CHAPTER 91
NUISANCES; HEALTH AND SANITATION Revised 2/24
Section
Property Maintenance
91.02 Definitions Revised 2/24
91.03 Building and structure exteriors
91.04 Exterior premises and vacant land
91.06 Inoperable or abandoned vehicles
91.07 Littering Revised 2/24
91.09 Administration and enforcement Revised 2/24
Nuisances
91.20 Unlawful activity Revised 2/24
91.23 Abatement; removal of nuisance
Antifreeze Safety Ordinance
91.37 Bittering agent required in antifreeze
PROPERTY MAINTENANCE
91.01 FINDINGS AND PURPOSE.
(A) It is the purpose of this subchapter to promote the health, safety and welfare of the citizens of the city by protecting property from blighting and deteriorating conditions by establishing minimum standards governing the maintenance, appearance and conditions of all residential and non-residential premises.
(B) It is the purpose of this subchapter to enhance the beauty and quality of the environment; promote the conservation of natural resources; prevent the spread of disease and the creation of nuisances; and to provide for the abatement of public nuisances.
(C) In the interest of city residents, it is necessary to prohibit the accumulation of litter, refuse, rubbish or other solid waste, weeds, inoperable or abandoned vehicles on property, and water wastage within the corporate limits of the city by declaring such as public nuisances.
(D) This subchapter shall apply to all buildings, structures and lands within the city without regard to use, the date of construction, improvement or alteration.
(’87 Code, § 9-12-1) (Ord. 97-032)
91.02 DEFINITIONS. Revised 2/24
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ABANDONED VEHICLE. A motor vehicle which has remained for more than 48 hours in a condition described by one of the following:
(1) Without license plates or a temporary registration conspicuously displayed thereon; or
(2) With license plates which have an expiration date more than 90 days prior to the date of inspection.
AIRBORNE PARTICULATE MATTER. Material discharged into or suspended in the air in finely divided form, i.e., sand or dust.
AIRCRAFT. Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air including helicopters, lighter-than-air conveyances.
AUTHORIZED PRIVATE RECEPTACLES. A litter storage and collection receptacle as required in Chapter 50.
BLIGHT or BLIGHTED. Unsightly conditions including the accumulation of debris; fences characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; landscaping that is dead, characterized by uncontrolled growth or lack of maintenance, or is damaged and any other similar conditions of disrepair and deterioration regardless of other properties in the area.
CITY ENGINEER. The chief administrative engineer of the city or that engineer’s designee.
DEBRIS. Any substance of little or no apparent economic value, which may be present in accumulations in excess of six inches in height and 10 inches in diameter, including but not limited to deteriorated lumber, old newspapers, furniture parts, stoves, sinks, cabinets, household fixtures, refrigerators, car parts, abandoned or neglected equipment, or the scattered remains of items.
DETERIORATION. The condition or appearance of a building, structure or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.
DIGGING. Excavating or turning up the soil with a spade or other hand tool.
DUST. Very fine particles that become airborne due to wind, traffic and other human activity.
ENCLOSED STRUCTURE. A structure at least six feet in height or tall enough to eliminate the public’s view, including neighbors, of the interior and meets all applicable building codes.
EXPOSED TO PUBLIC VIEW. Any premises, or any building or any part thereof, which may be lawfully viewed by the public or any member thereof, from a sidewalk, street, alleyway, open-air parking lot or from any adjoining or neighboring premises.
EXTERIOR OF THE BUILDING. Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
EXTERIOR PROPERTY AREAS. Open space on the premises, on adjoining property and all sidewalks under the control of the owners or operators of the premises.
EXTERMINATION. The control or elimination of insects, rodents or other pests by recognized programs of integrated pest management which includes sanitation, harborage control and the use of approved pesticides and other legal pest elimination methods.
FENCES, SCREEN WALLS or RETAINING WALLS. Self-standing structures designed to provide semi-privacy, security or bank retention between grade separations.
FIRE HAZARD. Any thing or act which may increase or may cause any increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by the Fire Inspector, or which may obstruct, delay or hinder the prevention, suppression or extinguishment of fire.
FIRE INSPECTOR. Department of Public Safety personnel authorized to exercise the powers and duties required in administering and enforcing the city’s fire code.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food.
GRADING. Leveling the soil and the removal of vegetation.
HANDBILL. Any printed, reproduced or written matter, or any sample or device which advertises any business, commercial establishment, person, meeting, exhibition, theatrical performance or other activity, for the purpose of either directly or indirectly promoting the interest thereof; or which, while containing reading matter other than advertising matter, is predominantly and essentially for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser for distributor, however, “newspaper,” as defined herein, is not to be construed to be included within the definition of HANDBILL.
HAZARDOUS WASTE. Any chemical compound, mixture, substance or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the state, except that, for the purpose of this article, hazardous waste shall include household waste.
HEALTH HAZARD. The presence of any items which adversely impact or jeopardize the well-being or health of an individual. Such items include human waste, medical or biological waste, sharps, gaseous or combustible materials, radioactive waste, dangerous or corrosive chemicals or liquids, flammable or explosive materials, friable asbestos, offal and decay matter.
INFESTATION. The apparent presence of unpleasant, damaging or unhealthful insects, rodents, reptiles or pests.
INOPERATIVE or INOPERABLE VEHICLE. Any motor vehicle which by reasons of dismantling, disrepair or other cause is incapable of being propelled under its own power.
LANDFILL. An area of land or an excavation in which solid wastes are placed for disposal and that employs an engineered method that minimizes environmental hazards and meets the requirements of the state solid waste regulations.
LITTER. Decaying or non-decaying solid and semi-solid wastes, including but not limited to both combustible and non-combustible wastes, such as paper, trash, cardboard, waste material, cans, yard clippings, wood, glass, bedding, scrap paving material, discarded appliances, discarded furniture, dry vegetation, trees, which may harbor insect or rodent infestations or may become a fire hazard, and piles of earth mixed with any of the above foreign objects, including inoperable vehicles.
LOT. A parcel or tract of land, platted and placed on the Sandoval County Clerk’s record in accordance with applicable laws and ordinances, generally as a portion of a subdivision intended for development purposes, including public right-of-way.
MOTOR VEHICLE. Any wheeled vehicle which is self-propelled or intended to be self-propelled.
NEWSPAPER. Any newspaper of general or local circulation as defined by general law; any newspaper duly entered with the United States Postal Service, in accordance with federal statute or regulation; any newspaper filed and recorded with any recording officer as provided by general law; and in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
OCCUPANT. A person, persons or legal entity that, through rights of ownership or tenancy, has possession or the use and enjoyment of the subject real property.
OWNER. A person, persons or legal entity listed as the current title holder as recorded in the official records of the Sandoval County Assessor’s Office.
PREMISES. A lot, plot or parcel of land including the structures thereon.
PUBLIC NUISANCE. Creating, performing or maintaining anything affecting without lawful authority any number of citizens which is either injurious to public health, safety or welfare, or interferes with the exercise and enjoyment of public rights including the right to use public property.
PUBLIC PLACE. Any and all public parks, spaces, and grounds owned or under the control of the City of Rio Rancho.
PUBLIC PROPERTY. Any public building, facility, structure, parking lot, or enclosure used for a public purpose or as a place of public gathering, owned or under the control of the City of Rio Rancho.
PUBLIC RIGHT-OF-WAY. Paved or unpaved streets and adjoining public real property, alleys, drainage, gutter or other public easements and lined or unlined drainage channels which comprise the municipal storm drainage system.
REFUSE. Includes, but is not limited to, all putrescible and nonputrescible solid wastes (except body wastes) including ashes, waste or unwholesome material of any kind, street cleanings, dead animals, abandoned motor vehicles, vehicle parts and solid market and industrial wastes.
RESPONSIBLE PARTY. An occupant, lessor, lessee, manager, licensee or other person having control over a structure or parcel of land; and, in the case where the demolition of a structure is proposed as a means of abatement, any lienholder whose lien interest is recorded in the official records of the Sandoval County Assessor’s Office.
RUBBISH. Includes, but is not limited to, all nonputrescible solid wastes such as paper, cardboard, cans, wood, yard clippings, leaves, glass, bedding, crockery and other similar materials.
SCREENED AREA, EXTERIOR. An area separated by a permanent nonflexible device to completely conceal one element of a property from other elements or from adjacent or contiguous property. Examples include, but are not limited to, fencing six feet in height that is made from solid brick or chain link fencing with opaque slats.
SOLID WASTE. Includes, but is not limited to, any garbage, litter, refuse, rubbish, special waste, white goods, debris and other discarded materials originating from residential, commercial or industrial sources.
SPECIAL WASTE. Includes, but is not limited to, any solid waste which requires special handling or a special sign such as, but not restricted to, incinerator ash, infectious and noninfectious medical waste, petroleum products, hazardous waste, white goods and tires.
TILLAGE. Cultivating, plowing or turning over the soil.
VEGETATION. Plant life of any kind.
WATER. Water provided through the system through which the city receives its water or any extensions thereof, as well as through private wells and delivery systems.
WATER WASTE. The non-beneficial use of water that is supplied by any water supply system within the municipality.
WEEDS. Pigweed (lamaranthus retroflexus), Russian thistle (salsola pestifer), or ragweed (ambrosia spp.) commonly referred to as tumbleweeds. For the purpose of this subchapter, WEEDS shall also mean plants that, by reason of abandonment, lack of care or lack of maintenance, choke out growth of other plant material in the area, and dead, dying or unattended plant life, named or unnamed, which is abandoned or overgrown.
WHITE GOODS. Includes, but is not limited to, any major appliances, such as washing machines, clothes dryers, hot water heaters, stoves and refrigerators.
(’87 Code, § 9-12-2) (Ord. 97-032; Am. Ord. 03-023; Am. Ord. 23-28)
91.03 BUILDING AND STRUCTURE EXTERIORS.
(A) All exposed exterior surfaces shall be maintained so as to be free of deterioration that is a threat to health and safety, or shall not otherwise present a deteriorated or blighted appearance. Examples of the deterioration and blight include, but are not limited to:
(1) Stucco or paint that is deteriorated, indicated by peeling, flaking, cracked, blistering or mildew, resulting in exposed, bare unprotected surfaces over more than 30% of the exterior.
(2) Window screening that is not maintained in good condition.
(B) All structures on premises shall be safe, structurally sound and shall be maintained so that they do not constitute a hazard, blight or condition of disrepair. Examples of hazards, blight or conditions of disrepair are inclusive of, but not limited to leaning fences, fences that are missing numerous slats or blocks, graffiti, peeling paint, deterioration of paint or materials and rotting or damaged materials.
(’87 Code, § 9-12-3) (Ord. 97-032)
91.04 EXTERIOR PREMISES AND VACANT LAND.
(A) General land. All land, including exterior premises and vacant land, whether improved or unimproved, shall be maintained free from any accumulation of debris or blight, which includes, but is not limited to, graffiti on walls, fences or mail boxes, accumulation of litter, rubbish, refuse, waste material, bottles, paper, glass, cans, organic or inorganic material, inoperable or disabled vehicles, piles of mixed material, dry vegetation, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, lumber not neatly piled, lumber stored in front yards, scrap iron, tin and other metal not neatly piled, or anything whatsoever in which insects, rodents, snakes or other harmful pests may live, breed or multiply or which may otherwise create a health hazard.
(B) Streets, alleys and sidewalks. The owner and any other responsible party in control of any land abutting a sidewalk, alley or street shall maintain the sidewalk, alley or street area in the same manner as provided in division (A) above. The areas required to be maintained are as follows:
(1) Any portion of a street, which has been opened for public use, between the curb line and the abutting property line including sidewalks; provided that the owner, lessee or other person in control of any land utilized for single-family residential shall only be required to maintain public right-of-way areas not adjacent to collector or arterial streets.
(2) One-half of the width of abutting alleys from the property line to the center of the alley.
(C) Stored materials. It shall be unlawful to accumulate and store building material, lumber, boxes, cartons or other containers, machinery, scrap metal, junk, raw material, fabricated goods and other items in a manner as to constitute a public nuisance or rodent harborage.
(D) Exterior insect, rodent and animal control. All premises shall be kept free from insect and rodent infestation and other noxious pests. The provision shall not require action to disturb the natural activity of bees, rabbits or other insects and animals where the activity is not a danger or nuisance to any resident or residents of the area and where other applicable legal requirements are met.
(E) Drainage. All premises shall be maintained so as to prevent the accumulation of stagnant water when the water causes a hazardous or unhealthy condition, or becomes a breeding area for insects. This does not apply to city-approved retention basins or similar conditions.
(’87 Code, § 9-12-4) (Ord. 97-032)
91.05 VEGETATION.
(A) All exterior property areas which have been altered from their natural state or developed in any way, shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees which present a visual blight upon the area or which may harbor insect or rodent infestations, and dry vegetation which may likely become a fire hazard or result in a condition which may threaten the health and safety or the economic welfare of adjacent property owners or occupants. This requirement shall apply to the road right-of-way that abuts the property line on any side of any lot.
(B) The premises shall be free from weeds higher than 12 inches tall. All vegetation shall be kept from becoming overgrown and unsightly so as to constitute a public nuisance to any adjoining property.
(C) The approved methods of controlling weeds shall be mowing, cutting, digging or other methods designed to remove the weeds but not disturb other vegetation or unnecessarily disturb the soil. The grading and tillage of lots is prohibited unless written permission of the City Engineer has been obtained.
(D) The city shall be responsible for weed control on dedicated open space, drainage rights-of-way and improved right-of-way of arterial and collector roads, unless responsibility has otherwise been delegated, e.g., via a development agreement, development plan, zone map amendment, and the like.
(’87 Code, § 9-12-5) (Ord. 97-032)
91.06 INOPERABLE OR ABANDONED VEHICLES.
(A) Outdoor storage of inoperable or abandoned vehicles or parts thereof on the premises is prohibited. Inoperable or abandoned vehicles may only be stored on the premises within a building so as not to be visible from any adjoining property or public road. Vehicles shall not be used for storage or other purposes unless enclosed within a building on the premises.
(B)(1) This section shall not apply in an area where an activity is within the contemplated purposes of a duly licensed business with the appropriate zoning, or where vehicles are kept in an enclosed structure, or when vehicles are owned and actively being restored by the owner or tenant of the premises. A motor vehicle is being actively restored if within the last 30 days the owner has spent at least ten hours of labor in repairing, rebuilding or reconstruction of the motor vehicle. The burden shall be on the owner of the vehicle to prove that it is being actively restored which may include receipts for the purchase of parts and supplies during the last 30 days which have been installed on the vehicle.
(2) Any person, being owner or tenant, may store, permit to be stored or allow to remain upon his residential premises, any dismantled, partially dismantled or inoperative motor vehicle, or parts thereof, for a period not to exceed one month, if the motor vehicle is registered in the resident’s name; or
(3) One inoperable or abandoned vehicle may be stored upon property within the city when not within a wholly enclosed structure, if fully covered and placed in the side or back yard. Any vehicle must be at least five feet from any property line and at least five feet from any permanent structure.
(C) Any person violating this section may, in the event of hardship, request an extension of this subchapter’s compliance period by a written request to the City Development Director.
(D) This section shall not be construed to permit the parking or placement of inoperable or abandoned motor vehicles on any public street. Placement of inoperable or abandoned vehicles on any public street is subject to enforcement by the Department of Public Safety.
(’87 Code, § 9-12-6) (Ord. 97-032) Penalty, see § 10.99
91.07 LITTERING. Revised 2/24
(A) Litter in public places, public property, or public right-of-way. No person shall throw or deposit litter in or upon any street, sidewalk or other public place, public property, or public right-of-way within the city except in public receptacles, in city-approved receptacles for collection or at a state-approved sanitary landfill.
(B) Placement in receptacles; prevention of scattering. Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner as to prevent it from being carried or deposited by the elements upon any public or private place. Receptacles shall not be placed or positioned in a manner which may constitute a public nuisance or obstruction.
(C) Throwing or distributing handbills or newspapers.
(1) Handbills at public places, public property, or public right-of-way. No person shall throw or deposit any handbill in or upon any public place, public property, or public right-of-way within the city. However, it shall not be a violation of this subchapter for any person to hand out, without charge to the receiver thereof, any handbill to any person willing to accept it in public place, public property, or public right-of-way.
(2) Placing handbills on vehicles. No person shall throw, attach or deposit any handbill in or upon any vehicle.
(3) Distributing handbills or newspapers at private premises.
(a) Handbills may be placed or deposited in or upon inhabited private premises by these methods:
1. Handing or transmitting handbills directly to the occupant of the property then present in and upon the premises; or
2. Placing and depositing the handbills in a way as to secure the handbills from being blown or drifting about the premises or upon public place, public property, or public right-of-way.
(b) No handbill or newspaper shall be deposited upon or to any private premises if either of the following applies:
1. The private premises are temporarily or continuously uninhabited or vacant.
2. If required by any resident thereon not to do so, a sign no larger than one square foot with letters a minimum of one inch in size, must be placed on the premises in a conspicuous position near the front entrance. The sign must contain the words “No Solicitation,” “No Distribution,” “No Trespassing” or equivalent wording to indicate that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have the handbills left upon the premises.
(c) The provisions shall not apply to agencies of federal, state, county or city government, and regulated public utilities with respect to communications or distribution of materials with their customers concerning official business, e.g., distribution of all articles upon which United States postage has been paid, notices of violation, utility bills, telephone directories or package delivery notices.
(D) Dropping litter from aircraft. No person in aircraft shall throw out, drop or deposit any litter.
(E) Posting or affixing notices and posters. It shall be unlawful to post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamp post, public utility pole, street median, public right-of-way, tree in the public right-of-way, or upon any public property except as may be authorized or required by law.
(F) Unlawful dumping or disposal of solid waste. It shall be unlawful to dispose of solid waste in any manner other than as specified in Chapter 50.
(1) Unlawful to dump. It shall be unlawful for any person to place or dump solid waste or debris in any arroyo, stream bed, drainage ditch, public fountain or any public body of water within the boundaries of the city.
(2) Dumping on property. It shall be unlawful for any person to place or dump solid waste or debris on any property within the city whether owned by the person or not.
(3) Vacant lots or land. Vacant lots or lands which have been the subject of repeated dumping shall be secured to prevent future occurrences of dumping. Methods of securing vacant lots or lands must be approved and may include permanent fencing, ditch or berm, or placement of four-foot high posts at four-foot intervals. Signs stating “no dumping” shall be erected in accordance with applicable ordinances on vacant lands which have been subject to dumping on more than one occasion.
(4) Rebuttable presumption of violation. Whenever any litter is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this subsection.
(G) Transportation of solid waste. No person shall drive or move any vehicle within the city that has been loaded with solid waste unless the solid waste is covered or securely loaded in a manner to prevent littering.
(’87 Code, § 9-12-7) (Ord. 97-032; Am. Ord. 10-14; Am. Ord. 23-28) Penalty, see § 10.99
91.08 DUST CONTROL.
(A) No person shall discharge from any source whatsoever the quantities of airborne particulate matter which may cause injury, detriment, nuisance or annoyance to the public without taking reasonable precautions to prevent particulate matter generated by the activity from becoming airborne.
(B)(1) No person or person in control of any property shall disturb, move onto or remove soil from any area without utilizing every reasonable method, such as watering or the use of erosion control fencing, to limit the airborne particulate to the boundaries of the property.
(2) Where grading permits are required pursuant to § 153.07, the grading permit must be obtained from the City Engineer’s office before any soil or vegetation is disturbed. Dust control measures shall conform to drainage control, flood control and erosion control policies, standards, criteria and procedures established by the City Engineer. It shall be considered a violation of this section and grounds for cancellation of the grading permit if the work schedule, pollution prevention measures, and other relevant items are changed from those specified in the permits, unless the permittee has first obtained written approval of the City Engineer.
(’87 Code, § 9-12-8) (Ord. 97-032; Am. Ord. 01-020) Penalty, see § 10.99
91.09 ADMINISTRATION AND ENFORCEMENT. Revised 2/24
(A) Except as otherwise provided in this subchapter, the City Development Director, his designee and the code enforcement officers shall enforce this subchapter, which shall include the inspection of premises, the issuance of violations and the issuance of citations pursuant to Section 150.01, R.O. 2003.
(B) It shall be unlawful and a violation of this subchapter for the owner, builder, agent, lessee or occupant of any lot within the city to allow solid waste or debris to accumulate upon the property within the city, or to allow materials to accumulate and become in any way hazardous or injurious to public health or to obstruct pedestrian and vehicular traffic. Any responsible party who causes, permits, facilitates or aids or abets any violation of any provision of this subchapter shall be subject to enforcement as stated herein.
(C) Any person aggrieved by a violation or apparent violation of this subchapter may file a written complaint with the City Development Department, shall investigate the complaint and take action to have the violation penalized and removed, if the violation is found to exist.
(D) Any person violating the provisions of this subchapter may be issued a notice of violation or a citation to municipal court.
(1) A notice of violation is a warning which requires a reasonable time limit for abatement, which shall not be more than 15 days after the issuance of the notice of violation, except as otherwise provided in this subchapter. The notice of violation shall be written and shall be served by personal delivery or by certified mail to the person’s last known address, or by posting upon the property for 10 calendar days. Upon the failure to abate a violation pursuant to the issuance of a notice of violation, a citation to municipal court will be issued.
(2) A notice of violation warning for any offense governed by this subchapter shall also serve as warning notice to the violator that subsequent offenses, within a 12-month period, shall result in a court citation in lieu of additional notices of violation.
(E) In those instances where unauthorized or improper grading or tillage of a lot occurs, the person that caused the violation shall revegetate or restore the property to its prior state in accordance with a plan approved by the City Development Department Director.
(F) Upon the failure of any person to abate a violation of this subchapter, the city may require the removal or mitigation of the violation at the expense of the person who caused the violation or the person in control of a property. Any person who causes property damages to public places, public property, or public right-of-way shall be liable for the damage. The method for collection of costs to the city may include, but shall not be limited to, a lien pursuant to Section 3-36-1 et seq. NMSA 1978.
(’87 Code, § 9-12-11) (Ord. 97-032; Am. Ord. 03-023; Am. Ord. 23-28)
NUISANCES
91.20 UNLAWFUL ACTIVITY. Revised 2/24
It is unlawful to commit public nuisance. Public nuisance consists of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either injurious to public health, safety, morals or welfare, or interferes with the exercise and enjoyment of public rights including the right to use public places, public property, or public right-of-way. This may include, but is not limited to, the use of any electronic or mechanical device, including unmanned aircraft such as a drone.
(’87 Code, § 10-6-1) (Ord. 81-16; Am. Ord. 82-47; Am. Ord. 18-02; Am. Ord. 23-28) Penalty, see § 10.99
91.21 NUISANCES DECLARED.
In the interest of the inhabitants of the municipality, it is necessary to prohibit the accumulation of junk, trash and refuse on property within the corporate limits of the municipality by declaring the accumulation a nuisance. The following are hereby declared to be a public nuisance.
(A) Unoccupied premises. It shall be unlawful for any reason for any person to sweep, place or throw solid waste or other waste materials in or upon any sidewalk, street, alley or unoccupied premises.
(B) Unsanitary premises. It shall be unlawful for any person to permit or cause to remain in or about his premises any solid waste, weeds, motor vehicles not in operating condition, waste water or any conglomeration of residue thereof, which emits odors or serves as a feeding or breeding place for flies, insects or rodents. The accumulation of building materials, pipes, lumber or boxes may be maintained on the premises if the accumulation is evenly piled and stacked for a reasonable length of time.
(C) Hazardous premises. It shall be unlawful for any person to permit in or about his premises weeds, briars, brush or any other solid waste to become in any way hazardous or injurious to public health or to obstruct pedestrian and vehicular traffic.
(D) Obstruction of fire protection equipment. No person shall place or keep any post, fence, vehicle, growth, trash storage or other material or thing near any fire hydrant, fire department connection or fire protection system control valve that would prevent the equipment or hydrant from being immediately discernible or in any other manner deter or hinder the firefighters from gaining immediate access to the equipment or hydrant.
(E) Accumulation of solid waste.
(1) It shall be unlawful for any person to allow any solid waste to accumulate upon premises, owned, leased, rented or occupied by him during intervals between collection thereof, except in the manner herein provided.
(2) It shall be unlawful to deposit any solid waste in or upon the streets, alleys, sidewalks, gutters, curbing, storm sewers, parkways or vacant lots within the municipality, except in the manner and in the receptacles or container as provided herein.
(F) Solid waste receptacles. All solid waste receptacles shall be maintained in a clean and sanitary condition by the owner or person using the receptacle and the receptacles shall be located only in places as shall be readily accessible for removing and emptying the same, but shall not be placed in a place or position as may constitute a nuisance or obstruction to vehicular or pedestrian traffic.
(G) Outdoor vehicle storage; prohibited acts; exceptions.
(1) It is unlawful for any person, firm or corporation to store on, place on or permit to be stored or placed on, or allowed to remain on any occupied or unoccupied land within the municipal limits, a dismantled, partially dismantled, not properly registered, or inoperative motor vehicle, or any parts of a motor vehicle, except in areas where the activity is within the contemplated purposes of duly licensed businesses and are kept in a wholly enclosed garage or structure.
(2) Any person, being owner or tenant, may store, permit to be stored or allow to remain upon his premises, any dismantled, partially dismantled or inoperative motor vehicle, or parts thereof, for a period not to exceed one week if the motor vehicle is registered in his name; and provided further that any owner or tenant may, in the event of hardship, secure permission from the municipality to extend the period of time.
(3) As used in this section, the following terms shall have the following meanings:
(a) “Dismantled or partially dismantled vehicle” means any motor vehicle from which some part or parts which are ordinarily a component thereof have been removed or are missing.
(b) “Inoperative” or “inoperable motor vehicle” means any motor vehicle which by reason of dismantling, disrepair or other cause is incapable of being propelled under its own power.
(c) “Motor vehicle” means any wheeled vehicle which is self-propelled or intended to be self-propelled.
(4) This section shall be construed as being supplementary to any sections of this subchapter relating to rubbish, litter, refuse and shall not be construed to permit the parking or placing of dismantled, partially dismantled or inoperable motor vehicles on any public street.
(’87 Code, § 10-6-2) (Ord. 81-16; Am. Ord. 82-47) Penalty, see § 10.99
91.22 NOTICE AND COMPLAINT.
(A) Any municipal police officer, upon observing any violation of this subchapter, shall issue a notice directed to the owner of record of the property on which the nuisance occurs, or to the occupant or tenant of the property or both. The notice shall describe the violation and shall establish a reasonable time limit for abatement thereof by the owner occupant or tenants, which limit shall be not less than 2 days or more than 30 days after service of the notice. The notice may be served either personally or by registered mail at the owner’s or occupant’s last known address. (’87 Code, § 10-6-3)
(B) In the event the owner or occupant of the property where the nuisance violation of this subchapter exists, has failed, within the prescribed time, to abate the nuisance, then any municipal police officer shall file a complaint charging violation of this subchapter with the Municipal Court demanding that the owner of the property, or the occupant thereof, or both, be held to answer to the Court for the violation of this subchapter. (’87 Code, § 10-6-4)
(Ord. 81-16; Am. Ord. 82-47)
91.23 ABATEMENT; REMOVAL OF NUISANCE.
(A) In the event that a person is convicted of violating this subchapter and still refuses to remove the junk, trash or refuse, the municipality may enforce this section in any manner consistent with law.
(B) Should the person refuse or fail to pay the assessment, the municipality shall collect the assessment as provided by law.
(’87 Code, § 10-6-5) (Ord. 81-16; Am. Ord. 82-47)
91.24 INJUNCTIONS.
The Director of the Public Safety Department, when a nuisance exists as set forth in this subchapter, may maintain a complaint in the name of the municipality, perpetually, to enjoin all persons from maintaining or permitting the nuisance and to abate the same.
(’87 Code, § 10-6-6) (Ord. 81-16; Am. Ord. 82-47)
91.25 FERAL PIGEONS.
(A) The following acts are hereby declared a public nuisance and a violation under the ordinance codified in this section:
(1) Intentionally feeding feral pigeons on any property within the city; or
(2) Allowing the accumulation of pigeon excrement, nesting materials, pigeon carcasses and other pigeon related detritus on property owned, controlled or occupied by such person.
(B) Each act in violation of this section shall constitute a separate violation.
(C) Nothing in this section shall be deemed to prohibit:
(1) The maintenance of domesticated birds used for show or for racing, or injured pigeons that are kept at all times in cages or are otherwise prevented from creating a pigeon nuisance; or
(2) Setting out bird seed in bird feeders or otherwise provided to birds other than pigeons; provided, that the seed does not attract significant numbers of pigeons or create conditions that constitute a pigeon nuisance.
(Ord. 12-31)
ANTIFREEZE SAFETY ORDINANCE
91.35 TITLE.
The title of this subchapter shall be known and cited as the “Antifreeze Safety Ordinance.”
(Ord. 04-016)
91.36 FINDINGS; INTENT.
(A) The governing body of the City of Rio Rancho finds that antifreeze products which do not contain a bittering agent making them unattractive to children and animals detrimentally affects the health, safety and welfare of its citizens.
(B) The cost of adding such bittering agent is minimal.
(C) The public health, safety and welfare of its citizens would be improved by the addition of such bittering agents to antifreeze products.
(Ord. 04-016)
91.37 BITTERING AGENT REQUIRED IN ANTIFREEZE.
(A)(1) Any engine coolant or antifreeze sold in the City of Rio Rancho after December 31, 2004, and that contains more than 10% ethylene glycol, shall include denatonium benzoate at a minimum of 30 parts per million as a bittering agent within the product so as to render it unpalatable. Another aversive agent may be used if it meets or exceeds the degree of aversion in test subjects obtained by utilizing the formulation of 30 parts per million of denatonium benzoate in antifreeze. Any manufacturer or packager of a product subject to this section shall maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used pursuant to this subchapter. Information and documentation maintained pursuant to this section shall be furnished to any member of the public upon request.
(2) This section shall not be construed to apply to any of the following:
(a) The sale of a motor vehicle that contains engine coolant or antifreeze.
(b) Wholesale containers of antifreeze containing 55 gallons or more of the antifreeze.
(c) Antifreeze that was, prior to the effective date of this subchapter, in the possession of a retail merchant, possession of an automotive repair or similar business, or possession of a governmental unit within the City of Rio Rancho. The exemption provided by this division (A)(2)(c) shall expire on January 1, 2005.
(B) The exemption created in division (A)(2)(b) for containers of 55 gallons or more shall expire on December 31, 2004, unless any interested party can establish that eliminating the exemption is unfeasible or would unreasonably burden interstate commerce. The City of Rio Rancho may, by administrative rule or regulation, continue the exemption for containers of 55 gallons or more only to the extent necessary to avoid placing unreasonable burdens on commercial users of antifreeze.
(Ord. 04-016) Penalty, see § 91.99
91.99 PENALTY.
Each sale of antifreeze in violation of §§ 91.35 et seq. is a separate violation.
(Ord. 04-016)