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City Council Meeting-Scofflaw issue (cutting off water)

Food and Water Watch, an international nonprofit organization that  works to ensure the food, water and fish we consume is safe, accessible and sustainable, is asking people to come to the City Council meeting on Monday, 5/7, at 1 pm, and speak out against the new city policy to cut off the utilities of red light ticket scofflaws. The meeting will be held at City Hall (700 Main St). We need as many people as possible to speak during the public comment period. Even if you don’t wish to speak it would be great if you came to support those that would like to. I do want to mention that this is not an Occupy Las Cruces action as we don’t have a meeting to talk about it until Sunday. For now, then, I am asking you as a concerned citizen.

For those of you who haven’t heard about this issue, it is THE hot topic now in Las Cruces. Here is some info on the new policy. This is the original LC Sun-News article on the new policy

Pay your ticket or go dry

City may turn off water for red-light scofflaws

By Steve Ramirez

SRAMIREZ@LCSUN-NEWS.COM

LAS CRUCES — It’s come to this: Las Cruces residents with unpaid red-light camera cita­tions will either have to pay their fines or risk their utilities being shut off.

City officials said they’re go­ing to do it.

“You’ve gotta be kidding me right now,” said Las Crucen Lady Bug Montoya, in a Sun-News  Facebook post. “This is a joke, right?”  No. The city began notifying offenders by mail Monday to pay their fines or make satis­factory arrangements for pay­ment. Failure to comply will result in the termination of city utility services, such as gas, water and sewer.

The city has the legal au­thority to do it. Las Cruces Municipal Code, Section 28-10 states: The city may decline, fail or cease to furnish utility service to any person who may be in debt to the city for any reason, except ad valorem taxes and special assess­ments.”  “I don’t understand how your water bill and traffic tick­ets are related,” Tiffini Trujil­lo said. “Makes no sense for them to shut off your water due to tickets.”  There must be a lot of red­light runners out there. City officials said there is about $2 million in unpaid and delin­quent fines from red light traf­fic cameras since the program began Feb. 28, 2009.

It could get worse. In addi­tion to having utility services terminated, customers will al­so be forced to pay a $48 fee to re-establish their utilities

when the fines have been paid.

Kimberly Kriner said she has mixed feelings about the city s method to collect the fines.

I don t agree with people continuously getting those tickets,  Kriner said.  However, it seems even more ridiculous to turn off the water to make them pay.   Darrell Rubio added,  Wow, people should pay those tickets. However, what has this world come to?   The fine for running a red light or speeding through a red-light camera intersection is $100 per violation. A $25 default fee is added if the fine is not paid within the 35-day period listed on the citation.

Red light cameras are at three city intersections: Lohman Avenue and Telshor Boulevard, Lohman Avenue and Walnut Street, and northbound  Valley Drive and Avenida de Mesilla.

For questions or payment arrangements call City Treasurer Robert Scaling, at (575) 541-2035.

Steve Ramirez can be reached at sramirez@lcsun-news.com; (575) 541-5452. Also follow him on Twitter:@SteveRamirez6. <mailto:Twitter:@SteveRamirez6.%3C/span%3E%3C/br%3E%3C/br>
<mailto:Twitter:@SteveRamirez6.%3C/span%3E%3C/br%3E%3C/br>
Common Concerns (with City Manger Garza’s Response to each underlined)
1. What does turning off utilities have anything to ds with traffic tickets? The punishment doesn’t even relate to the crime
The City has an ordinance that provides for this action when anyone owes the city (public) money. The agreement (contract) made by the City to deliver a product (water, gas, sewer, etc…) comes with terms of use and conditions, one of which is that any customer must remain in good financial standing with the owner of the utility (the City).

2. What happens to the elderly, sick, or the children in the house? They are the ones that will suffer the most even though they aren’t often even responsible for getting the citation. This policy also, once again, seems to put the greatest burden on the poor.
You are making an assumption on who the offender might be, it would only matter to the utility disconnect discussion if the red light offender is the same responsible party on the contract for the utility service. Besides, before any proposed utility service interruption, every effort has and will be made to find an alternative way to remedy the outstanding public debt(s).

3. If you don’t even know who’s in the car, how can you cite them? This has always been an argument against red light cameras, but with this more severe penalty in play, it will become much louder. In Missouri, where I’m from, the red light camera pic had to show the driver.  The owner of the vehicle receives the citation, not the driver. It goes back to the responsible party, the owner of the vehicle, no different than if an owner lends a car to a friend and that friend causes property damage via an accident, NM law says the owner and their insurance (if they have it) are responsible parties, not the driver. In the same way, vehicles must be insured, not just their drivers.

4. This is legal, at least at a local level, and doesn’t exceed the powers of the City Manager, but many wonder why something this controversial was done without hearing the concerns of the people. I would guess a large percentage of the people are against it and the City Council doesn’t seem very supportive either. Also just because something is legal doesn’t mean it’s right.  If I had asked what the average person thought about our plan, I’m most certain the result would be a strong lack of support, in fact, if I asked everyone if we should stop issuing speeding tickets all together I bet the majority would favor that as well. Nobody likes to be regulated and that includes me. Regrettably, some of us are charged with making these hard decisions. I assure you I make no decisions lightly…

5.  What is the City’s definition of a “scofflaw”? Leaving this up to the City’s discretion, rather than having specific time periods and a specific amount of unpaid citations, leaves the City open to all sorts of allegations. According to most reliable sources, the definition of “scofflaw” is one who habitually violates the law or fails to answer court summonses. This is a term used in the legal arena and not one invented or presented by me or other City staff. The specifics aren’t defined, currently we are only looking at those who have numerous unpaid citations that are over several months past due.

Though I thank City Manager Garza for his responses, his answers didn’t really assuage my concerns.

Please come if you can. If you have any questions or need a ride email me or call (575)915-2766

Jason Burke
(575)915-2766

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