[HISTORY: Adopted by the Mayor and Council of the City of Española as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-26-2025 by Ord. No. 2025-03]
CAMP
To occupy an area for the purpose of establishing or maintaining a permanent or temporary place to live, or to occupy an area with an apparent intent to remain.
CAMP FACILITIES
Tents, huts and any other temporary structures or shelters.
CAMP PARAPHERNALIA
Tarpaulins, cots, beds, sleeping bags, hammocks, carts/shopping carts, cooking facilities and similar equipment.
ENCAMPMENT
An area where an individual or individuals have erected one or more tents or structures or placed personal items on public property with the apparent intent of remaining in that location for an indefinite period of time. An area will not be deemed an encampment merely because any individuals are present on public property or because individuals have temporarily placed personal items on public property.
PARK
Any area of land so designated and maintained by the city as a place of beauty or recreation or both.
PERSONAL PROPERTY
An item that is reasonably recognizable as belonging to a person.
PLAYGROUND AREA
The area in a park that contains playground equipment or structures for children's play, including the area under and around such equipment containing sand, wood chips, or other cushioned surfaces and bordered by concrete, wood, or other means of containing the materials.
UNLAWFUL CAMPING
Except as otherwise authorized by ordinance, it shall be unlawful for any person to camp or maintain an encampment, in any publicly owned area, including any street, sidewalk, right-of-way, park, or open space. It shall further be unlawful for any camper to refuse to remove an encampment from public land after notice in compliance with § 260-20.1 of City of Española Ordinance No. 2024-02. Failure to comply shall result in removal per the procedures in § 260-20.1E of City of Española Ordinance No. 2024-02. A person does not violate this article if the person is merely sitting, sleeping, or lying on public property on a temporary basis.
UNLAWFUL STORAGE OF PERSONAL PROPERTY
It shall be unlawful for any person to maintain personal property, including camp facilities or camp paraphernalia, on public property after that person has received a notice instructing them to remove the items.
It is unlawful for adults to use playground equipment reserved for children or to be in playground areas or within 50 feet of a playground area (exception being that if the 50-foot buffer extends beyond the park boundary), unless accompanied by a child under the age of 12.
It is unlawful within park boundaries to:
A. 
Camp, except for youth organizations having a permit issued by the City Manager.
B. 
Have shopping carts either empty or containing merchandise or belongings.
C. 
Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds, of any tree or plant or damage grass by leaving personal items in grass areas for extended periods.
D. 
Climb on, walk, stand or sit upon trees and the like, monuments, vases, fountains, railings, fences or any other property not designated or customarily used for such purposes.
E. 
Ride, tie or hitch a horse or other animal other than in permitted areas, only such animals as are thoroughly broken and properly restrained, ridden with due care, not be allowed to graze or go unattended or hitched to any tree or plant.
F. 
Hunt, molest, harm, frighten, tease, shoot or throw missiles at any animal, reptile or bird or remove or have in his possession the young of any wild animals, or the eggs or nest, or young of any reptile or bird except for poisonous reptiles such as rattlesnakes which may be killed on sight.
G. 
Give, offer or feed tobacco, alcohol, or other known noxious or injurious substances to any bird or wild animal.
H. 
Dump, deposit, leave or allow any broken glass, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or other trash anywhere unless placed in proper receptacles or removed to proper receptacles elsewhere.
I. 
Possess any glass container.
J. 
Have or ride a bicycle on other than paved vehicular roads or paths designated for the purposes.
K. 
Leave a bicycle in a place other than a bike rack when provided and space being available.
L. 
Have a motorized vehicle.
M. 
When applicable, fail to comply with City traffic ordinances.
N. 
Possess for the purpose of hunting, trapping or pursuing wildlife at any time, firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any instrument that can be loaded with, and fire blanks, cartridges, or any kind of trapping device.
O. 
Prevent or interfere with people's lawful use of any park or park facilities.
P. 
Leave a picnic area without placing all trash in available receptacles or removing for proper disposal elsewhere.
Q. 
Leaving the picnic area before the fire is completely extinguished.
R. 
Except in areas set apart for such; engage in activities that involve thrown or otherwise propelled objects such as hard balls, stones, arrows, javelins, model airplanes or other objects capable of inflicting injury.
S. 
Except in areas specifically designated, roller skating.
T. 
Engage in vending unless with a valid City permit.
U. 
Display any advertisements, banners, signs, placards, subscriptions or the like, unless by a City licensed concessionaire.
V. 
Have dogs except on leash, be in full control of and in close proximity to the dog at all times and immediately clean up dog nuisances.
W. 
Remain in, occupy or use any park other than during the hours 6:00 a.m. until 10:00 p.m.
Any person who violates this article shall be deemed guilty of a petty misdemeanor and, upon conviction thereof, shall be subject to penalty provisions set forth in the City of Española Code.
If any section, paragraph, sentence, clause, word or phrase of this article is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article. The Council hereby declares that it would have passed this article and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
Upon conviction of any violation of this article the person is subject to a penalty not to exceed 90 days in jail, a $500 fine, or both.