For the purpose of this title, the following definitions shall apply unless the context indicates or requires a different meaning.
ACCUSED. Any person charged with the violation of any ordinance of the municipality that imposes a penalty.
ANOTHER, OTHER. Any other human being or legal entity, whether incorporated or unincorporated, including the United States, the State of New Mexico or any subdivision thereof.
ANYTHING OF VALUE. Any conceivable thing of the slightest value, tangible or intangible, movable or immovable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term property.
BATTERY. The unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner.
BET. A bargain in which the parties agree that, dependent upon chance, even though accompanied by some skill, one stands to win or lose anything of value specified in the agreement. A BET does not include:
(1) Bona fide business transactions which are valid under the laws of contracts, including without limitation:
(a) Contracts for the purchase or sale, at a future date, of securities or other commodities; and
(b) Agreements to compensate for loss caused by the happening of chance, including without limitation, contracts for indemnity or guarantee and life, health and accident insurance.
(2) Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in the contest;
(3) A lottery which is defined as an enterprise wherein, for a consideration, the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill. As used in this division, CONSIDERATION means anything of pecuniary value required to be paid to the promoter in order to participate in the enterprise; and
(4) Betting otherwise permitted by law.
CARRYING A DEADLY WEAPON. Being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use.
DEFENDANT. Any person accused of a violation of any ordinance of the municipality that imposes a penalty.
DISORDERLY CONDUCT. Engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace, or maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house occupied by any person.
GOVERNING BODY. The Board of Trustees of the town.
HE or HIM or SHE or HER. Shall not be construed to be mandatory distinctions of gender if not expressly stipulated.
LAWFUL CUSTODY OR CONFINEMENT. The holding of any person pursuant to lawful authority, including without limitation actual or constructive custody of prisoners temporarily outside a penal institution, reformatory, jail, prison farm or ranch.
MAY. The action referred to is permissive.
MAYOR. The Chief Executive Officer of municipalities having the Mayor-Council form of government.
MINOR. Any unmarried person who has not reached his or her eighteenth birthday, except that under application of the Liquor Control Act being NMSA §§ 60-3A-3, or any alcohol-related division of this title, MINOR means any person under 21 years of age.
MUNICIPALITY. Any incorporated city, town or village, whether incorporated under general act, special act or special charter.
OFFICIAL PROCEEDING. A proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any proceeding.
PERSON. Any human being or legal entity, whether incorporated or unincorporated.
POLICE OFFICER, LAW ENFORCEMENT OFFICER, PEACE OFFICER or OFFICER. Any public official or public officer vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.
PROSTITUTION. Knowingly engaging in or offering to engage in sexual intercourse for hire.
PUBLIC EMPLOYEE. Any person receiving remuneration for regular services rendered to the state or any of its political subdivisions.
PUBLIC GROUND. Any real property owned or leased by a municipality.
PUBLIC OFFICER. Any elected or appointed officer of the state or any of its political subdivisions, serving with or without remuneration for his or her services.
SHALL. The action referred to is mandatory.
STREET. Any thoroughfare that can accommodate pedestrian or vehicular traffic, is open to the public and is under the control of the municipality.
(Ord. 523, passed 4-14-1980)