N.M. Admin. Code § 18.20.5.10 - VENDING
A. No vending from
or on highway right-of-way shall be permitted.
B. There shall be no vending-type business so
close to the highway right-of-way that automobiles or persons would be serviced
while on the highway right-of-way.
C. Concession booths or roadside stands,
whether or not in operation, shall not be permitted to remain on highway
right-of-way. These structures shall be treated as encroachments, hazardous
obstructions or non-hazardous obstructions, as the circumstances
warrant.
D. Excepted from these
prohibitions are any vending-type businesses established with prior Department
approval on highway right-of-way by an federal, state or public agency,
organization or entity for the purpose of providing a service to the
public.
E. A representative of the
Department shall advise the owner, operator or other person in charge of the
vending operation that the vending is not permitted in the highway right-of-way
and must cease immediately. If the vending does not cease immediately, the
Department representative may file a complaint of criminal trespass (NMSA 1978,
Section 30-14-1) with the law enforcement
authority having jurisdiction.
F.
If the vending consists of the advertisement for sale of a motor vehicle, a
representative of the Department will contact the nearest law enforcement
officer and request enforcement of (NMSA 1978 as amended) Sections
66-3-126 and
66-3-127 as provided
therein.
Notes
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