**Editor’s note: This story previously said the topic would be discussed at a September work session. The story has been changed as the follow-up discussion date has not been determined.
RIO RANCHO, N.M. (KRQE) – You may be surprised by what could land you in jail in the city of Rio Rancho. Right now, everything from fireworks, weeds and even failing to neuter your pet could do just that. Even if that’s not likely to happen, city officials want to clean up those laws on the books so some minor violations don’t leave you with a criminal record.
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“Currently most violations of Rio Rancho ordinances are criminal in nature,” said Rio Rancho City Attorney, Josh Rubin.
“I am very surprised by that,” said one Rio Rancho resident.
In most cities, when you commit a minor code violation you might get slapped with a fine. That’s the case in Rio Rancho but only if you get caught by a speed van.
“Rio Rancho does have one example currently of a civil monetary penalty system and its ordinances. It is our safe traffic operations program aka STOP and that is the speed vans around town,” said Rubin.
Unlike other cities however, everything else in Rio Rancho currently comes with a criminal penalty, which means the violator could face jail time. That includes violations for overgrown weeds, building permits and noise as well as spay and neuter requirements, abandoned vehicles, fireworks, the list goes on.
“It is designed to sort of punish the offender after a prosecution and a conviction occurs it does create a criminal record and sentencing can include incarceration, fines, and other rehabilitative conditions,” said Rubin.
In a recent meeting of a Rio Rancho City Council work session, the city attorney argued not everything needs that serious of a charge. “The city can expand or create a civil monetary system and allow for violations of city ordinances to be dealt with through the civil process. The civil monetary penalty should be viewed as sort of another tool in the tool belt,” said Rubin.
The city is now looking into what it would look like to add ordinances to that civil system. “As the city grows, it could allow for better allocation for city resources and better flexibility for how we address violations,” said Rubin.
“I don’t think people should be put in jail for having weeds in their yard or something like that,” said one Rio Rancho resident.
The city is considering ten ordinances for the update. “The CMP does not address sort of the non-compliance. It doesn’t solve whether the weeds are cut. It doesn’t solve whether the car is removed. It’s just a fine that would be issued,” said Rubin.
If the city agrees on the change, criminal penalties would still be an option giving officers discretion about how to handle the case. “The cases that we file to municipal court should be the more serious offenders, the more repeat, the more egregious cases, and the idea there is we would be able to argue for stiffer penalties, incarceration if it’s justified,” said Rubin.
The proposal is still in the early stages. The city would have to decide whether to find a third party to oversee the process like they do with the speed vans or handle violations and payments in-house. The city is expected to talk about this again in the future. A follow-up discussion date has yet to be determined.
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