Mayor Eric Enriquez City of Las Cruces | City of Las Cruces
The recently approved updates to Sections 21-62 and 21-63 of the Las Cruces Municipal Code related to street and sidewalk solicitations will go into effect Friday, Aug. 16, 2024.
Both sections were updated with new language that is specific to where roadside solicitation can safely take place. The new language was approved by City Council on Aug. 5, 2024.
The new language clarifies that solicitations for money or anything of value are not permitted in an aggressive manner in a public area, or on private property within city limits, if the owner or lawful occupant has asked the person not to solicit on the property or posted a sign clearly indicating such.
Aggressive manner, as it relates to these sections of the ordinance, means and includes:
1. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent.
2. Following the person being solicited if that conduct is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
3. Continuing to solicit within five feet of the person being solicited after the person has made a negative response if continuing the solicitation is: intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
4. Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one’s constitutional right to picket or legally protest, and acts authorized by a business license issued pursuant to sections 16-166 to 16-172 of the Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic.
5. Intentionally or recklessly using obscene or abusive language or gestures that are: intended to cause a reasonable person fear imminent bodily harm; words intended for intimidation into affirmative responses.
6. Approaching someone in a manner likely causing them fear imminent bodily harm; intimidating them into affirmative responses.
Solicitation also cannot be done from any occupant of a motor vehicle that’s in traffic on public streets with posted speed limits of 30 miles per hour (mph) or greater if it causes someone else onto portions not designated for pedestrian traffic.
It also prohibits anyone from standing, loitering, accessing narrow medians located on roads with posted speed limits over 30 mph.
The potential penalty is classified as petty misdemeanor with maximum possible penalty at either 90 days incarceration $500 fine—or both—alongside municipal court's judgement options including community service substance abuse mental health treatment; judges suspending deferring sentences
Las Cruces police begin enforcement against private property aggressive solicitations starting Aug., following up with roadway portions’ enforcement post-education awareness campaign concluding September
