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’s 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, or if the owner or lawful occupant has asked the person not to solicit on the property or posted a sign clearly indicated 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 the 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 or 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 words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation.
6. Approaching the person being solicited in a manner that 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 intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
Solicitation also cannot be done from any occupant of a motor vehicle that’s in traffic or on a public street with a posted speed limit of 30 miles per hour or greater if the solicitation causes someone to walk upon a portion of the roadway that’s not designated for pedestrian traffic.
It also prohibits anyone from standing, loitering, accessing, etc., on narrow medians that are located on roads with posted speed limits of 30 miles per hour or greater.
The potential penalty is a petty misdemeanor with a maximum possible penalty of 90 days incarceration or a $500 fine. The municipal court can also levy a judgement of community service, or treatment for substance abuse or mental health. Municipal judges may also suspend or defer any sentence.
Las Cruces police will begin enforcement of the private property and aggressive solicitation portion of the ordinance on Aug. 16. Enforcement of the roadway portion will begin 30 days later to allow time for education and awareness.
