(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ARROYO. A natural or naturalistic water course formed by the action of fast-flowing water that is owned and maintained by a public agency.
CAMPING. The setting up of any tent, shack, or other permanent or temporary structure or shelter, or preparing a sleeping bag or other bedding material for use in a water conveyance system.
DRAINAGE CHANNEL OR PIPING. Engineered structures designed to convey water flow that is owned, maintained or under the authority of a public agency, and that may consist of earthen, concrete, metal, rock, brick and/or heavy-duty plastic or other materials.
IRRIGATION CHANNEL. An engineered waterway structure, used for the purpose of carrying water from a source to soil used for farming or landscaping that is owned, maintained or under the authority of a public agency, and that may consist of earthen, concrete, metal, rock, brick and/or heavy-duty plastic or other materials.
PUBLIC AGENCY. The City of Albuquerque, the County of Bernalillo, the Albuquerque Metropolitan Arroyo Flood Control Authority, or the Middle Rio Grande Conservancy District.
RIGHT-OF-WAY. Includes all land within the parameters of the area within which the public agency owns, operates or maintains the drainage channel, arroyo, irrigation channel or piping, and is not restricted to the drainage channel, arroyo, irrigation channel, or piping.
WATER CONVEYANCE SYSTEM. An engineered or natural channel intended to transport water, including an arroyo, drainage channel, irrigation channel, and piping.
(B) It is unlawful for any person to enter or to remain in a water conveyance system which is owned, maintained or operated by a public agency and which is not designated as an open space area or recreational path, except for public safety personnel and employees of the public agency that owns, maintains or operates said water conveyance system, or those persons authorized by such agency.
(C) It is unlawful for any person to camp or loiter upon any part of the right-of-way in which a water conveyance system owned, maintained or operated by a public agency is located, including any portion of such right-of-way designated as open space.
(D) It is unlawful for any person to remain in an open space or recreational trail that is within the right- of-way of a water conveyance channel after having been instructed to leave by an employee of the public agency that controls the water conveyance system, their designated representative, or a law enforcement official, due to a public safety issue or to allow the agency to conduct facility maintenance.
(E) It is unlawful for any person to operate a motor vehicle or an off highway vehicle in the right-of- way of a water conveyance system, that is owned, maintained or operated by a public agency, including any water conveyance system designated as open space or as a recreation trail, except for public safety personnel and employees of the public agency that owns, maintains or operates said water conveyance system, or those persons authorized by such agency.
(F) The penalties set forth in § 12-1-99 shall apply for a violation of this section; provided, however, that a law enforcement officer, shall first verify that a written warning has been issued, otherwise, the officer shall issue a Criminal Trespass Notification to a person for violating this section prior to the issuing of a citation or conducting an arrest. However, in the event of an immediate danger, a verbal warning prior to a citation or arrest is permitted.
(Ord. 2022-031) Penalty, see § 12-1-99