(A) In the interpretation and construction of this chapter, the rules of construction and definitions set out in this section shall be observed, unless they are inconsistent with the manifest intent of the City Commission or the context clearly requires otherwise.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.”
CITY. The City of Raton, New Mexico.
CITY MANAGER. The City Manager of Raton, New Mexico, or his or her designated representative.
COURT. The Municipal Court of the City of Raton, New Mexico.
DISTRIBUTE. Includes, but is not limited to, sale, gift, or any other manner of disbursement.
GENDER. Words importing the masculine gender shall include the feminine and neuter.
HOUSE OF PROSTITUTION. Any place where prostitution or promotion of prostitution is carried on.
NUMBER. Words used in the plural number include the singular number and vice versa.
OBSCENE. Includes, but is not limited to, that which offends the contemporary community conscience by present day standards, and shall include, but not be limited to, the terms “lewd,” “lascivious,” “immoral,” and “appealing to the prurient interest.”
OBSCENE PUBLICATION. Includes, but is not limited to, any obscene book, magazine, newspaper, writing, pamphlet, ballad, printed paper, print, picture, drawing, photograph or recording of any nature containing obscene language or sounds, any obscene moving pictures, any obscene television program, any obscene figures, statues, descriptions, or any other obscene publication or reproduction of any kind or nature.
PERSON. Includes, but is not limited to, any natural person, whether over or under 21 years of age, or any firm, partnership, association, corporation, company, or organization of any kind.
POSSESS. Includes, but is not limited to, any manner of custody, control, or ownership, no matter how initiated.
PROMOTE. Includes, but is not limited to, the words “sale,” “exhibition,” “loan,” “circulation,” or any act calculated to attract attention to a particular publication or person.
PROSTITUTE. A person who engages in or offers to engage in sexual intercourse for hire.
PUBLIC PLACE. Includes, but is not limited to, public dance halls, pool rooms, bars, saloons, bowling alleys, coffee houses, commercial establishments patronized by the public, city, county, state, or federal buildings, streets, sidewalks, parks, or alleys.
SEXUAL INTERCOURSE. Penetration of the vagina of a female to any extent by the penis of a male. Proof of SEXUAL INTERCOURSE does not require proof of emission.
SHALL. Is mandatory and not merely directory.
(1981 Code, § 16-4) (Ord. 579, passed 1-28-1969)