[Adopted 2-27-2007 by Ord. No. 228-07]
NMSA § 4-37-1 provides that all counties
are granted the same powers of municipalities, and included in this
grant of powers are those powers necessary and proper to provide for
the safety, preserve the health, promote the prosperity, and improve
the morals, order, comfort and convenience of Doña Ana County
and its inhabitants. The health, safety, and welfare of the residents
of Doña Ana County requires the regulation of abandoned, wrecked,
dismantled or inoperative motor vehicles within Doña Ana County.
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
Any motor vehicle that does not display a current license
plate and is left unattended for a period exceeding 72 consecutive
hours.
Any motor vehicle that has been disassembled to any degree
which renders it inoperable.
Any motor vehicle incapable of operation upon any street
or highway in compliance with the laws of this jurisdiction.
Any vehicle that is designed to be self-propelled and travel
along the ground and includes but is not limited to automobiles, buses,
motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts,
golf carts, recreational vehicles, and motor homes.
Any real property within the County that is privately owned
and that is not public property, as defined in this section.
Any street or alleyway or right-of-way or parkway or highway,
which shall include the entire width between the boundary lines of
every way publicly maintained for the purposes of vehicular travel,
and also means other publicly owned property or facilities.
Any motor vehicle that is disabled or in a state of ruin
or dilapidation which renders it inoperable.
A.
No person shall park, store, leave or permit the parking,
storing, or leaving of any motor vehicle of any kind which is abandoned,
or which is in a wrecked, dismantled, partially dismantled, or inoperative
condition, whether attended or not, or parts of any such vehicle,
upon any private or public property within the County for a period
of time in excess of 72 hours. The presence of an abandoned, wrecked,
dismantled, partially dismantled, or inoperative vehicle or parts
thereof on public property or private property in violation of this
article is declared a public nuisance.
B.
Exceptions.
(1)
The prohibitions in this section shall not apply to
any vehicle or parts thereof within an enclosed area and out of public
view on private property, or to any vehicle or parts thereof held
in connection with a business enterprise that is lawfully licensed
by the County and properly operated in the appropriate business zone
pursuant to Chapter 250, Land Use and Zoning, of the County Code.[1]
(2)
The prohibitions in this section shall not apply to
any vehicle used for farming purposes that is located on land zoned
for agricultural uses, nor to any vehicle associated with organized
racing if the vehicle is actively and regularly involved in racing
events.
(3)
The prohibitions in this section shall not apply to
any vehicle for which the owner has obtained a permit for the restoration
of the vehicle upon payment of a reasonable permit fee to be established
by Resolution of the Board of County Commissioners. Such permit shall
specify the type of vehicle to be restored, the location where the
vehicle will be kept during restoration, and the time period requested
for restoration. Provided, that in no event shall the time allowed
for restoration exceed 18 months and that no more than two permits
per location may be issued and outstanding at any one time.
A.
The owner of an abandoned, wrecked, dismantled, partially
dismantled, or inoperative vehicle parked, stored, or left in violation
of this article, and the owner or occupant of any private property
on which such vehicle is located, either, or all of them, shall be
presumed responsible for parking, storing, or leaving such vehicle
in violation of this article and shall be responsible for its removal.
B.
If the abandoned, wrecked, dismantled, partially dismantled,
or inoperative vehicle is located on public property in violation
of this article, the owner of the vehicle or his agent shall be presumed
responsible for parking, storing, or leaving such vehicle and shall
be responsible for its removal from public property.
C.
If the abandoned, wrecked, dismantled, partially dismantled,
or inoperative vehicle is located on public property in violation
of this article, notice shall be given to the registered owner of
the vehicle or his agent, by posting a copy of such notice on the
vehicle which is located on public property and by sending a copy
of the notice to the registered owner or his agent by certified or
registered mail with a return receipt. The notice shall contain a
request to remove the abandoned, wrecked, dismantled, partially dismantled,
or inoperative vehicle within 10 days and shall advise the owner or
agent that upon failure to comply with the notice to remove, the County
or its designee, which may include a wrecker service, shall undertake
such removal, with the cost of removal to be levied against the owner
of the vehicle or his agent.
D.
Within 48 hours of the removal of an abandoned, wrecked,
dismantled, partially dismantled, or inoperative vehicle from public
property, notice shall be given to the registered owner of the vehicle
or his agent that the vehicle has been impounded and stored for violation
of this article. The notice shall give the location where the vehicle
is stored and the costs incurred by the County for removal.
E.
If notice cannot be given pursuant to this section,
notice shall be given by publication once in a newspaper of general
circulation in the County as soon as practicable after reasonable
and diligent efforts to give notice as provided in this section prove
fruitless.
F.
If, in the opinion of a certified law enforcement officer, an abandoned, wrecked, dismantled, partially dismantled, or inoperative vehicle is located on public property in such a manner as to constitute an immediate and serious danger to the life or property of motorists traveling on the public right-of-way, the vehicle may be immediately moved or removed by the County without the notice specified in Subsection C above, provided that notice is sent to the registered owner in compliance with Subsection D or E above.
[Amended 9-27-2011 by Ord. No. 235-2011]
The provisions of this article may be enforced by issuance of a criminal summons and complaint, or by criminal citation, in any court of competent jurisdiction, including Magistrate Court. Violation of any provision of this article constitutes a petty misdemeanor and upon conviction shall be punishable as set forth in Chapter 1, General Provisions, Article III, General Penalty.
In addition to criminal enforcement and penalties,
and the process for removal of vehicles located on public property,
provided for above, the provisions of this article may be enforced
through injunction, abatement, or any other appropriate civil action
or proceeding brought in any court of competent jurisdiction, to prevent,
abate, or otherwise remedy a violation of this article.
