Council approves narrower weeds ordinance after city legal and codes staff tighten definitions

The Las Cruces City Council on Sept. 2 approved a revised Chapter 18 nuisance ordinance that narrows enforcement language about weeds and rank vegetation and provides more specific definitions for species commonly encountered by code officers.

Why it matters: City attorneys said the existing ordinance had been judged overly broad by municipal court and could raise constitutional vagueness concerns. The revision intends to give residents clear notice of prohibited vegetation and to guide consistent enforcement by codes officers.

Brad Douglas of the city legal department and Michael Roach, codes enforcement supervisor, presented the changes and said the draft enumerates invasive species officers encounter most often and focuses enforcement on those species unless an “extreme nuisance condition” exists. Douglas said the update was intended to “confer proper notice on Las Cruces residents with regard to, weeds and unacceptable vegetation” and to assist municipal judges in applying the code.

Council members generally supported the change and urged public education rather than punitive enforcement. Councilor Kran and others called for outreach materials to help residents identify species and suggested communications staff could produce pamphlets or photos. Diane Starbuck, a member of the public, thanked staff and asked that native plants be preserved where appropriate.

The council voted to adopt the ordinance as presented. Roll-call in the record: Councilor McClure — yes; Councilor Matisse — yes; Councilor Graham — yes; Councilor Kran — yes; Councilor Bencomo — yes; Mayor Eric Enriquez — yes; Councilor Flores absent.

Ending: City staff said they will coordinate with communications to provide guidance and outreach to residents; enforcement will focus on enumerated species and constitutional safeguards built into the revised language.