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A. Engaging In Gambling Prohibited. It is unlawful to play at, run or operate any game or games of chance, keno, fargo, monte, passfore, passmonte, twenty-one, roulette, chuck-a-luck, hazard, fan tan, poker, stud poker, red and black, high and low, craps, black jack or any other game of chance played with dice, cards, punch boards, slot machines or any other gaming device for money or anything of value in the city.
B. Operating Gambling Establishment Prohibited.
1. The business of gambling or the establishment of a gambling place within one mile of the city is declared to be an offensive or unwholesome business or establishment and is prohibited. Any person who engages in or establishes any gambling game by whatever name or by whatever device within the area above specified is deemed guilty of a violation of this section.
2. Any person who is the owner or possessor of any game mentioned in the subsection A or any person engaged in operating any such game or knowingly supplying any such game with cards or dice or other devices or who is in actual possession and control as owner, lessee or otherwise of the premises upon which any such game is run or operated or who shall knowingly lease premises so to be used or who, having leased such premises, knowingly permits the same so to be used, shall be guilty of a violation of this section.
3. Any person or the members of an organization or club who manages, controls or banks any such game as enumerated in this section or who takes or receives any money or thing of value or anything representing value for himself, themselves, or such organization or club or for any other person for such game to buy drinks, cards or for expenses of the game or for running such game or for any other like or similar person, shall be deemed an operator of the game.
C. Complaint, Warrant, Arrest.
1. Upon filing with the municipal judge of an affidavit in writing made by any citizen that gambling, as prohibited by this section, is being conducted in any building, room, premises or place, describing the same sufficiently for identification, it shall be the duty of the municipal judge to immediately issue a warrant commanding the police to whom such warrant is addressed to enter and search such building, room, premises or place. In the event such place is being used for purposes prohibited by this section, he shall arrest, without a warrant, the parties therein or making their escape therefrom who would be subject to arrest with a warrant, and take possession of any gambling paraphernalia, devices or equipment found therein and shall hold the same until the owner or possessor of such paraphernalia, devices or equipment shall be deprived of possession thereof by law.
2. All money on any table, in any machine or paraphernalia of any kind or description used for gambling purposes or in connection therewith, shall be subject to seizure by any officer of the police department. Such money, tables, machines, or other gambling paraphernalia of any kind or description used for gambling purposes shall, by the order of the municipal judge, be destroyed and demolished.
3. It shall be the duty of such officer to take the person or persons so arrested before the municipal judge and lodge the proper complaint against each person so arrested.
D. Enforcement. It shall be the duty of the police department of the city to enforce the provisions of the foregoing section by appropriate raids, seizure of gambling paraphernalia and bringing to trial ail offenders of the provisions of this chapter. It shall be the duty of the city attorney to investigate and prosecute vigorously ail violations of this section. (Prior code §§ 17-1-1-17-1-7)
A. It is unlawful for any person to make a bet, enter or remain in a gambling place with intent to make a bet, participate in a lottery or play a gambling device or to conduct a lottery or possess facilities with intent to conduct a lottery.
B. It is unlawful to participate in the earnings of or to operate a gambling place; or to receive, record, forward or possess facilities with the intent to receive or forward bets or offers to bet or become a custodian of anything of value bet or offered to be bet; or to conduct a lottery or possess facilities with the intent to conduct a lottery where both the consideration and the prize are money; or to set up for use for the purpose of gambling, or operate any gambling device or collect the profits therefrom.
C. It is unlawful for any person to knowingly permit any property owned or occupied by him or under his control to be used as a gambling place or to knowingly permit a gambling device to be set up for the purpose of gambling in a place under his control.
D. It is unlawful to manufacture, commercially transfer or possess with the intent to commercially transfer any device which he knows evidences, purports to evidence or is designed to evidence a gambling purpose or any device which he knows is designed exclusively as a subassembly or essential part of such device including, but not limited to gambling machines, numbers, jars, punch boards or roulette wheels. Proof of possession of any device designed exclusively for gambling purposes other than in a gambling place and not set up for use is prima facie evidence of possession with intent to transfer commercially.
E. Nothing in this section shall be construed to apply to any sale or drawing of any prize at any fair held in the city for the benefit of any church, public library or religious society if such benefit shall be expended in this city for the benefit of such church, public library, religious society or charitable purposes. A lottery may be operated for the benefit of the organization or charitable purpose only when the entire proceeds of the lottery go into the organization for charitable purposes and no part of such proceeds go to any individual member or employee thereof.
F. Nothing in this section shall be held to prohibit any motion picture theater from offering prizes of cash or merchandise for advertising purposes in connection with such business whether or not any consideration other than monetary in excess of the regular price of admission is exacted for participation in drawings for prizes.
G. Nothing is this section shall be construed to apply to any lottery operated by an organization exempt from the state income tax and not subject to the provisions of subsection E of this section; provided, that:
1. No more than two lotteries shall be operated in any year by such an organization;
2. All the gross proceeds less the reasonable cost of prizes of any lottery operated by such organization shall be expended in the city for the benefit of the organization or public purposes; and
3. No part of the proceeds of any lottery shall go to any individual member or employee of any organization except as payment for the purchase of prizes at no more than the reasonable retail price. (Amended during 1992 codification: prior code § 7-3-4)
It is unlawful to be found in any place where gambling or prostitution is being conducted with knowledge of such activity or to give or attempt to give any signal intended to give warning of the approach of any police officer to any person in or about any place where any illegal activity is being conducted. (Prior code § 7-3-5)
A. "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. It does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
B. It is unlawful for any person intentionally to possess marijuana unless it was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by law.
C. Any person who is guilty of violating this section with respect to one ounce or less of marijuana shall be punished for the first offense by a fine of not less than fifty dollars nor more lhan one hundred dollars and by imprisonment for not more than fifteen days and for the second and subsequent offenses shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars nor more than three hundred dollars or by imprisonment for not more than ninety days, or both such fine and imprisonment.
D. Any person convicted of violation of this section, commonly referred to as "possession of marijuana," shall be assessed, in addition to all other fees or fines, a fee of seventy-five dollars. Municipal court shall collect the fee and dispose of the proceeds in accordance with the requirements of Section 31-12-8 N.M.S.A., 1978. (Ord. 360, 1990; prior code §§ 7-1-31, 7-1-31.1)
A. Definitions. As used in this section, the following terms shall have the meanings ascribed:
1. "Controlled substance" means a drug, substance or immediate precursor listed in Schedules I through V of the Controlled Substances Act of the state or regulations adopted thereto (Section 30316 to 303110 N.M.S.A., 1978). A copy of the Controlled Substances Act will be kept on file in the office of the city clerk for public inspection or copying upon payment of a reasonable fee.
2. "Deliver" means the actual, constructive or attempted transfer from one person to another of paraphernalia as defined in this section.
3. "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. Such term does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
4. "Paraphernalia" means all equipment, products and materials of any kind which are used, 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 of 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 devices used, 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 and balances used, intended for use or designed for use in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
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 marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads,
b. Water pipes,
c. Carburetion tubes and devices,
d. Smoking and carburetion masks,
e. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand,
f. Miniature cocaine spoons, and cocaine vials,
g. Chamber pipes,
h. Carburetor pipes,
i. Electric pipes,
j. Air-driven pipes, k. Chillums, 1. Bongs,
m. Ice pipes or chillers.
In determining whether an object is paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of laws relating to controlled substances;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of laws relating to controlled substances; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use as paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the community;
14. Expert testimony concerning its use.
"Paraphernalia" does not include hypodermic syringes or needles in the possession of a person who is required to give himself or herself injections of medicine prescribed by a physician while the person is under the care of such physician, or in the possession of a licensed physician, dentist, veterinarian, nurse, dealer in surgical and medical instruments and supplies, pharmacist or employee of a hospital, sanitorium or institution where such items are used for medical purposes by licensed medical professionals, or in the possession of an owner of livestock to be used for administering medical attention to such livestock.
B. Prohibited Acts.
1. It is unlawful for any person to use, or to possess with intent to use, paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
2. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
3. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia.
C. Violation-Penalties.
1. Any person found guilty of violating this section shall be punished by a fine of up to three hundred dollars, or a jail sentence of not more than ninety days, or both such fine and imprisonment.
2. Paraphernalia, as defined in this section, shall be subject to summary forfeiture and shall be destroyed as provided by law in the same manner as controlled substances. (Ord. 340 § 1, 1986: prior code § 7-1-32)
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