A. Convicted Defined: As used in this section, "convicted" means the defendant has been found guilty of a criminal charge by the municipal judge, either after trial, a plea of guilty or a plea of nolo contendere, or has elected to pay a penalty assessment in lieu of trial.
B. Punishments Specified: Whenever in this code or any other ordinance or resolution of the village or any rules or regulations promulgated under the provisions of this code, any act is prohibited or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this code or other ordinance or resolution of the village hereafter enacted or of such rules or regulations, shall be punished as follows:
1. Maximum Penalty: Unless a lesser maximum penalty or a specific penalty is established by ordinance for a particular offense, the maximum penalty for violation of any village ordinance shall be as follows:
a. Except for those violations of ordinances described in subsections B1b and B1c of this section, a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days or both;
b. For violations of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs, a fine of not more than nine hundred ninety nine dollars ($999.00) or imprisonment for not more than one hundred seventy nine (179) days or both; and
c. For violations of an industrial user wastewater pretreatment ordinance, as required by the United States environmental protection agency, a fine of not more than nine hundred ninety nine dollars ($999.00) a day for each violation. (Ord. 263A, 6-7-1994)
C. Corrections, Judicial Education And Court Automation Fees:
1. Prior to July 1, 2003, current fees as authorized by state law shall remain in effect and effective July 1, 2003; any person convicted of violating any ordinance relating to the operation of a motor vehicle, or any ordinance that may be enforced by imposition of a term of imprisonment, shall pay to the municipal judge, who shall collect the following fees as court costs:
a. A corrections fee of twenty dollars ($20.00); (Ord. 318, 6-17-2003)
b. A judicial education fee of three dollars ($3.00); (Ord. 352, 8-11-2009)
c. A court automation fee of six dollars ($6.00).
2. Any person violating an ordinance relating to the operation of a motor vehicle for which a penalty assessment schedule has been established, and who chooses to pay the penalty assessment, shall pay, in addition to the penalty assessment, the fees set forth in section 6-1-2 of this code.
3. All corrections fees collected pursuant to subsection C1a of this section shall be deposited in a special fund in the municipal treasury and shall be used for:
a. Municipal jailer or juvenile detention officer training;
b. The construction planning, construction, operation and maintenance of a municipal jail or juvenile detention facility;
c. Paying the cost of housing municipal prisoners in a county jail or detention facility or housing juveniles in a detention facility;
d. Complying with match or contribution requirements for the receipt of federal funds relating to jails or juvenile detention facilities;
e. Providing inpatient treatment or other substance abuse programs in conjunction with or as an alternative to jail sentencing;
f. Defraying the cost of transporting prisoners to jails or juveniles to juvenile detention facilities; or
g. Providing electronic monitoring system;
h. The interest collected from fees deposited in the special fund pursuant to this subsection shall be credited to the municipality's general fund.
4. All judicial education fees collected shall be remitted monthly to the state treasurer for credit to the judicial education fund and shall be used for the education and training, including production of bench books and other written materials, of municipal judges and other municipal court employees.
5. All court automation fees shall be remitted monthly to the state treasurer for credit to the municipal court automation fund and shall be used for the purchase and maintenance of court automation systems in the municipal courts. The court automation systems shall have the capability of providing, on a timely basis, electronic records in a format specified by the judicial information system council. (Ord. 318, 6-17-2003)
D. Prior Violations: Prosecution for violations of village ordinances prior to the effective date of this code shall be governed, prosecuted and punished under the ordinances existing at the time such crimes were committed.
E. Continuing Violation: Every day any violation of this code or any other ordinance or resolution of the village or any rule or regulation promulgated under the provisions of this code shall constitute a separate offense. (Ord. 263A, 6-7-1994; amd. 2000 Code)
F. Incarcerated Village Prisoners:
1. Each convicted defendant shall receive a credit pursuant to section 33-3-11, New Mexico Statutes Annotated, 1978 compilation, in reduction of any fines so imposed for each day or part thereof served by him or her in a civic service or in a county jail as such shall be amended from time to time, and, as of the adoption of this section, such credit shall be eight (8) times the federal hourly minimum wage per day in reduction thereof for each day or a portion of a day of incarceration or civil/civic community service or each hour of actual community service. (Ord. 318, 6-17-2003)
Notes
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