For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ABATE: To bring to a halt, eliminate or, where that is not possible or feasible, to suppress, reduce, and minimize.
BUILDING: A structure which is enclosed with walls and a roof so that there are no sides left open.
CLOSE, TO CLOSE, OR CLOSURE: To seize the property and remove all owners, tenants, occupants and other persons and animals from the real property, vehicle, or personal property, or a specified discrete portion thereof, and to lock, board, bar, or otherwise close and prohibit all entry, access, and use of the real property, vehicle, or other personal property, or a specified discrete portion thereof, except such access and use as may be specifically ordered by the court for purposes of inventory, maintenance, storage, security, and other purposes, and to vest the sole right of possession and control of the real property, vehicle, or personal property, or a specified discrete portion thereof, in the city for a limited period of time defined by court order. In the case of a vehicle, closure includes impoundment.
CONTRABAND: Any personal property which is illegal to own.
COUNCIL'S DESIGNEE: The person(s) or entity(ies) appointed by the city council to enforce this chapter.
FLIGHT: To flee, escape, or leave the place where the public nuisance activity was committed or conducted.
LEGAL OR EQUITABLE INTEREST OR RIGHT OF POSSESSION: Every legal or equitable interest, title, estate, tenancy, or right of possession recognized by law and equity, including, but not limited to, freeholds, life estates, future interests, condominium rights, timeshare rights, leaseholds, easements, licenses, liens, deeds of trust, contractual rights, mortgages, security interests, and any right or obligation to manage or act as agent or trustee for any person holding any of the foregoing.
PARCEL: Any lot or other unit of real property or any combination of contiguous lots or units owned by the same "person" as defined herein.
PERSON: Natural persons and every legal entity whatsoever, including, but not limited to, sole proprietors, corporations, limited liability companies, partnerships, limited partnerships, and associations.
PERSONAL PROPERTY: All property of every kind and nature whatsoever, including cash, vehicles, animals, intangible property and contraband, but not including real property of any kind.
PROPERTY: Property of all kinds, including "real property" and "personal property" as defined herein.
PUBLIC NUISANCE: Any parcel of real property, commercial or residential, any personal property, or any vehicle on or in which any of the following illegal activities occurs, or which is used to commit, conduct, promote, facilitate, or aid the commission of or flight from any of the following activities. For purposes of this definition, the illegal activity shall have the same definition as that contained in the section of the New Mexico Statutes Annotated, 1978 compilation, as amended, listed after the illegal activity:
A. Prostitution, New Mexico Statutes Annotated section 30-9-2; patronizing prostitutes, New Mexico Statutes Annotated section 30-9-3; promoting prostitution, New Mexico Statutes Annotated section 30-9-4; or accepting earnings of a prostitute, New Mexico Statutes Annotated subsection 30-9-4.1; or
B. Sexual exploitation of children by prostitution, New Mexico Statutes Annotated section 30-6A-4; or
C. Sexual exploitation of children, New Mexico Statutes Annotated section 30-6A-3; or
D. Trafficking in controlled substances, New Mexico Statutes Annotated section 30-31-20; distributing controlled substances to a minor, New Mexico Statutes Annotated section 30-31-21; distribution of a controlled substance, New Mexico Statutes Annotated section 30-31-22; possession of a controlled substance, New Mexico Statutes Annotated section 30-31-23; distributing a counterfeit controlled substance, New Mexico Statutes Annotated subsection 30-31-22B; distributing, manufacture, or possession of an imitation controlled substance, New Mexico Statutes Annotated section 30-31A-4; sale of an imitation controlled substance to a minor, New Mexico Statutes Annotated section 30-31A-5; or
E. Unlawful possession, delivery, manufacture or delivery to a minor of drug paraphernalia, New Mexico Statutes Annotated subsection 30-31-25.1; or
F. Receiving stolen property, New Mexico Statutes Annotated section 30-16-11; or
G. Commercial gambling, New Mexico Statutes Annotated section 30-19-3; permitting premises to be used for gambling, New Mexico Statutes Annotated section 30-19-4; dealing in gambling devices, New Mexico Statutes Annotated section 30-19-5; or
H. Three (3) or more offenses within any one hundred eighty (180) day period of disorderly conduct, New Mexico Statutes Annotated section 30-20-1 and section 5-1-10 of this code; or
I. Unlawful carrying of a deadly weapon, New Mexico Statutes Annotated section 30-7-2; unlawful possession of a handgun, New Mexico Statutes Annotated subsection 30-7-2.2; negligent use of a weapon, New Mexico Statutes Annotated section 30-7-4 and section 5-4-1 of this code; unlawful possession of a switchblade, New Mexico Statutes Annotated section 30-7-8; receipt, transportation or possession by a felon of a firearm or destructive device, New Mexico Statutes Annotated section 30-7-16; unlawful possession, transfer or sale of weapons to minors, section 5-4-5 of this code; or
J. Possession of illegal fireworks, chapter 8 of this title; or
K. Any criminal activity by a criminal street gang as defined herein; or
L. Three (3) or more offenses within any one hundred eighty (180) day period of selling, serving, giving away, disposing of, exchanging, delivering, procuring, possessing or permitting the sale of alcoholic beverages to, for or by any person under lawful age or to an intoxicated person, New Mexico Statutes Annotated sections 60-7A-16 and 60-7B-1; using property to provide, offer or permit the consumption of intoxicating liquors by three (3) or more persons who are under the age of twenty one (21) without their parents' or guardians' knowledge or consent or the order of a practicing physician, or as part of a religious ceremony, or failing to use reasonable control and ordinary care to keep persons under the age of twenty one (21) from consuming intoxicating liquors on one's property; or
M. The sale of alcoholic beverages at any place other than a valid (not suspended or revoked) licensed premises, New Mexico Statutes Annotated section 60-7A-4.1; or the unlawful manufacture of alcoholic beverages, New Mexico Statutes Annotated section 60-7A-7; or
N. The unlawful transportation or storage of any property that is the subject of a felony theft, misdemeanor theft, or theft by receiving, under New Mexico Statutes Annotated chapter 30, article 16; or
O. Assault upon a peace officer, New Mexico Statutes Annotated section 30-22-21; aggravated assault upon a peace officer, New Mexico Statutes Annotated section 30-22-22; assault with intent to commit a violent felony upon a peace officer, New Mexico Statutes Annotated section 30-22-23; battery upon a peace officer, New Mexico Statutes Annotated section 30-22-24; aggravated battery upon a peace officer, New Mexico Statutes Annotated section 30-22-25; assisting in assault upon a peace officer, New Mexico Statutes Annotated section 30-22-26; disarming a peace officer, New Mexico Statutes Annotated section 30-22-27; or
P. Three (3) or more offenses within any one hundred eighty (180) day period of unreasonable noises, section 5-1-24 of this code; or
Q. The accumulation of junk, trash and refuse on property including the sweeping, placing or throwing of solid waste or other waste materials upon sidewalks, streets or alleys.
R. The causing to remain in or about a premises any solid waste, weeds, motor vehicles not in operating condition, wastewater or any conglomeration of residue thereof, which emits odors, or serves as a feeding or breeding place of flies, mosquitoes, insects or rodents, including the keeping of animals in such a manner or in such a number as to annoy others.
REAL PROPERTY: Land and all improvements, buildings, and structures, and all estates rights and interests, legal and equitable, in the same, including, but not limited to, all forms of ownership and title, future interests, condominium rights, timeshare rights, easements, water rights, mineral rights, oil and gas rights, space rights, and air rights.
STRUCTURE: Anything constructed, erected, or placed upon real property which is so firmly attached to the land as to be reasonably considered part of the real estate, and includes buildings of every type and nature whatsoever.
TENANT: Any person who uses, resides in, or occupies property identified as a public nuisance, regardless of whether the tenant has the consent of the owner to use, reside in, or occupy the property.
VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including any frame, chassis or body of any vehicle or motor vehicle, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks. (Ord. 2012-4, 6-12-2012)