consists of any person throwing, depositing or placing any glass, bottles, nails, tacks, hoops, wire, cans or any other material or substances upon any public highway which cause or which are likely to cause injury to any person, animal or vehicle traveling upon such public highway.
B. 
Whoever commits placing injurious substances on highways is guilty of a petty misdemeanor.
(1981 Code, sec. 18-1; Ordinance 97-51, sec. 1, adopted 1997)
A. 
It is unlawful to remove, destroy or interfere with any barrier, guard or light placed before or in any dangerous place near the streets, sidewalks or other public ways of the town for the purpose of warning or protecting travelers from injury or danger; provided that removal after the danger has ceased and temporary removal to allow the passage of a vehicle with immediate subsequent replacement shall not be considered unlawful.
B. 
Whoever commits removal of barricades is guilty of a petty misdemeanor.
(1981 Code, sec. 14-34)
A. 
Tampering with meters and illegal hookups consists of any person tampering with a water meter in such a way as to produce false water readings, or installing any type of bypass in order to avoid paying the established rates and charges for water services, or hooking up to the water or sewer system without notifying the town and paying the established fee therefor.
B. 
Whoever commits any of the above acts in subsection A of this section is guilty of a petty misdemeanor, which shall carry a minimum fine of one hundred dollars ($100.00), and a maximum fine of three hundred dollars ($300.00).
(1981 Code, sec. 20-1)
A. 
Tampering defined.
Tampering with hydrants consists of any persons other than town department personnel or town volunteer fire department personnel opening, or attempting to open, any hydrant valve or opening, or attempting to open, any hydrant cap.
B. 
Violation and penalty.
Whoever commits any of the above acts is guilty of a petty misdemeanor, which shall carry a minimum fine of one hundred dollars ($100.00), and a maximum fine of three hundred dollars ($300.00).
(1981 Code, sec. 20-2)
A. 
Findings and purpose.
1. 
It is the purpose and intent of this section to provide a procedure for the prevention, prohibition, and removal of graffiti from walls, structures or surfaces on public and private property. Therefore, the town council declares that the purposes of this section are to identify graffiti as a nuisance, to prohibit the inscription of any type of graffiti on any public or private property unless permission of the owner has been obtained in writing, to provide for abatement and removal of graffiti, to prohibit graffiti implements in public places, to control the storage and display of aerosol and broad tipped indelible markers, to develop reporting, to authorize rewards for the reporting of graffiti incidents and to provide penalties for anyone violating the provisions of this section.
2. 
Graffiti, when affixed or placed on property without obtaining permission of the owner of the property, is a crime as well as a public nuisance that tarnishes the image of our beautiful and historic town, causes neighborhoods to deteriorate, encourages other crimes, erodes property values, consumes town resources, and undermines the sense of well-being, safety, and pride of our citizens, damages the economy by creating an atmosphere where visitors and tourists do not want to visit or return to visit, and creates a public perception that the area is not safe.
3. 
The town finds and determines that graffiti is obnoxious, contributes to neighborhood deterioration, provides a communication system for gangs and vandals, damages property, constitutes a public nuisance, [and] must be abated immediately to avoid the detrimental impact of such graffiti on the town and its residents, to disrupt the communication system for gangs and other vandals, and prevent the further spread of graffiti. The town council finds that removal and eradication or minimizing the visual blight of graffiti is a public purpose.
B. 
Definitions.
For purposes of this section, the following definitions shall apply:
Abate.
To permanently remove or cover graffiti so that it is eliminated from public view.
Aerosol paint container.
Any aerosol container which is adapted or made for purposes of applying spray paint, or other substance capable of defacing property.
Graffiti.
The unauthorized inscriptions, words, figures, markings, [or] defacements, placed upon any property by means of painting, spraying, writing, marker, gum label, paint stick, graffiti stick, drawing, etching, carving, scratching or any other method, which are visible from any public street, sidewalk, alley, park or other public place, or from any other parcel of property.
Graffiti implement.
An aerosol paint container, felt tip indelible marker, gum label, paint stick, or graffiti stick, etching tool, or any other device capable of scarring or leaving a visible mark on glass, metal, concrete, wood or any other surface.
Marker.
Any broad tip indelible marker or similar implement with a tip, which, at its broadest width, is greater than one-eighth (1/8) of an inch, containing ink or other pigmented liquid, which is not water soluble.
Mural.
A painting or other graphic inscription of artistic expression and merit which is placed with the property owner’s express permission upon a wall or other surface area inside or outside commercial, industrial structures, residence, public open space, courtyard or other edifice.
Paint stick or graffiti stick.
Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, of leaving a mark.
Person.
An individual, corporation, business, estate, trust or business trust, partnership, association, two (2) or more persons having joint or common interest or any other legal entity.
C. 
Placement of graffiti designated as a criminal action.
1. 
Graffiti generally.
Graffiti consists of intentionally and maliciously defacing any real or personal property of another with graffiti or other inscribed material inscribed with ink, paint, spray paint, crayon, charcoal or the use of any object without the consent or reasonable ground to believe there is consent of the owner of the property.
2. 
Possession of graffiti implements prohibited in designated public places.
It is unlawful for any person to have in his or her possession any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building owned or operated by any federal, state, county, town or other political subdivision of the state within the corporate limits of the town or while in or within one hundred feet (100') of any underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the public entity.
3. 
Sale to minors prohibited.
It is unlawful for any person, other than a parent or a legal guardian, to sell, exchange, give, loan or otherwise furnish, or cause to permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or other lawfully designated guardian, which consent shall be given in advance in writing.
4. 
Storage and display of aerosol spray paint containers and broad tipped indelible markers.
a. 
Display restrictions.
It shall be unlawful for any person who owns, conducts, operates or manages a business where aerosol spray paint containers or broad tipped indelible markers are sold, or any person who sells or offers for sale aerosol spray paint containers or broad tipped indelible markers, to store or display, or cause to be stored or displayed, such aerosol spray containers and indelible markers in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition.
b. 
Employee assistance required.
Nothing herein shall preclude the storage or display of aerosol spray paint containers and broad tipped indelible markers in an area viewable by the public so long as such items are not accessible to the public without employee assistance.
c. 
Sale to minors prohibited; possession prohibited.
No person or firm shall sell or cause to be sold to any person under the age of eighteen (18) years, and no person under the age of eighteen (18) years may possess graffiti implements including, but not limited to, spray paint and broad tipped indelible markers.
d. 
Signage required.
Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers of spray paint or broad tipped indelible markers shall:
(1) 
Place a sign in clear public view at or near the display of such products stating:
GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY NOT HIS OR HER OWN WITH PAINT OR ANY OTHER LIQUID OR DEVICE IS GUILTY OF A CRIME PUNISHABLE BY IMPRISONMENT AND FINE OR BOTH BY STATE LAW AND TOWN ORDINANCE.
(2) 
Place a sign in the direct view of such persons responsible for accepting customer payment for aerosol containers of spray paint or broad tipped indelible markers stating:
THE SALE OF AEROSOL CONTAINERS OF SPRAY PAINT OR BROAD-TIPPED INDELIBLE MARKERS TO PERSONS UNDER 18 YEARS OF AGE IS A CRIME PUNISHABLE BY IMPRISONMENT OF UP TO 90 DAYS AND/OR A FINE UP TO $500.00 OR BOTH.
5. 
Graffiti a felony.
Whoever commits graffiti to real or personal property when the damage to the property is greater than one thousand dollars ($1,000.00) is guilty of a fourth degree felony and shall be required to perform a mandatory one hundred sixty (160) hours of community service within a continuous eight (8) month period immediately following his conviction and shall be required to provide restitution to the property owner for the cost of damages and restoration as a condition of probation or following any term of incarceration as a condition of parole.
6. 
Graffiti a misdemeanor.
Whoever commits graffiti to real or personal property when the damage to the property is one thousand dollars ($1,000.00) or less, or is found to be in possession of graffiti implements, is guilty of a petty misdemeanor and shall be required to perform a mandatory one hundred (100) hours of community service within a continuous six (6) month period immediately following his conviction and shall be required to make restitution to the property owner for the cost of damages and restoration.
7. 
Graffiti committed by more than one offender.
When a single occurrence of graffiti is committed by more than one individual, the court may apportion the amount of restitution owed by each offender in accordance with each offender’s degree of culpability.
D. 
The removal of graffiti is mandated.
1. 
Graffiti removal.
a. 
Notice to abate.
Whenever the town becomes aware of the existence of graffiti which is on private property within the incorporated limits of the town and visible from the public right-of-way, the town shall notify the property owner or person in control of the property that the graffiti should be abated within seven (7) days by notice of violation by certified mail, return receipt requested, or in person and then document notice, abatement being either by the property owner or person in control of the property at its expense or by the town at its expense.
b. 
Responsibility of property owners.
The property owner or person in control of the property may notify the town that the graffiti shall be abated within the next seven (7) days without the assistance of the town, especially in cases where the defacement is minimal. If the property owner or person in control of the property does not notify the town within seven (7) days of receipt of the notice that they will abate the graffiti or, alternatively, that it is not graffiti because the property owner authorized it, the town will abate the graffiti and bill the property owner cost of labor and supplies. If the property owner or person in control of the property does not notify the town within seven (7) days, the property owner or person in control of the property will be deemed to have consented to the town’s entry onto the property to abate the graffiti.
c. 
Violent, vulgar or obscene graffiti.
In cases where the graffiti is particularly violent, vulgar, or obscene, the town may abate immediately and determine whether to bill the property owner at a later date.
d. 
Failure to abate.
If the responsible party fails to abate the graffiti as required by the notice of violation, the town may proceed to abate the graffiti and bill the owner or responsible party for the costs thereof. In the event that the bill is not paid timely, a lien may be placed on the subject property until payment is made. The town, or its authorized private contractor, is expressly authorized to enter private property and abate graffiti thereon in accordance with this section. The town police department shall assist in the enforcement of this section.
e. 
Town not liable for quality of graffiti removal.
The town is in no way responsible nor assumes any liability in connection with covering of graffiti surfaces as to the quality, color, or longevity of such paint or other substances, nor is the town responsible or liable for the complete removal of any graffiti on surfaces with cleansers or other removal methods. Each private property owner has the option of removing graffiti itself pursuant to notification requirement in subsection D.1.b of this section.
f. 
Proof of ability to pay.
Any resident who cannot afford to abate the graffiti that has received a notice of violation to abate may request a hearing with the town to determine ability to pay prior to the town abating the graffiti. If the waiver is approved, the town will clean up the graffiti at no cost to the resident.
2. 
Graffiti incident reporting.
Incidents of graffiti should be reported to the town. All employees of the town have a duty to report incidents of graffiti to the town for investigation, cleanup and/or abatement.
(Ordinance 12-08 adopted 2012)