QUIT BLOWING YOUR LEAVES ON OUR STREETS: That’s a request from Ray Voos.
He called to say he routinely encounters a homeowner who blows leaves and yard waste into 19th Street in Rio Rancho, forcing him to swerve “to avoid the mess.”
He says he’s called the Department of Public Safety and been told they “would look into it.” And his point is not only that he drives a nice vehicle and doesn’t want to plow through someone else’s garbage, but that piling the waste in the street creates a danger, obscuring striping and potential hazards.
“There’s gotta be something wrong with this picture,” he says.
The real question is, can someone do something about it?
In Rio Rancho, yes. Peter Wells, Rio Rancho’s chief communications officer, says “to conduct activity such as this would be considered illegal dumping. Individuals witnessing behavior such as this should contact the Rio Rancho nonemergency dispatch at 891-7226 and request to speak with a Code Enforcement Division officer.”
In Bernalillo County, maybe. According to Operations and Maintenance director David Mitchell, officials “could consider this to be illegal ‘greenwaste’ dumping in the right of way. However, realistically, unless it was really dramatic (we) probably could not have the code-enforcement staff … make this a priority call, nor take it through the courts to fine the $1,000. It would take a really severe instance – like blocking drainage – for a judge probably to not throw us out for overly applying rules to someone that was ‘cleaning’ their frontage.”
In Albuquerque, only if there’s yard clippings with the leaves and code enforcement witnesses the blowing thereof.
Juanita Garcia, acting code compliance manager, says “a violation exists if someone deposits or throws litter in public places, however, leaves are not considered ‘litter.’ Litter is defined as follows in the Weed and Litter Ordinance: “LITTER. ‘Garbage,’ ‘refuse’ and ‘rubbish’ as defined herein and all other waste material which, if thrown or deposited as herein prohibited tends to create a danger to public health, safety and welfare.
“GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
“REFUSE. All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, inoperative vehicles and appliances, and solid market and industrial wastes.
“RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, smoking tobacco products, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, and similar materials.”
Garcia says “based on this information, our office cannot enforce on someone who is blowing leaves into the street. If someone is blowing yard clippings, then we can enforce, but just like any other violation we need to see the violation when it is occurring.”
Assistant editorial page editor D’Val Westphal tackles commuter issues for the Metro area on Mondays and for West Siders and Rio Ranchoans on Thursdays. Reach her at 823-3858; road@abqjournal.com; or P.O. Drawer J, Albuquerque, NM 87103. Go to abqjournal.com/traffic to read previous columns and join in the conversation.
— This article appeared on page 1 of the West Side Journal
