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Las Cruces, NM Public Health Rules: Rodent Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Trigger
utilities director finds vector/odor hazard
Covers
flies, mosquitoes, insects, rodents
City remedy
abate itself, bill owner for cost
Cross-reference
Chapter 18 nuisance abatement
Default penalty
up to $500 fine, 90 days jail (Sec. 1-10)

Summary

Letting solid waste sit on your Las Cruces property so it smells or breeds flies, mosquitoes, insects, or rodents is unlawful under Code of Ordinances Sec. 25-5 whenever the utilities director calls it unsanitary or injurious to public health. The city can abate the mess itself and bill the property owner.

(a)It shall be unlawful for any person to permit or cause to remain in or about their property any solid waste, which emits odors or serves as a feeding or breeding place for flies, mosquitos, insects or rodents and which, in the opinion of the utilities director or his/her designee, is unsanitary or injurious to public health.(b)Nothing in this section prohibits the city from remedying the violation itself or ordering the violator to abate an environmental nuisance in accordance with section 18, nuisances. If the city remedies any violation of this chapter, the city may charge the violator for any and all costs associated with the abatement.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 33 | Land Development Code: Supplement 28).

Full Breakdown

Section 25-5, Unsanitary premises, gives the utilities director or a designee the authority to decide when accumulated solid waste on or around a property has crossed the line into a vector or odor problem. The trigger is not a fixed volume of trash; it is the director's determination that the waste emits odors or serves as a feeding or breeding place for flies, mosquitoes, insects, or rodents and is unsanitary or injurious to public health. Once that determination is made, the property owner or occupant is in violation regardless of intent.

Subsection (b) gives the city two enforcement paths that can run together: it can invoke the nuisance abatement procedure in Chapter 18 and order the violator to clean up the property, or it can send its own crews to remedy the condition directly. When the city performs the abatement itself, Sec. 25-5(b) authorizes billing the property owner for the full cost of the cleanup, which is collected the same way other solid waste charges are billed. This section sits alongside Sec. 25-4 (Accumulation of solid waste), which separately bars letting waste or recyclable material pile up on your property or adjoining city property outside the rules of the applicable health codes, and Sec.

25-6, which bars sweeping, placing, or throwing waste onto public or private property. Together these sections give code enforcement and the utilities department the tools to force cleanup of a yard that is breeding rodents or insects before it becomes a neighborhood-wide problem.

Violations & Fines

A violation of Sec. 25-5 is prosecuted as a Code violation under the general penalty in Sec. 1-10: a petty misdemeanor punishable by a fine of up to $500, up to 90 days in jail, or both, with each day the condition continues counting as a separate offense. Beyond the criminal fine, if the city abates the unsanitary condition itself, it charges the full abatement cost back to the property owner's account.

Frequently Asked Questions

Who decides if my yard's trash is a rodent problem in Las Cruces?
The utilities director or a designee makes that call under Sec. 25-5(a). If the solid waste on your property emits odors or serves as a feeding or breeding place for flies, mosquitoes, insects, or rodents and is deemed unsanitary or injurious to public health, you are in violation.
Can the city clean up my property and send me the bill?
Yes. Sec. 25-5(b) lets the city remedy the violation itself instead of only ordering the owner to fix it, and it may charge the violator for all costs the city incurs in abating the condition.
What happens if I ignore an unsanitary premises notice?
Beyond the abatement costs, the violation is punished under the Code's general penalty, Sec. 1-10: a petty misdemeanor with a fine up to $500, up to 90 days in jail, or both, and each day the condition continues is treated as a separate offense.

Sources & Official References

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