Chapter 12.15
USE OF TOWN FACILITIES AND THE PLAZA*
Sections:
12.15.011 Prohibition and restrictions during events.
12.15.021 Space rental fee for use of plaza during Mesilla Mercado hours.
12.15.030 Facility and plaza rentals.
12.15.040 Additional requirements.
12.15.050 Authority of town official.
* Prior legislation: Ords. 92-11, 97-03, 2000-01, 2001-07, 2007-02, 2007-06, 2008-07, 2009-07 and 2010-05; prior code §§ 8-8-1 – 8-8-7.
12.15.010 Unlawful acts.
It is unlawful for any person to:
A. Attach any rope, chain or similar device to any plant for any reason or attach any animal to any vegetation.
B. Climb, walk, stand or sit upon any property not designed or customarily used for such purpose.
C. Ride a bicycle or horse on areas reserved for pedestrian use.
D. Rollerskate or ride skateboards on the plaza sidewalks and areas reserved for pedestrian use.
E. Insert spikes or any other objects in the plaza area (including sidewalks, bricks, light fixtures, monuments, etc.).
F. Drive vehicles on the parks and plaza sidewalks or on the grass area.
G. Block public parking or residential parking in or around the plaza or a park without prior written consent.
H Have an open flame of any kind (except approved cooking appliances, i.e., BBQ grills in town parks).
I. The sound level of music played on the plaza as per this subsection shall be considered in compliance with this chapter if the music is not audible on any plaza shop with the windows and door closed. [Ord. 2020-04 § 1]
12.15.011 Prohibition and restrictions during events.
A. No vendor shall display, or offer for sale, any weapon, knife, brass knuckles, or any other instrument which is designed for use as a weapon within the town limits.
B. No vendor shall display, or offer for sale, any spray paint, stink bombs, silly string, or other items that may be considered offensive within the town limits.
C. The sale and/or possession of alcoholic beverages is strictly prohibited at any fiesta or festival. The only exception will be within licensed premises permitted pursuant to state law.
D. Pet owners are required to keep their pets under control on a leash, and are also responsible for cleaning up after their pet. [Ord. 2020-04 § 1]
12.15.020 Fees.
Use of town facilities and plaza fees shall be adopted by resolution with automatic annual adjustments. [Ord. 2020-04 § 1]
12.15.021 Space rental fee for use of plaza during Mesilla Mercado hours.
A. All persons or entities doing business in the Mesilla Mercado shall pay the fees adopted by resolution with automatic annual adjustments.
B. The fee shall be paid to the town of Mesilla prior to March 15th of each year.
C. A business registration certificate will be issued upon receipt of the fees and any additional charges pursuant to MTC 5.05.040.
D. All Mesilla Mercado vendors shall sign and abide by the Mercado vendor rules and regulations by March 15th of every year. If rules are not followed, vendors are subject to removal from the market and will forfeit all costs paid to the town. [Ord. 2020-04 § 1]
12.15.030 Facility and plaza rentals.
All rentals of town facilities including the community center, plaza, and parks shall complete a form and pay deposit and fees prior to use.
The town reserves the right to block off town roads for events if there is concern of public health, welfare and safety of the citizens of the town of Mesilla.
Anyone desiring to reserve town facilities or the plaza for exclusive use must obtain permission from the town of Mesilla. A permit will be granted subject to the approval of the special events coordinator or the town clerk/treasurer as long as the following are met:
A. The proposed exclusive use shall not unreasonably interfere with general public enjoyment of town facilities or the plaza; and the proposed activity will not interfere with the promotion of public health, welfare and safety of the citizens of Mesilla.
B. The proposed activity is not anticipated to invite violence, crime, or disorderly conduct.
C. The proposed activity will not entail unusual expense for the town of Mesilla.
D. The town facility or plaza has not been reserved for other use at the time requested.
E. The town facility or plaza is suitable for the activity. [Ord. 2020-04 § 1]
12.15.040 Additional requirements.
A. If an application is approved, a cleaning deposit in the respective amount listed under MTC 12.15.020 will be required. This deposit will be refunded when town staff determines that the plaza or town facility is satisfactorily cleaned by the applicant. If the area has not been cleaned by the end of the established use period, the town will clean the area and withhold all or part of the cleaning deposit, depending on the time and personnel needed to clean the area.
B. The person or persons who rent a town facility or the plaza shall be liable for any loss, damage or injury sustained by any person for whatever reason.
C. The town requires the following before any plaza events take place:
1. A completed application submitted and approved by special events coordinator and/or the town clerk/treasurer. This must include the name, telephone number, and exact location where the individual in charge of the event can be reached day and night during the fiesta or festival.
2. Proof of comprehensive general liability insurance in a minimum amount as required by the tort claims limits of the state of New Mexico for events with more than 100 visitors.
3. Insurance rider that names the town of Mesilla as additionally insured for events with more than 50 visitors.
4. An adequate number of chemical toilets must be provided for both men and women for events with more than 100 visitors with wash stations. The applicant shall ensure that the portable toilets are cleaned daily and are maintained in a safe and sanitary manner.
5. A portable dumpster for the disposal of trash and garbage generated at the event shall be required for events with more than 100 visitors.
6. A special occupational license must be obtained for booths. Fee per booth is $25.00 for events with more than 100 visitors. (This applies to each function and each booth except for town fiestas or festivals.)
7. A five-pound ABC fire extinguisher shall be required of each vendor that prepares any food through the use of electrical or liquefied gas products. This requirement shall also apply to any other booth that uses both electrical and/or liquefied gas products for its operation. A two-and-one-half pound fire extinguisher shall be required of nonfood vendors.
8. Any use of the plaza for advertising purposes shall include an identification credit on the advertisement. [Ord. 2020-04 § 1]
12.15.050 Authority of town official.
The town official is empowered to enforce the provisions of this chapter, and to revoke or suspend the license of an applicant, or a special business registration, in the event that he shall deem that it is necessary to comply with this code, or in the interest of the health, safety and welfare of the town. Nothing in this section shall prevent the town official from closing any event at any time to maintain law and order. [Ord. 2020-04 § 1]
12.15.060 Penalty.
Any person found guilty of violating any of the provisions of this chapter shall be punished by a fine of not more than $500.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment, and each time this chapter is violated shall constitute a separate offense. [Ord. 2020-04 § 1]