ALCOHOLIC BEVERAGE: Distilled or rectified spirits, potable alcohol, brandy, whisky, rum, gin and aromatic bitters bearing the Federal Internal Revenue strip stamps or any similar alcoholic beverage, including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent (0.5%) alcohol but excluding medicinal bitters.
BEER: Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt and hops or other cereals in water, and includes porter, beer, ale and stout.
BUS: Every motor vehicle designed and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
CAMPER: A vehicle which is composed of a chassis, or frame with wheels, which either has its own motive power or is drawn by another vehicle, and a camping body primarily designed or converted for use as temporary living quarters for recreational, camping or travel activities.
CLERGYMAN: A person who is a member of the clergy and is ordained by a recognized religion to perform pastoral or sacerdotal functions in a duly organized setting.
CONTAINER: A receptacle or holder of some specified substance. Receptacle or holder includes, but is not limited to, bottle, can, cup, glass, or other similar devices designed to hold or contain a quantity of some specified substance.
DOCTOR: A person who is duly licensed by New Mexico to practice medicine, and is authorized by his profession to give medical treatment.
DRIVER: Every person who drives or is in actual physical control of a motor vehicle, including a motorcycle, upon a street (roadway) or who is exercising control over or steering a vehicle being towed by a motor vehicle.
FORTY EIGHT HOURS: Means that each offender shall be sentenced to a jail term of not less than forty eight (48) consecutive hours which shall not be suspended or deferred or taken under advisement.
GLOVE COMPARTMENT: A storage cabinet in the dashboard or passenger compartment of a motor vehicle.
HOUSE TRAILER: Any vehicle without motive power designed or used as a mobile home, office, shop, or as a recreational, camping or travel facility.
HOUSECAR: A vehicle which is composed of a chassis, or frame with wheels, which either has its own motive power or is drawn by another vehicle, and a camping body primarily designed or converted for use as temporary living quarters for recreational, camping or travel activities.
LIMOUSINE: A larger than normal motor vehicle used in the transportation of persons for hire; and a large luxurious often chauffeur-driven sedan that sometimes has a glass partition separating the driver's seat from the passenger compartment.
LIVING QUARTERS: That area of the motor vehicle divided and separated from the driving compartment of a motor vehicle which is a distinct and assigned location for living accommodations when the vehicle is at rest.
MEDICINAL PURPOSES: Means that a licensed physician or doctor of medicine prescribes and designates the use of alcohol, including medicinal bitters for use as a remedy.
MOBILE HOME: A house trailer, other than one held as inventory for sale or resale, that exceeds either the width of eight feet (8') or a length of forty feet (40'), when equipped for the road.
MOTOR VEHICLE: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails. "Motor vehicle" includes, but is not limited to, automobiles, cars, mopeds, motorcycles, motor-driven cycle, semi-truck or trailer, including all other devices designed to travel on roadways.
OPEN CONTAINER: A receptacle or holder which has been opened, or seal broken, or the contents of which have been partially removed.
PASSENGER(S): Every person who is physically in a motor vehicle, but who does not have actual physical control of a motor vehicle upon a roadway and who is not exercising control over or steering a vehicle.
PASSENGER COMPARTMENT: That area embraced within the motor vehicle where the driver and passengers normally participate as driver or passenger in a motor vehicle which includes, but is not limited to, the front or rear seats of the motor vehicle.
PERSON: Every natural person, firm, copartnership, association, corporation, or other legal entity.
POSSESSION: The act of having or taking into control any alcoholic beverages for any reason, including consumption on any street, roadway, or highway while in a motor vehicle. The term does not apply to the possession of alcohol for an established religious purpose or to the sale, handling, transport, delivering, pursuant to the lawful employment of a person duly licensed by the manufacturer, wholesaler, or retailer of alcoholic beverages.
RECEPTACLE: Any container or holder that receives or contains an amount of some specified substance. Receptacle includes, but is not limited to, bottle, can, glass, cup, plastic container, or other similar devices designed to hold or contain a quantity of some specified substance.
RECREATIONAL VEHICLE: A vehicle which is composed of a chassis, or frame with wheels, which either has its own motive power or is drawn by another vehicle, and a camping body primarily designed or converted for use as temporary living quarters for recreational, camping or travel activities.
REGISTERED OWNER: A person who holds the legal title of a vehicle or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or, in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor.
ROADWAY: That portion of a street improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a street includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
TAXICAB: A motor vehicle used in the transportation of persons for hire, having a normal seating capacity of not more than seven (7) persons.
TRAILER: Any vehicle, without motive power, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle.
TRUNK: That area of the motor vehicle normally referred to as the luggage compartment of a motor vehicle, which is separate and inaccessible from the driver or passenger compartment of a motor vehicle.
UTILITY COMPARTMENT: A storage area located in the dashboard or any other area of the driver or passenger compartment of a motor vehicle.
VAN: An enclosed wagon or motortruck used for transportation of goods or animals; and a multipurpose enclosed motor vehicle having a boxlike shape, rear or side doors, and side panels often with windows.
(Ord. 1988-04, 2-16-1988, eft. retroactive to 1-15-1988)