For the purpose of this chapter, 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 or 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, moveable, 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, 1 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 and health 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 (3), CONSIDERATION means anything by pecuniary value required to be paid to the promoter in order to participate in the enterprise; or
(4) Betting otherwise permitted by law of jurisdiction.
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.
CONTROLLED SUBSTANCE. A drug, substance, or immediate precursor listed in Schedules 1 through 5 (NMSA §§ 30-31-6 through 30-31-10) of the Controlled Substance Act or regulations adopted thereto:
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 by any person.
DRUG PARAPHERNALIA. All equipment, products, and materials of any kind which are used or intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes but is not limited to:
(1) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devised, used, or intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(5) Scales or balance used, intended for use or designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite dextrous, and lactose used, intended for use or designed for use in cutting controlled substances;
(7)
Reserved;
(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
(11) Hypodermic, syringes, needles, and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cocaine, hashish, or hashish oil into the human body such as;
(a) Metal, wooden acrylic, glass, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e)
Reserved;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chilams;
(l) Bongs; or
(m) Ice pipes or chillers.
(13) In determining whether an object is DRUG PARAPHERNALIA, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(a) Statements by the owner or by anyone in control of the object concerning its use;
(b) The proximity of the object to controlled substances;
(c) The existence of any residue of controlled substances on the objects;
(d) Instructions, written or oral, provided with the objects concerning its use;
(e) Descriptive materials accompanying the object which explain or depicts its use;
(f) The manner in which the object is displayed for sale;
(g) The existence and scope of legal uses for the object in the community; and
(h) Expert testimony concerning its use.
GOVERNING BODY. The City Council or Commission of a city or the Board of Trustees of a town or village.
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.
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-1 et seq. as that law may be changed or amended from time to time by the state, or any alcohol-related division of this chapter, 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 from 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 or LAW ENFORCEMENT OFFICER or 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. Mandatory and MAY is permissive.
STREET. Any thoroughfare that can accommodate pedestrian or vehicular traffic, is open to the public and is under the control of the municipality.
TRESPASS.
(1) Entering upon, or refusing to leave, any residential property of another, either where the property has been posted with “NO TRESPASSING” signs, or where immediately prior to the entry, or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that the entry, or continued presence, is prohibited.
(2) Entering upon, or refusing to leave any public property in violation of regulations promulgated by the official charged with the security, care, or maintenance of the property and approved by the governing body of the public agency owning property, where the regulations have been conspicuously posted or where immediately prior to the entry, or subsequent thereto, the regulations are made known by the official charged with the security, care or maintenance of the property, his or her agent, or a police officer.
VIOLATE SOLVENT. The following types of chemical compounds but is not limited to:
(1) Hydrocarbons, including but not limited to petroleum distillates and aromatic hydrocarbons;
(2) Oxygenated organic compounds, including but not limited to ketones, esters, and ethers;
(3) Halogenated hydrocarbons; and
(4) Nitrous oxides.
(Ord. 25, passed 2-3-1999; Am. Ord. 198, passed 8-18-2021)