[HISTORY: Adopted by the Board of County Commissioners of
Otero County 4-15-2003 by Ord. No. 03-08. Amendments noted where
applicable.]
STATE LAW REFERENCES
Counties; powers; ordinances — See NMSA 1978,
§ 4-37-1 et seq.
Enforcing county ordinances; jurisdiction — See
NMSA 1978, § 4-37-3.
Nuisances and offenses; regulation or prohibition — See
NMSA 1978, § 3-18-17.
Motor vehicle definitions — See NMSA 1978, § 66-1-4.8C.
Abatement of a public nuisance — See NMSA 1978,
30-8-8.
Notification forms; copies; resale of salvaged vehicle or motor
vehicle — See NMSA 1978, § 66-3-115.
Disposal of abandoned vehicle or motor vehicle — See
NMSA 1978, § 66-3-121.
Licensing of dealers and wreckers — See NMSA
1978, § 66-4-1 et seq.
Storage provisions for historical or special interest vehicles — See
NMSA 1978, § 66-11-3.
A.
This chapter shall be known and cited as the "Otero County Junked
Vehicle Ordinance."
B.
This chapter applies to all residents, businesses, visitors and transients
within Otero County, New Mexico, and does not exclude any individual,
group, organization, agency, business, visitor, transient or other
person not residing within the County who may be in violation of this
chapter within the County.
C.
The Board of County Commissioners has determined, pursuant to NMSA
1978, § 4-37-1 et seq., and § 3-18-17A, that in
the interest of public health, safety and welfare, the possession,
location and disposal of junked vehicles within Otero County should
be regulated by this chapter.
For the purpose of this chapter, the following terms, phrases,
words, and their derivation shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
A vehicle or motor vehicle that has been determined by a
New Mexico law enforcement agency:
An individual, association, corporation, partnership or other
legal entity which buys or otherwise acquires, maintains, shows, restores,
sells, dismantles, or otherwise disposes of antique or special interest
vehicles for the purpose of maintaining one or more antique and/or
special interest vehicles for reasons of historical interest, provided
that such collector has registered as such with the Otero County Administrator's
office.
A vehicle of any age that, because of its significance, is
being collected, preserved, restored or maintained by a collector
as a leisure pursuit.
Any motor vehicle, other than an historical or special interest
vehicle, as defined in NMSA 1978, § 66-1-4.8C, which:
Is dilapidated or has been abandoned;
Is inoperative;
Has been continuously inoperative for a least 120 days or has
been wrecked, dismantled, or partially dismantled;
Does not bear a valid, unexpired license plate; and/or
Does not meet minimum safety standards for operation on the
public streets and highways of the State of New Mexico.
The individual, association, corporation, partnership, or
other legal entity legally in possession of the premises where a junked
vehicle is located.
The Otero County Sheriff who is designated by this chapter
to enforce its provisions. The Sheriff may designate an agent and/or
Deputy Sheriff or Sheriffs for the purpose of enforcing the provisions
of this chapter who shall have all of the authority of the Sheriff
under this chapter.
A.
Pursuant to NMSA 1978, § 4-37-1 et seq., and § 3-18-17A,
the Board of County Commissioners of Otero County finds and declares
that junked vehicles which are located within the County on any private
or public lot, tract, parcel of land, or portion thereof, occupied
or unoccupied, improved or unimproved, and which are visible from
any public place, including, but not limited to, public rights-of-way,
parks, public buildings and their grounds, and private business or
commercial property open to the public in the normal course of business,
are detrimental to the safety and welfare of the general public. Such
junked vehicles reduce the value of private property, invite vandalism,
constitute fire hazards, and are attractive nuisances, posing a threat
to the health and safety of children. Junked vehicles are detrimental
to the economic welfare of the County by producing urban blight which
is adverse to the continuing economic development of the County.
B.
In view of these findings and determinations, the Otero County Board
of County Commissioners hereby declares the above-described junked
vehicles to be public nuisances and further declares that it shall
be unlawful to store, keep or maintain any junked vehicle in Otero
County.
Upon receiving a report of the existence of a junked vehicle,
the Sheriff may serve a citation to the owner or occupant of the premises
upon which the junked vehicle rests. The citation shall be on the
form approved for use in traffic violations within the County. The
citation shall command the occupant to appear in Magistrate Court
to plead to the charge of violation of this chapter. Any party who
makes a complaint in Magistrate Court must appear in that court to
testify regarding the complaint he has filed. Failure to appear is
grounds for dismissal of the complaint. The Magistrate shall have,
in addition to sentencing authority for petty misdemeanors in the
State of New Mexico, the authority to require:
If, within 20 days of the appearance in Court, the owner or
occupant removes, or causes to be removed, the junked vehicle(s),
the Sheriff shall dismiss any criminal and/or civil complaint against
the owner or occupant arising from the presence of the junked vehicle(s).
If, within 20 days of the appearance in Court, the owner or
occupant gives his written permission for the County to remove the
junked vehicle(s), the Sheriff shall remove the junked vehicle(s).
The owner or occupant shall be liable to the County for the costs
incurred by the County for the removal of the junked vehicle(s).
If, within 20 days of appearance in Court, the owner or occupant
neither gives permission to the County to remove the junked vehicle(s)
nor removes the junked vehicle(s) or causes them to be removed, the
Sheriff shall cause the junked vehicle(s) to be removed from the premises
at the expense of the occupant. Additionally, the County Attorney
may:
A.
File a criminal complaint in the Magistrate Court pursuant to this
chapter. Upon conviction of the defendant, the Magistrate Judge may
impose sentence as herein provided and may defer or suspend such sentence
on the condition that the defendant removes the junked vehicle(s)
and pays court costs and attorneys' fees incurred by the County, together
with such fines and/or corrections fees, as are otherwise provided
for by law; or
B.
File suit in District Court seeking a court order allowing the County
to remove the junked vehicle(s) and dispose of them as provided in
this chapter and pursuant to NMSA 1978, § 30-8-8. The County
Attorney may seek a judgment against the defendant for costs of removal,
disposition, court costs and reasonable attorneys' fees.
C.
The party complaining to the Sheriff's office of the existence
of a junked or abandoned vehicle may, if dissatisfied with the determination
of the Sheriff, bring an action in the Magistrate Court of Otero County
to enforce this chapter and thereby independently seek removal of
the junked or abandoned vehicle. The complaining party must own property
or reside at a location that is within one mile of the location about
which the complaint is being filed. Such actions shall be at the sole
cost and expense of the person filing such action.
D.
Any party who files a complaint in Magistrate Court must appear in
that court to testify regarding the complaint he has filed. Failure
to appear is grounds for dismissal of the complaint.
The Sheriff shall dispose of junked vehicle(s) which come into
his possession pursuant to this chapter and/or as otherwise provided
by law. A licensed dismantler receiving any junked vehicle(s) shall
notify the Motor Vehicle Division as required by NMSA 1978, § 66-3-115.
In no event shall a junked vehicle be reconstructed or rendered operable
following removal, except as provided by NMSA 1978, § 66-3-121.
This chapter shall be administered by the Sheriff of Otero County
and/or regularly salaried, full-time deputies of the Otero County
Sheriff, except that the removal of vehicles or parts thereof from
the property may be made by any person duly licensed under NMSA 1978,
§ 66-4-1 et seq.
Nothing contained in this chapter shall affect or be construed
to prohibit the immediate removal of a vehicle left without authorization
on any public or private property or which constitutes a danger or
obstruction to traffic.
The Sheriff or his agent may examine vehicles or parts thereof,
in connection with their investigation, to obtain information as to
the ownership or identity of vehicles or owners or occupants, and
to remove or cause the removal of a vehicle or parts thereof declared
to be a nuisance pursuant to this chapter.
This chapter shall not apply to the following vehicles:
A.
A vehicle or part thereof which is completely enclosed within a building
in a lawful manner where it is not visible from a street or other
public or private property;
B.
A vehicle or part thereof which is stored or parked in a lawful manner
on private property in connection with the business of a licensed
vehicle dealer, dismantler or junkyard;
C.
An unlicensed, operable or inoperable historical or special interest
vehicle stored by a collector on his property, provided that such
vehicle and the outdoor storage area(s) are maintained in such a manner
that they do not constitute a health hazard and are screened from
ordinary public view by means of a solid fence, trees, shrubbery or
other appropriate means. Such storage areas shall be kept free of
weeds, trash and other objectionable items (NMSA 1978, § 66-11-3);
D.
Any operable motor vehicle specifically adapted or constructed for
racing or operation on privately owned drag strips or raceways; or
E.
Any motor vehicle stored on the property of a member of the Armed
Forces of the United States who is on active duty assignment outside
of the County.
Any person violating the provisions of this chapter shall be
deemed to be guilty of a misdemeanor and shall be punished as provided
for in NMSA 1978, § 4-37-3.
