(A) Motor vehicle nuisances. Any motor vehicle left on or in private and/or public right-of-way after an enforcing entity has attached a red tag notice, in a conspicuous location, on said vehicle for a period of time of twenty-four hours or longer is hereby declared to be a nuisance and subject to forfeiture pursuant to the provisions of NMSA § 66-3-127, as amended, and related statutory sections. Such vehicles shall be disposed of in accordance with NMAA 1978, § 66-3-121, as amended, and related statutory sections. Any enforcing entity, as defined in this chapter, shall be considered "law enforcement" for the purposes of this section. Nothing in this section shall be construed to limit any other remedy provided by law.
(B) Off-road vehicle use.
(1) The use of off-road vehicles on private property without the permission of the owner or occupier is prohibited.
(2) The use of off-road motor vehicles on any roadways or easements posted with a sign prohibiting such use is prohibited.
(3) A complaint to any law enforcement agency (not code enforcement inspector) by the owner, or agent or occupier of such property shall be rebuttable proof that such consent was not requested, or was denied or withdrawn.
(4) This section does not apply to the off-road vehicles owned and operated by governmental entities, off-road vehicle dealers, agricultural uses of off-road vehicles, et cetera, as specified in 3 NMSA § 66-3-1005, as amended.
(5) Where any off-road vehicle use may be permitted, such vehicle must be equipped with a working muffler and spark arrestor.
(Ord. 2005-7, passed 12-16-2005) Penalty, see § 92.99