Code Enforcer discusses public nuisance ordinance

GRANTS - It is no surprise to Grants residents that the presence of  'street people' is ever increasing in the downtown area and has become an issue. 'Street people,' also known as 'bums,' is a term for people who live or gather in the streets.

Being the community newspaper, the Beacon has received many calls concerning the issue of nuisance in the public parks and on the sidewalks. For example, one caller stated that she'd like to enjoy a party for a granddaughter in Riverwalk Park. However, she is not comfortable having children in the same park where adults are extremely intoxicated and have used the restroom on themselves while sitting on a public bench.

The Beacon sat down with Code Enforcer Marty McBride on what ordinances do exist and what a resident can do if they are experiencing nuisance on pubic property.

There are several ordinances for such as unnecessary noise, panhandling, building codes, litter, alcohol in public and public indecency that could relate to an event on public property involving street people.

However, the most effective is City of Grants Ordinance 283, Public Nuisance. The ordinance states: A public nuisance consists of any person knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is: A. injurious to public health, safety, morals or welfare; or B. interferes with the exercise and enjoyment or public rights, including the right to use public property or private property open to the public.

Code Enforcer McBride told the Beacon that in order for Grants to clean up the streets from the majority of the nuisance the residents are currently experiencing, four things must be done.

“First, we need to create proper language, and post some signs throughout the parks and the streets,” McBride said.  “Secondly, we address the owners of record and have them police their structures or we will do it for them, that could include the owners being cited. Third, the citizens need to report any public nuisance acts. And lastly, in which the city is already doing, raze old abandoned structures in the community.”

Currently, there are no signs regarding violation of Ordinance 283 in the downtown area of Grants.

Gallup once had a major problem with public nuisance in its downtown area but recently cleaned up some of the problem through a beautification effort, according Community Planner C.B. Stain.

“We got rid of the hiding places in the downtown area,” Stain said. “Believe me, we still have a problem, it just isn't as visual as it was particularly in the downtown area and business district. Law enforcement has a lot to do with it simply by enforcing the law.”

Stain also credited that Gallup also stopped packaged liquor sales several years ago.

Grants averages from 15-20 public nuisance incidents weekly, according to Beacon reporter Mark Teshima.  Teshima picks up the public record documents on a weekly basis. One person was cited last week for public nuisance at a public park.

Also, Grants recently started demolishing old buildings.

Grants Police Chief Steve Sena said, “When we get a call we'll first assess it and first try to get the persons being a nuisance to move on. If necessary we'll issue a citation or arrest them. A person in violation of Resolution 283 could be charged with a misdemeanor and could be fined $300 or imprisoned for a period of not more than 30 days in jail or both, fine and imprisonment.

“Bottom line is,” the chief said, “we want the residents to enjoy a day in the park and if there is a nuisance, please call the police department at 287-4404. If the nuisance is major, call 911.”

For more information on city ordinances call Code Enforce Marty McBride at 285-3981.