§ 28-144. Damage to public or private property.

(a)

It is unlawful to intentionally, without lawful authority, damage, move, deface, tamper with, write upon, advertise on or alter property in any manner.

(b)

Prohibition of graffiti vandalism. It is unlawful to intentionally and maliciously deface any real or personal property of another with graffiti or other inscribed material inscribed with ink, paint, spray paint, crayon, charcoal or the use of any object without the consent or reasonable grounds to believe that there is consent of the owner of the property when the damage to the property is $1,000.00 or less. Whoever commits graffiti vandalism when the damage to the property is $1,000.00 or less is guilty of a petty misdemeanor and shall be required to perform a mandatory 100 hours of community service within a continuous six-month period immediately following the conviction and shall be required to make restitution to the property owner for the cost of damages and restoration.

(c)

Duty to remove graffiti.

(1)

Notice by county. Whenever the county becomes aware of graffiti vandalism on real property within the county, including improvements to or structures on such real property, and such graffiti vandalism is visible from county-owned property or public right-of-way, the county shall give written notice to the owner, occupant, or agent in charge of the property. The notice shall state that the graffiti must be removed or completely obliterated within 30 days from the date that the notice is served.

(2)

Service of notice. The notice may be served by handing it to owner, occupant, or agent in charge of the property or by mailing it by certified mail, return receipt requested, to the owner's address as shown on the county tax rolls. If the owner, occupant, or agent in charge of the property cannot be found and the notice is returned by the United States Post Office, then notice may be made by posting the notice in a prominent location on the property to which the violation relates.

(3)

Notice from owner. Within ten days of the notice being served, the owner, occupant, or agent in charge shall notify the county of:

a.

The date by which the graffiti shall be removed or completely obliterated. Such date shall be no more than 30 days from the notice being served. The owner, occupant, or agent in charge shall than proceed to remove or completely obliterate the graffiti by the date stated in the notice to county; or

b.

That the markings were authorized by the owner of the property and therefore do not constitute graffiti vandalism, as defined in paragraph (b) above.

If there is no notice from the owner, occupant, or agent in charge as required above, such failure to notify shall be deemed to be consent for the county to enter onto the property and remove or completely obliterate the graffiti, if the county, in its sole discretion, chooses to do so. Removal or complete obliteration of graffiti shall obligate the owner, or agent in charge of the property, to reimburse the county for its expenses incurred removing such graffiti. Failure to do so may result in a lien being placed upon the property. In addition, a $500.00 fee will be charged to the owner, should the county clean the property.

(4)

Enforcement agency. The provisions of this section may be enforced by the county police department and/or the county code enforcement office.

(Ord. No. 74-78, § 10-2-2, 1983; Code 1985, § 9.20.040; Ord. No. 02-230, § 1, 3-26-2013)

State law reference

Unauthorized graffiti on personal or real property, NMSA 1978, § 30-15-1.1.