This chapter is passed pursuant to that grant
of authority contained in NMSA § 4-37-1, and shall be commonly
referred to as the "Doña Ana County Graffiti Abatement Ordinance."
This chapter shall be effective and enforced consistent with state
law within the geographical boundaries of Doña Ana County,
excluding the territory within the boundaries of duly incorporated
municipalities.
It is the intent of the Board of County Commissioners,
by passing this chapter, to:
A.
Protect public and private property within the County
from defacement and loss in value by preventing, prohibiting and removing
graffiti vandalism.
B.
Establish an effective program for the prompt removal
of graffiti vandalism, including implementation of a procedure which
will allow the County to recoup some of its costs associated with
the graffiti abatement, in order to prevent the further spread of
graffiti and other criminal acts.
C.
Bring to justice those persons who violate the requirements
of this chapter, and to create a deterrent for others.
As used in this chapter, the following terms
shall have the meanings indicated:
Any unauthorized inscription, word, figure, drawing, painting,
writing or carving that is marked, etched, scratched, drawn, painted,
adhered, or otherwise applied to property, without the prior authorization
of the owner, regardless of the graffiti content, nature of material
used in commission of the act, or the nature of the material of the
property.
A County official whose job duties include interpretation
and enforcement of the provisions of this chapter.
Any implement capable of marking a surface to create graffiti,
including but not limited to spray paint, markers, gum labels, and/or
etching equipment.
Property to which graffiti has been applied, if the graffiti
is visible from premises open to the public, and if the graffiti has
not been abated within 15 days of the date of mailing of the notification
of potential graffiti nuisance property.
Decals, stickers, posters and other labels that adhere to
surfaces and cannot be removed in an intact condition and with minimal
effort.
Any person who holds title to the property or the legal right
to control the property, including the title holder's authorized representative.
The biological, step or adoptive parent of a minor with physical
custody of a child or the legal guardian of a child with physical
custody.
Any individual, firm, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee,
or other legal entity.
All public spaces, including but not limited to streets,
alleys, sidewalks, parks and public open space, as well as private
property to which the public is regularly invited or permitted to
enter for any purpose.
Any person who owns, operates or manages a store, stand,
booth, concession, mobile unit or other place at which sales of spray
paint are made to purchasers.
Any paint or paint-like coating substance which is dispensed
by the use of an aerosol spray device, whether or not containing a
toxic substance.
Without the permission of the property owner or operator,
or otherwise in violation of the provisions of County or state law.
