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§ 130.009 ABANDONMENT OF DANGEROUS CONTAINERS.
   (A)   Abandonment of dangerous containers consists of any person:
      (1)   Abandoning, discarding, or keeping in any place accessible to children, any refrigerator, icebox, freezer, airtight container, cabinet, or similar container of a capacity of 1 and 1/2 cubic feet or more, which is no longer in use, without having the attached doors, hinges, lids, or latches removed, or without sealing the doors or other entrances so as to make it impossible for anyone to be imprisoned therein; or
      (2)   Who, being the owner, lessee, or manager of any premises, with the right of entry or possession thereof, knowingly permits any abandoned or discarded refrigerator, icebox, freezer, airtight container, cabinet, or similar container of a capacity of 1 and 1/2 cubic feet or more, and which remains upon the premises in a condition whereby a child may be imprisoned therein.
   (B)   Whoever commits abandonment of dangerous containers is guilty of violating this section.
(1981 Code, § 16-13) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
Statutory reference:
   Similar provisions, see NMSA § 30-8-9
§ 130.010 LOITERING.
   It shall be unlawful for any person or any number of persons to so stand, loiter, or walk upon any street or sidewalk in the city as to obstruct free passage over, on, or along the street or sidewalk. It shall also be unlawful for any person to stand or loiter upon any street or sidewalk in the city after having been requested by any police officer to move on.
(1981 Code, § 16-15) (Ord. 742, passed 12-9-1986) Penalty, see § 130.999
§ 130.011 TRAINS.
   (A)   No locomotive or train shall be operated at a rate of speed within the limits of the city in excess of 30 mph.
   (B)   Warnings of the approach of the locomotives or trains to any and all street crossings within the city shall at all times be given by ringing a bell or sounding a whistle at a distance of not less than 300 feet before the entering upon any street crossing by the locomotive or train.
(1981 Code, § 16-16) Penalty, see § 130.999
§ 130.012 INTERFERENCE WITH FIRE CONTROLS.
   (A)   Interference with fire controls consists of either:
      (1)   Giving a false fire alarm to any city, county, or state official or employee, whether by means of a fire alarm or otherwise;
      (2)   Interfering with the proper functioning of a fire alarm system; or
      (3)   Interfering with the lawful efforts of firefighters to extinguish a fire.
   (B)   Whoever commits interference with fire controls is guilty of violating this section.
(1981 Code, § 16-181) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
§ 130.013 AEROSOLS.
   (A)   No person shall sell spray paint to a minor. For purposes of this section, a minor is deemed to be any person who is under 18 years of age. The providing of a New Mexico driving license shall be prima facie proof of age.
   (B)   No person shall intentionally buy, procure, or provide spray paint to a minor, for the purpose of, or capable of, defacing property or for use as an inhalant by a minor.
   (C)   Any person who owns, manages, or operates a place of business, where aerosol containers of paint capable of defacing property are sold, shall conspicuously post a copy of this section in the place of business in letters at least of an inch high.
   (D)   Every person who owns, manages, or operates a place of business selling aerosol spray paint in cans shall store or cause the aerosol cans to be stored viewable by the public, but not accessible to the public in the regular course of business, without employee assistance pending legal sale or disposition of the paint cans.
   (E)   No person under 18 years of age shall have in his or her possession any can of aerosol spray paint, while in any public place, except under the supervision of a parent or other parental-approved adult supervisor, whether the person is or is not in any automobile, vehicle, or other conveyance.
   (F)   No person shall intentionally smell, sniff, or inhale the fumes or vapors from a glue, aerosol spray product, or other chemical substances, for the purpose of causing a condition of or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, stupefecation, or dulling of the senses, or for the purpose of in any manner changing, distorting, or disturbing the audio, visual, or mental processes.
   (G)   No person shall deface or damage any property by means or through the use of spray paint.
(1981 Code, § 16-183) (Ord. 847, passed 8-8-1995) Penalty, see § 130.999
PUBLIC PEACE
§ 130.025 ASSAULT.
   (A)   Assault consists of either:
      (1)   An attempt to commit a battery upon the person of another;
      (2)   Any unlawful act, threat, or menacing conduct which causes another person to reasonably believe that he or she is in danger of receiving an immediate battery; or
      (3)   The use of insulting language toward another impugning his or her honor, delicacy, or reputation.
   (B)   Whoever commits assault is guilty of violating this section.
(1981 Code, § 16-29) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
Statutory reference:
   Similar provisions, see NMSA § 30-3-1
§ 130.026 BATTERY.
   (A)   Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent, or angry manner.
   (B)   Whoever commits battery is guilty of violating this section.
(1981 Code, § 16-30) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
Statutory reference:
   Similar provisions, see NMSA § 30-3-4
§ 130.027 DISORDERLY CONDUCT.
   (A)   Disorderly conduct consists of either:
      (1)   Engaging, in any public or private place, in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct which disturbs the public peace;
      (2)   Maliciously making a telephone call with intent to annoy another, whether or not conversation ensues;
      (3)   Maliciously disturbing, threatening, or, in an insolent manner, intentionally touching any house or vehicle occupied by any person; or
      (4)   Causing, aiding, abetting, or assisting in creating any riot, affray, or disturbance at or within any dwelling or building, whether public or private, or at any other public place in the city.
   (B)   Whoever commits disorderly conduct is guilty of violating this section.
(1981 Code, § 16-31) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
§ 130.028 UNLAWFUL ASSEMBLY.
   (A)   Unlawful assembly consists of 3 or more persons assembling together with intent to do any unlawful act with force or violence against the person or property of another, and who make any overt act to carry out the unlawful purpose.
   (B)   Whoever commits unlawful assembly is guilty of violating this section.
(1981 Code, § 16-32) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
Statutory reference:
   Similar provisions, see NMSA § 30-20-3
§ 130.029 OBSTRUCTING MOVEMENT.
   (A)   Obstructing movement consists of either:
      (1)   Hindering, annoying, or molesting persons passing along any street, sidewalk, crosswalk, or other public way;
      (2)   Loitering, sitting, or standing around or at the entrance of any church, public hall, theater, public building, or other place of public assemblage in any manner so as to unreasonably obstruct the entrance; or
      (3)   Holding any meeting, gathering, or assemblage of any group of persons whatsoever in the halls of public buildings within the city or in the streets, sidewalks, or alleys without a permit therefor issued under this section. A permit therefor shall be issued by the City Manager upon written application stating that the gathering or assemblage will not unreasonably affect the public peace, health, safety, or flow of traffic.
   (B)   Whoever commits obstructing movement is guilty of violating this section.
(1981 Code, § 16-33) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
Statutory reference:
   Authority of city to regulate or prohibit any practice which tends to annoy persons on a street or public ground, see NMSA § 3-18-17B
§ 130.030 REMOVAL OF BARRICADES.
   (A)   Removal of barricades consists of knowingly or willfully removing, destroying, or interfering with any barrier, guard, or light placed before or at any dangerous place in or near the streets, sidewalks, or ways of the city for the purpose of warning or protecting travelers from injury or damage. Removal after the danger has ceased and temporary removal to allow the passage of a vehicle with immediate subsequent replacement shall not be considered unlawful.
   (B)   Whoever commits removal of barricades is guilty of violating this section.
(1981 Code, § 16-34) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
Statutory reference:
   Authority of city as to streets, sidewalks, and public grounds generally, see NMSA § 3-49-1
§ 130.031 UNREASONABLE NOISE.
   (A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      UNREASONABLE NOISE. Only the following listed noise sources can be considered UNREASONABLE NOISE.
         (a)   The unnecessary sounding of any horn or other signal device on any automobile, truck, bus, or motorcycle;
         (b)   The exhaust discharge of any internal combustion engine, except through a muffler in good working order designed and constructed as to prevent noise which would otherwise violate this section;
         (c)   The use of engine retarder (“Jake Brakes”) inside the city limits;
         (d)   The sound of any radio, television, electronic device, phonograph, or any musical instrument;
         (e)   The use of any automobile, truck, bus, or motorcycle so out of repair, or so loaded, or in the manner as to create loud and unnecessary grating, grinding, rattling, or other noise;
         (f)   Burglar alarms and other alarms which provide a false or unnecessary signal more than once a month;
         (g)   The use of any loudspeaker, drum, whistle, bell, or other instrument or device for the purpose of attracting attention, by the creation of sound, to any event, performance, parade, show, sale, display of merchandise or political candidate, party, or platform without first obtaining a written permit from the City Manager; or
         (h)   Duration longer than 15 minutes of howls, barks, squawks, human voices, or other sounds from people, pets, livestock, birds, or other animals.
   (B)   Noise-limited area and time. A noise-limited area and time is established in areas where residences, schools, hospitals, or churches exist 24 hours per day and in nonresidential areas between the hours of 9:00 p.m. to 8:00 a.m. Unreasonable noise shall be noise limited to those sources listed in division (A) above which are plainly audible at the property boundary of the source; or is plainly audible at 100 feet or more from the device when operated from a vehicle parked or traveling in a public right-of-way; or plainly audible through partitions common to occupants of separate dwelling units in the same building.
   (C)   Less stringent noise-limited area and time. A less stringent noise-limited area and time is established in nonresidential areas from 8:00 a.m. to 9:00 p.m. Unreasonable noise shall be noise limited to those sources listed in division (A) above which are plainly audible 100 feet or more from the property boundary of the source; or plainly audible at 300 feet or more from the device when operating from a vehicle traveling or parked in a public right-of-way; or plainly audible through partitions common to occupants of separate dwelling units in the same building.
   (D)   Violation. Whoever commits unreasonable noise is guilty of violating this section.
(1981 Code, § 16-35) (Ord. 579, passed 1-28-1969; Am. Ord. 874, passed 10-14-1997) Penalty, see § 130.999
§ 130.032 PEACE BOND PROCEEDINGS.
   (A)   Complaints; warrant; hearing; order; bond; commitment on failure to give. Whenever any person shall make oath or affirmation stating, among other things, that the person making the complaint has just cause to fear, and does fear, that another will beat, wound, or kill him, or his or her ward, child, or children, or will commit some other act of personal violence upon him or her or them, or will maliciously destroy his or her property, or will assault, batter, or engage in disorderly conduct, in violation of §§ 130.025 through 130.027; it shall be the duty of the Municipal Judge, to whom the complaint is made as aforesaid, to issue his or her warrant commanding any officer of the city to arrest and bring before him or her the person complained of to answer the complaint. Upon the return of the warrant with the person in custody, it shall be the duty of the Municipal Judge to examine him or her as to the truth of the complaint. If upon the examination he or she shall be of the opinion that there was just cause therefor, he or she shall order the person complained of to enter into recognizance with good and sufficient securities in a sum not to exceed $300, but not less than $100, conditioned that he or she shall keep the peace and be of good behavior generally, and especially to the person complaining, for a period of 6 months thereafter. In default of the recognizance, the Municipal Judge may release the person so complained of upon his or her own recognizance, conditioned that he or she shall keep the peace and be of good behavior generally, and especially to the person complaining, for a period of 6 months thereafter, or the Municipal Judge may commit the person so complained of to the city jail until discharged by due course of law. The order of the Municipal Judge as to the giving of bond or release upon recognizance and the conditions thereof shall be in writing, and signed by the Municipal Judge.
(1981 Code, § 16-47)
   (B)   Discharge on giving bond. If the person complained of under division (A) above be committed for not giving bond, the Municipal Judge may discharge him or her upon the bond being given.
(1981 Code, § 16-48)
   (C)   Assault or threat in presence of Municipal Judge; requiring bond. Any person who, in the presence of the Municipal Judge, shall assault or threaten to assault another, or to commit an offense against his or her person or property, may be required by the Municipal Judge to give security to keep the peace as provided in this division.
(1981 Code, § 16-49)
   (D)   Proceedings after giving bond.
      (1)   A person who has given bond to keep the peace under this division must appear at the Municipal Court at the end of 6 months from the giving of bond. If the complainant appears, but the defendant does not appear, the Municipal Judge may forfeit the bond and order scire facias to issue against the parties on the bond. If the defendant fails to come in and answer the scire facias, judgment shall be final against the parties on the bond.
      (2)   If neither the complainant nor the defendant appears, the Municipal Judge must discharge the bond at the cost of the defendant; but if both parties appear, the court may hear their proofs and allegations, may either discharge the bond or require a new 1 for a time not exceeding 6 months, and may award the costs against either the complainants or defendant, as justice may require.
(1981 Code, § 16-50)
   (E)   Subsequent proceedings. A person who has given bond to keep the peace, or who has been released upon his or her own recognizance, under this division must appear upon further complaint by the complainant of a violation of the terms of the bond or release upon recognizance within 6 months thereafter. If, after notice, the complainant appears, but the defendant does not appear, or if both parties appear and the Municipal Judge, after hearing the proofs and allegations, find that there has been a violation of the terms, the Municipal Judge may forfeit the bond and order scire facias to issue against the parties on the bond, or may punish the defendant as provided in § 130.999(A)(1). If the defendant fails to answer the scire facias, judgment shall be final against the parties on the bond.
(1981 Code, § 16-51)
   (F)   Forms of peace bonds. The forms of bond required by this division shall be the same as heretofore used by courts of justices of the peace in this state in peace bond proceedings.
(1981 Code, § 16-52)
(Ord. 773, passed 4-12-1988)
PUBLIC OFFICERS AND EMPLOYEES
§ 130.045 RESISTING, OBSTRUCTING, OR REFUSING TO OBEY AN OFFICER.
   (A)   Resisting, obstructing, or refusing to obey an officer consists of either:
      (1)   Knowingly obstructing, resisting, or opposing any officer of this state or any other duly authorized person serving or attempting to serve or execute any process or any rule or order of any of the courts of this state or any other judicial writ or process;
      (2)   Resisting or abusing any judge, magistrate, or peace officer in the lawful discharge of his or her duties;
      (3)   Refusing to obey or comply with any process or order of any police officer in the discharge of his or her duty; or
      (4)   Interfering with, obstructing, or opposing any officer in the lawful discharge of his or her regular and affixed duties.
   (B)   Whoever commits resisting, obstructing, or refusing to obey an officer is guilty of violating this section.
(1981 Code, § 16-66) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
§ 130.046 REFUSING TO AID AN OFFICER.
   (A)   Refusing to aid an officer consists of refusing to assist any peace officer in the preservation of the peace when called upon by the officer in the name of the United States, the state, or the city.
   (B)   Whoever commits refusing to aid an officer is guilty of violating this section.
(1981 Code, § 16-67) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
Statutory reference:
   Similar provisions, see NMSA § 30-22-2
§ 130.047 IMPERSONATING A PUBLIC OFFICER.
   (A)   Impersonating a public officer consists of any person either:
      (1)   Without due authority, exercising or attempting to exercise the functions of any peace officer; or
      (2)   Falsely assuming or pretending to be a peace officer, justice of the peace, or coroner with intent to deceive another.
   (B)   Whoever commits impersonating public officer is guilty of violating this section.
(1981 Code, § 16-68) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
Statutory reference:
   Similar provisions, see NMSA § 30-27-2.1
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