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605 TOWN OF TAOS ORDINANCES YEAR: NUMBER: 6 O 5 y ORDINANCE NO. 605 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF TAOS-THAT the following listed offenses are hereby made crimes if committed within the Town of Taos as follows: 1. ASSAULT. It is unlawful for any person to commit i a battery upon the person of another, nor shall any person by any unlawful act, threat, or menacing conduct cause another person to believe he is in danger of receiving an immediate battery, nor ' shall any person, by the use of insulting language toward another, f impugn his honor, selicacy or reputation. i 2, :BATTERY. It is unlawful for any person to beat, strike, wound, inflict violence or apply force to the person of another, nor shall a person intentionally touch or apply force to the person of another in a rude, insolent, angry or hostile manner except in connection with an exhibition duly authorized and licensed under law, or in lawful self-defense, or in the line of duty as a •duly authorized police officer as circumstances warrant. 3. TRESPASS. It is unlawful , with ma',i ci:,us intent, to enter or remain upon the property of another knowing that consent to enter or remain has been denied or withdrawn by the owner or occupant thereof. 4. PROWLING. It is unlawful to lurk, lie in wait or be :• concealed upon the property of another without physical or lawful business with the owner or occupant thereof. 5. DISTUR3I10 THE PEACE. It is unlawful for any person to / disturb or aid in disturbing the peace of others by violent, tumultuous, offensive, or other obstreperous conduct, and no person shall knowingly permit such conduct upon any property owned by him or under his control or supervision. 6. UNREASONABLE NOISE. It is unlawful for any person to make, continue 3r cause to be made, any loud or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. Unlawful noises include but shall not be limited to the following: (a) Horns and Sional Devices. The sounding of any horn or signaling ev`ce o any autr otiiTe, motorcycle, truck or other vehicle on any street or public place except as a danger warning, the creation by :neans of any such signaling devices of any unreasonable, loud, or harsh sound, the sounding of such devices for any unnecessary and unreasonable period of time other than by accident or mechanicala electrical or other difficulty or failure, and the use of any such signaling device where traffic is held up. i (b) Radios and Phonographs. The use or operation of any radio, phonograph or otherr sound producing machine in such a manner as to disturb the peace and quiet of neighbors. (c) Loud-Speakers and Amplifiers Used for Advertising. The use or operation or permitting to be played, us-e , or operated any radio, receiver set, musical instrument, phonograph, tape recorder, loud-speaker, sound amplifier or other machine or devica for the production or reproduction of sound which is cast upon the public streets for the purpose of commercial advertising or attract- ing the attention of the public in any residential area except with the proper permit elsewhere prescribed. (d) Yelling or Shouting. Yelling, shouting or creating other loud noises which annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or residence, or of any persons in the vicinity. (e) Animals. The keeping of any animals which, by causing frequent or-long continuous noise, shall disturb the comfort or repose of any persons of the vicinity. (f) Schools , Courts, Churches Hos itals. The creat- ing of any excessive noise on any street adjacent to any hospital, school , institution of learning, church or court which inter- feres with the workings of such institution, or which disturbs or annoys patients in a hospital . (g) Pounding.. The pounding or hanneri ng on any metal object or thing except inside a building or in connection with the construction or er?ction of a building. 7. DISORDERLY C0,11DUCT. A person is euilty of disorderly conduct if, wit a purpose to cause public danger, alarm, dis- order or nuisance h:. �Ililfully: (a) creates a disturbance of public order by an act of violence or by any act likely to produce violence; or (b) a°�; gas in fi yhting, or in violent, threatening or tumultuous be!:avior; or (c) makes any unreasonably loud noise; or (d) addresses; abusive language or Vireats to any person present which creates a ciear and present Banger of violence; or (e) causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer, where three or more persons are coiiM tting acts of dis- orderly conduct in the immediate vicinity; or (f) damages, befouls or disturbs public property on property of another so as to create a hazardous, unhealthy or physically offensive condition; or (g) commits a trespass on residential property or on public property. Trespass fcr the purpose of this ordinance shall mean: (1) Entering upon, or refusing to leave, any residential property of another, either where such property has been posted with "rho Trespassing" signs, or where immediately prior to such entry, or subsequent thereto, notice is given by the i owner or occupant, orally or in writing, that such entry, or contin- ued presence is prohibited. (2) Entering upon, or refusing to leave, any i public property in violation of regulations promulgated by the official charged lviith the security, care or maintenance of the property and approved by the governing body of tie public agency owning property, where such regulations have been conspicuously posted or w;;ere immediately prior to such entry, or subsequent thereto, such regulations are made !mown by the official charged with the security, care or maintenance of the property, his agent or a police officer. (h) nuke a teleohone call with intent to annoy another, whether or not conversation ensues; or (i) solicits a sale of merchandise or service by use of the telephone when such solicitation has not been invited by 1 the person :solicited, or conducts a sales campaign or promotion over the teleph one �.,ithout conseht of she person called; or (j) hinders, annoys, or molests persons passing alo;;g any street, sidewalk, crosswalk or other pu;,lic clay, or loiters, sits or stands around the entrance of any church, theatre, public building, or other Place of public assemblage in any manner so as to unreasonably obstruct such entrance, or pla.,es or erects upon any public way an obstruction of any type excEpt temporary barriers or darning signs placed for the purpose of safeguarding the public against any hazard; or (k) assembles together with two or more persons with intent to do any unlawful act with force or violence against the person or property of another, and who makes any overt act to carry out such unlawful purpose; or (1) disturbs, threatens, or in any insolent manner intentionally touches any house or vehicle occupied by any person,. B. INTOXICATION. It is unlawful for any person to be in an intoxicated condition in any public place whether as a result of the use of alcoholic ceverages, narcotics, drugs, fumes, stimulants, depressants, glues or cements. 9. DRINKING Ill PUMC. It is unlawful to consume alco- holic beverages in or on any public place except those establish- ments having a license to dispense alcoholic beverages. 10. UNLAWFUL ASSEMBLY. It is unlawful for three or more persons to asse-mble with intent to do any unlawful act by force or violence against the person or property of another or to make any overt act to carry out such unlawful purpose. 11. VAGRANCY. The following acts comprise the crime of vagrancy and t eir commission is unlawful : A. Being without visible or lawful means of support or although possessing the physical ability, failing or refusing to actively seek employment. B. Loitering in or about or on any street, land, avenue, alley or other public place, at any public gathering or assembly, in or around any street, shop, business or commercial establishment or any private property or place without lawful business. i C. Loitering about or upon any public, private or parochial school grounds or building either on foot or in or on any vehicle without lawful business there. D. Wandering abroad and occupying, lodging or sleeping in any vacant or unoccupied barn, house, car, shed, shop or other building or structure or in any automobile, truck, railroad car or other vehicle without owning the same or without the permission cf the owner or person entitled to possession there- of or sleeping in any vacant lot. E. !-!angering abroad and begging fron door to door of private houses or c= erciai business establishments or placing one-self in or upon any public way or public place to beg. 12. 93ST?UCTI{„ MOVEMENT. It is unlawful to hinder, annoy or molest persons passing a ong any street, sidewalk, crosswalk or other public :gay, or to loiter, sit or stand around the entrance of any church, theatre, public building, or other place of public assert_'-lage in any manner so as to unreasonably obstruct s,.,ch entrance or to place or erect upon any public way an obstruc- tion of any type except temporary barriers or warning signs placed for the purpose of safeguarding the public against any hazard. 13. REMOVAL 0! BARRICADES. It is unlawful to remove, destroy or ir, rcera with any barrier, guard or light placed before or in any dangerous place near the streets, sidewalks or other public ways of tide city for the purpose of warning or protecting travelers from injury or danger, provided that removal after the danger has ceased and temporary removal to allow the passage of a vehicle wit.i imm3eiate subsequent replacement shall not be considered unlawful . 14. DEADLY WEAPONS. A. Carryinq of Deaely Weapons. It is unlawful to any .here carry a concealed, oaAea firearm or other weapon capable of proaucing death or great bodily harm including, but not res- stricted to, any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives, chains, can openers, ice picks, and all such weapons with which dangerous cuts or punctures can be inflicted, -including swordcanes and any kind of sharp pointed canes, also slingshorts, bludgeons or any etiler weapon with which dangerous wounds ca,; be inflicted, except in a Person's residence or on real property belonging to him as owner, lessee , tenant,or licensee or in a private automobile or other private means of conveyance for lawful protection of one's person or property while traveling or for other lawful purposes. B. Discharge of Firearms. It is unlawful to discharge within the city imil ` 'ts any piste evolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas- operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided that this section has no application in cases involving the discharge of a firearm for lawful purposes. C. Air and B-B Guns. It is unlawful for anyone to shoot any air rifle, air gun or B-B gun. Parents who permit the violation of this section shall be deemed guilty of violation of Section 41. j D. Exception for Peace Officers. The provisions set forth above shall not be construe to fforF1"d police officers from I carrying, wearing or discharging such weapons as shall be neces- sary in the proper discharge of their duties. E. Exposing Others to Danger. It is unlawful to endanger the safety of another or his property by using a fire- arm or other deadly weapon in a negligent manner or carry a fire- arm while under the influence of any intoxicant or narcotic, or to sell , loan or furnish any deadly weapon to persons under the influence of any intoxicant or narcotic or to any incompetent person. F. Prohibited Weapons. It is unlawful to manufacture, cause to be manufacture , possess, display, offer, sell , lend, ' give away, or purchase any brass or metal knuckles, bludgeon or any knife which has a blade which opens automatically by hand pressure applied to a button, spring, or other device or any knife having a blade which opens, falls or is ejected into posi- tion by the force of gravity or by any outward or centrifugal thrust or movement. G. Sale to Minors. It is unlawful to give, sell , trade, barter or exchange r'o`r anything of value any deadly weapon, air rifle, air gun or B-B gun, or ammunition for any firearm to any person under the age of 18 years provided that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his child or ward. H. Forfeiture of Deadly Weapons. Every person con- victed of the violation of this code shall forfeit to the city any weapons involved in the violation. I. Disposition of Forfeited Weapons. Every police officer upon making an arrest and taking a weapon used in the violation of any section of the municipal code shall deliver the same to the Chief of Police to be held by him until judgment is entered for the offense and upon the finding of guilt the weapon : shall be disposed of as provided in Section 14-56-2 NMSA 1953. 15. FAILURE TO REPORT TREATMENT OF WOUNDS. It is unlawful for any physician , surgeon or other practitioner of the healing arts licensed by the State of New Mexico to fail to immediately report to the City Police Department his treatment of any person in the city for a wound inflicted by a deadly weapon of any kind. 16. PROPELLING OF MISSILES. It is unlawful for any person to shoot, sling or throw any stone, rock or other propellant, missile or substance in any manner as to be reasonably likely to cause injury to any person or property. 17. POSSESSION OF BURGLARY TOOLS. It is unlawful to poss- ess any lock pick, skeleton key or key to be used with a bit or bits, jimmy, sledge hammer, pry bar, cold chisel , dynamite, nitro- glycerine, blasting caps, or any other burglary instrument or instruments commonly used by burglars unless such possession is for a lawful purpose. 18. POSSESSION OF FIREWORKS. A. Unlawful Acts: It is unlawful to manufacture, sell , offer to sell , own, possess or discharge any firecracker, Roman candle, sky rocket, torpedo, bomb, blank cartridges or any other type or form of explosive commonly known as fireworks within the city limits unless such item has been declared by the State Fire Marshall as not being dangerous to persons or property. i B. Exclusions: The term "fireworks" shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths (25/100) grains or less of explosive compound are used, providing they are so constructed that the band cannot come in contact with the cap when in place for use, ar.d toy pistols which contain less than twenty-hund- dredths ( 0/100) grains of explosive mixture, the sale and use of which shall be permitted at all times. C. Public Display. Nothing herein contained shall be held to apply to or prohibit any municipal or civic organization from sponsoring and conducting, in connection with any public celebration, an officially supervised and controlled fireworks display. t 19. BARBED WIRE AND ELECTRIC FENCES. It is unlawful to erect or maintain any fence composed wholly or partly of barbed wire or any fence capable of producing an electric shock upon, along or about any lot or parcel of ground fronting upon or adjoining any street, alley, avenue or public thoroughfare or along or across any irrigation ditch except that jail , prison, industrial , or pro^erty protecti;,n fences may contain one or more strands of barbed wire if such wire is at least six feet above the ground. 20. FALSE ALARMS. It is unlawful for any person to make, turn in or give a false alarm of fire or of need for police or ambulance assistance, or to interfere with the proper function- ing of an alarm system, or to aid or abet the commission of such an act. 21 . FALSE REPORTS. It is unlawful for any person to mal- iciously make or fi-lee with the Police Department any false, misleading or unfounded report or statement concerning the com- mission or alleged commission of any crime. 22. INTERFERENCE WITH OFFICERS. It is unlawful to resist, abuse, molest, hinder, obstruct or refuse to obey or assist when called upon to do so, any police officer, fireman or judge while in the discharge of his duty. 23. IMPERSONATING AN OFFICER. It is unlawful for any per- son other than a duly commissioned po ice officer to wear or carry the uniform, apparel , badge, identification card or other insignia of office, the same, similar or a colorable imitation of that adopted and worn or carried by duly commissioned police officers, unless acting in the course or regular business and with the permission of the city, or without authority to exercise or attempt to exercise the functions of, or pretend to be, a peace officer or judge. 24. UNAUTHORIZED USE OF CERTAIN WORDS AND INSIGNIA. It is unlawful to display on any vehicle or sign the words "police,"police department," "fire department" or words or insignia of similar import without the authority of the city manager, provided that nothing contained herein shall apply to any state or county vehicle. 25. ESCAPE OF PRISONERS. +i A. Escape from Jail or Custody. It is unlawful for any person, while a prisoner of the city or otherwise in the custody of or confined by the city, to escape or attempt to escape or to assist other prisoners to escape or attempt to escape from 1I such custody or confinement. I B. Assisting Escape. It is unlawful for any person to assist, attempt to assist or offer to assist any person in custody of or confined under the authority of the city to escape from jail , place of confinement or custody. 26. DESTROYING, INJURING, REMOVING, TAMPERING WITH OR DEFACING PROPERTY. It is unlawful for any person to willfully, maliciously or wantonly destroy, injure, remove, tamper with or deface real property or improvements thereto or personal property, either public or private. 27. LIBRARY PROPERTY. It is unlawful for any person to carry away without authority, misuse, cut, write upon, injure, deface, tear or destroy any book, periodical , map, newspaper or any other property devoted to public library use. 28. SCATTERING TRASH; RUBBISH. It is unlawful for any person to throw or permit to be deposited or scattered upon any sidewalk, alley, street or public property or upon the pri- vate property of another, any rubbish, waste, trash or other disposed material of any kind. 29. ADVERTISING MATTER. It is unlawful for any person to distribute, place or post in or upon public property any show- card, poster, brochure, circular, handbill or other advertis- ing device, or to distribute, place or post in or upon private property, including utility poles, any such matter without the express consent of the owner. 30. PETTY LARCENY; CONVERSION; EMBEZZLEMENT; FRAUD. It is unlawful or any person to steal , convert, embezzle or acquire by fraud the property of another including any money, goods, chattels, bank notes, bonds, promissory notes, bills of exchange, other bills, orders, certificates or any books of account for or concerning money due or to become due and to be delivered. If the property stolen, converted, embezzled or acquired by fraud exceeds the value of $100.00, the matter shall be referred to the Distric Attorney. 31 . . RECEIVING STOLEN PROPERTY. It is unlawful to buy, procure, receive or conceal anything of value knowing the same to have been stolen, converted, embezzled or acquired by fraud. 32. SHOPLIFTING. It is unlawful for any person to will- fully take poss—ession of or conceal any merchandise offered for sale with the intention of converting it without paying for it or to willfully alter :...y label , price tag or marking upon any merchandise, or transfer any merchandise from one container to another with the intention of depriving the merchant of all or part of the value of the merchandise. 33. ISSUING 14ORTHLESS CHECKS. It is unlawful to issue in exchange for anything of value with intent to defraud any check, draft, or order for the payment of money in the amount of $1 .00 to $25.00 upon any bank or other depository knowing at the time of such issue that insufficient funds or credit exists with the bank or other depository for the payment in full by such check, draft or order. Any person convicted of issuing worth- less checks may be imprisoned for not more than 30 days or fined not more than $100.00 or receive both such imprisonment and fine. 34. REMOVAL OF EARTH. It is unlawful for any unauthorized person to move, distribute or take away any earth, stone or other material from aq public street, way, alley, park or public I ground. 35. OUTDOOR AUTOMOTIVE STORAGE. A. Nuisance Declared: a presence of dismantled, partially dismantled, or inoperable vehicle or parts thereof on any occupied or unoccupied land within the city limits in vio- lation of the terms of this section is a public nuisance. B. Definitions: As used in this section the following terms have the following meanings: (a) "Motor Vehicle" means any wheeled vehicle which is self-propelled or intended to be self-propelled. (b) "Inoperable Motor Vehicle" means any motor vehicle which by reason of dismantling, disrepair or other cause is incapable of being propelled under its own power. (c) "Dismantled or Partially Dismantled Vehicle" means any motor vehicle from which some part or parts which are ordinarily a component thereof have been removed or are missing. C. Prohibited Acts: It is unlawful for any person, firm or corporation to store on, place on, or permit to be stored or placed on, or allowed to remain on any occupied or unoccupiec land within the city limits a dismantled, partially dismantled or inoperable motor vehicle or any parts of a motor vehicle except in zones where such activity is within the contemplated pur- poses of a duly licensed business under the provisions of the zoning code, unless such articles shall be kept in a wholly enclosed garage or structure. D. Exceptions: An owner or tenant may store, permit to be stored or a oil w to remain upon his premises any dismantled, partially dismantled or inoperable motor vehicle or parts there- of for a period not to exceed 48 hours if such motor vehicle is registered in Ws name; and provided further '.hat any such owner or tenant may, in the event of hardship, secure a permit from the city to extend such period of 48 hours for an additional period, not to exceed one week. E. Permit: Upon application by the registerd owner of a motor vehicTe covered by this Section, and upon the proof of hardship, the code enforcement officer is hereby authorized to issue a permit provided by Section 35 (d) and shall require the payment of $1.00 for each permit issued. F. Construction: This section shall be construed as being supplementary to any sections of the health or zoning codes slating to rubbish, litter, garbage, refuse, trash, or junk and shall not be construed to permit the parking or placing of dis- mantled, partially dismantled, or inoperable motor vehicles on any street. 36. WINDOW PEEPING. It is unlawful for any person to enter upon any private property and look, peer, or peep into or be found loitering around or within the view of any window, door or ! other means of viewing into any occupied building other than his own household. 37. ABANDONMENT OF CHILDREN. It is unlawful for the parent of any child ten years of age or less or any minor who is unable to care for himself, or any person who has been entrusted with or has assumed the care of such child to intentionally leave the child or abandon him under the circumstances whereby the child may suffer from neglect. 38. UNLAWFUL ASSISTANCE TO MINORS: It is unlawful to assist minors to buy, procure, obtain, or be served any alcoholic beverage or to induce any person to sell , serve or deliver any alcoholic beverage to a minor by actual or constructive misrepre- sentation of any facts calculated to cause, or by the concealment of any facts which are calculated to cause the person selling, serving or delivering such alcoholic beverages to sell to a minor or to any person for ultimate delivery to a minor. 39. PERMITTING OF LOITERING BY MINORS. A. Presence in Liquor Establishments. It is unlaw- ful for the owner or operator of any establishment serving alcoholic beverages to permit any person under the age of 21 years to attend, work in, frequent or loiter in or about such premises unless such person is accompanied by his parent or guardian. B. Minors in Pool Rooms. It is unlawful for the owner or operator of any pool room or billiard parlor open to the general pubiic, or wher!: membership is required, to permit any person under the age of 18 years to attend, frequent or loiter in or about such premises unless such person is accompanied by his parent or guardian. 40. OFFENSES OF MINORS. A. Curfew_. It is unlawful for any person under the age of 18 years to-- oiter, idle, wander, stroll or play in or upon the public streets, highways, alleys , parks, playgrounds, other public places or buildings , places of amusement and entertainment or vacant lots between the hours of 10:00 p.m. and 4:00 a.m. , provided, however, that Section 40 shall not apply to a minor accompanied by a parent, guardian, or other adult person having the care and custody of such minor or where the minor is upon an emergency errant or legitimate business directed by persons having the care or custody of such minor.' 0 B. False Statement or Identification. It is unlawful for any minor to make false statements or to furnish, present, or exhibit any fictitious or false registration card, identification card or other instrument, or to furnish, present or exhibit any document issued to another person, for the purpose of gaining admission to prohibited places or for the purpose of procuring the sale, gift or delivery of prohibited article including, but not limited to, alcoholic beverages. C. Procuring of Unlawful Services. It is unlawful for any minor to engage or authorize the services of any other person to procure for such minor any article which the minor is prohibited by law to purchase. i 41. FAILURE OF PARENTAL RESPONSIBILITY. It is unlawful ! for- any parent, guardian or other adult person-having the care and i custody of a minor to knowingly permit such minor to violate the provisions of Section 40. Every person convicted of a violation of any provision of this Ordinance shall be punished by a fine of not more than $300.00 or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. If any part or parts of this Ordinance are held to be unconstitu- tional or invalid, such unconstitutionality or invalidity shall not affectthe validity of the remaining parts of this ordinance. PASSED, ADOPTED, AND APPROVED this 23rd day of July, 1970. (S EAL) MAYOR ATTEST: - ,TOWN CLERK FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. Page 3 Minutes of July 23, 1970 6. UNREASONABLE NOISE. It is unlawful for any person to make, continue or cause to be made, any loud or unusual noise which either annoys , disturbs , injures or endangers the comfort, repose, health, peace or safety of others . Unlawful noises include but shall not be limited to the following: (a) Horns and Signal Devices . The sounding of any horn or signaling device o any au omobi le, motorcycle, truck or other vehicle on any street or public place except as a danger warning, the creation by means of any such signaling devices of any unreasonable, loud, or harsh sound, the sounding of such devices for any unnecessary and unreasonable period of time other than by accident or mechanical , electrical or other difficulty or failure, and the use of any such signaling device where traffic is held up. (b) Radios and Phonographs. The use or operation of any radio, phonograph or other soun producing machine in such a manner as to disturb the peace and quiet of neighbors. (c) Loud-Speakers and Amplifiers Used for Advertising. The use or operation or permitting to be played, used, or operated any radio, receiver set, musical instrument, phonograph, tape recorder, loud-speaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets for the purpose of commercial advertising or attract- ing the attention of the public in any residential area except with the proper permit elsewhere prescribed. (d) Yelling or Shouting. Yelling.,, shouting or creating other loud noises which annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or residence, or of any persons in the vicinity. (e) Animals. The keeping of any animals which, by causing frequent or Tong continuous noise , shall disturb the comfort or repose of any persons of the vicinity. (f) Schools, Courts , Churches , Hospitals. The creat- ing of any excessive noise on any street adjacent to any hospital , school , institution of learning, church or court which inter- feres with the workings of such institution, or which disturbs or annoys patients in a hospital . (g) Pounding. The pounding or ;iammering or. a:.y metal object or tiling except inside a building or in connection -vi th' tt construction or er-cti on of a building. 7. DISORDERLY C�NDUCi. A person is Hui lty ,r 4isorderly conduct if, Zvi t a gurnose to cause public danger, alarm, dis- order or nuisance hl! Jlfully: (a) cr_­a b^s a di s turLa);ce of ' �c .11r,l i c order ,y an :.ct of violent: or )y any act l0ely to r.roduc!:- violr?rca: or tip`} e aces in fighting, or in vir!,t t, ~�ateninG or ',Pahavi or: or (c) ;Hakes any unreasonably loud noise; or (d) addresses abusive language or t-greats .o any ;-c:rson present �vhi c:i creates a c i rear and of lyiof,�r:c^ ; or i FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. • • Page 4 Minutes of July 23, 1970 (e) causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer, where three or more persons are committing acts of dis- orderly conduct in the immediate vicinity; or (f) damages , befouls or disturbs ou!.)1 i c 7roperty on property of another so as to create a hazardous , un%�^althy or physically offensive condition; or (g) commits a trespass on residential property or on public property. Trespass for the purpose of this or. inance siall riean: (1 ) Entering upon, or refusili^ tc leave , any residential property of another, either where suc!, rroperty as been posted with "No Trespassing" signs , or i'.lincdi ately prior to s ich entry, or subsequent thereto , notice is ni�! by the owner or occupant, orally or in writing, that s'.l&,. or Conti n- ued presence is prohibited. (2) Entering upon, or refusi:ir, te leave , any public property in violation of regulations pro-,1A g?AP,1 official charged !A th the security, care or mai iA!2nanc. of the property and approved by the governing body of t�e ruk l i r. agency owning propert,,, where such regulations have been con. soi cuousl y po:.ted or -wher- immediately/ prior to such entry, or subsequent thereto, sLIc', regulations are made known by the official charged with the security, care or maintenance of the nro;,rnrty, his agent or a police officer. (h) make a t l ephone call with i ntF-it to annoy another, whether or not conversation ensues ; or (i j solicits a sale of merchandise or service by use of the tel ephan(, -�Oen such solicitation has not b.aen invited by the person solicited, or conducts a sales campaign or promotion over the tel an.lons_ ',i t.�out consent of the person call? or (,j) 'hinders , annoys , or molests persons passing al c any street, sidewalk, cross;valk or other pu'.)lic ;/, or loiters , sits or stands around the entrance of any church, theatre, oubl i c building, or other place of public assemblage in any runner so as to unreasonably obstruct such entrance, or places or erects upon any public way an obstruction of any type except temporary barriers ers or warning signs placed for the purpose of safeguarding the public against any hazard; or (k) assembles together with two or 7;ore persons with intent to do any unlawful act with force or violence acai nst the person or pron-2rty of another, and who makes any overt act -to carry out such urrla-iful purpose; or (1 ) disturbs, threatens, or in any insolent manner intentionally touc'les any house or vehicle occupi sc !'y any person. 8. INTOXICATION. It is unlawful for any person to be in ar. intoxicated condition in any public place wile Vier as a result of L'le use of alcoholic beverages, narcotics, � ruas, fumes , stimulants , depressants , glues or cements . 9. DPINKING IN PUBLIC. It is unlawful to consume alco- holic beverages in or on and/ public place except V,ose establ i s!i- ments having a license to dispense alcoholic beverages. � l FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. Page 5 Minutes of July 23, 1970 10. UNLAWFUL ASSEMBLY. It is unlawful for three or more persons to assemble with intent to do any unlawful act by force or violence against the person or property of another or to make any overt act to carry out such unlawful purpose. 11 . VAGRANCY. The following acts comprise the crime of vagrancy and t eir commission is unlawful : A. Being without visible or lawful means of support or although possessing the physical ability, failing or refusing to actively seek employment. B. Loitering in or about or on any street, land, avenue, alley or other public place, at ar•,, public gathering or assembly, in or around any street, shop, .jusiness or commercial establishment or any private property or place without lawful business. C. Loitering about or upon any public, private er, parochial school grounds or building either on foot or ir. or on any 'vehicle without lawful business there. D. Wandering abroad and occupying, loeginr, or sleeping in any vacant or unoccupied barn, house, car, seed, shop or other building or structure or in any automobile, truck, railroad car or other vehicle without owning the sa;ne or without the permission of the owner or person entitled to possessior there- of or sleeping in an\, vacant lot. E. !►and+ering abroad and begging from �oor to door of private houses or comimercial business establishmes;ts or placing onc -self in ^r upon any public way or public place to beg. 12-. OBSTRUCTIi I MOVEMENT. It is unlawltu'l to hinder, annoy ev molest persons passing along any street, sir'•ewalk, crosswalk or other public ;vay, or to loiter, si t or stand around the entrance of any --urch, theatre, public building, or other place of public asser:':;iage in any manner so as to unreasonably obstruct SUch entrance or to place or erect upon any public wa.v an obstruc- tion of any type except temporary barriers or ;varying signs placed for the purpose of safeguardinn the public against any hazard. 13. REMOVAL OF BARRICADES. It is unlawful to remove, destroy or interfere with any barrier, guard or light placed before or in any dangerous place near the streets , sidewalks or other public ways of the city for the purpose of warring or protecting travelers from injury or danger, provided that 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 . 14. DEADLY WEAPONS. A. Carrying of Deaely Weapons. It is unlawful to anywhere carry a- concealed, loadea fi rearm or other i,�leapon capable of proaucing death or great bod-i 1;,1 harm including, but not res- stricted to, any types of daggers , brass knuckles , switchblade knives , bowie knives , poniards, butcher knives, dirk knives, chains , can openers , ice picks , and all such weapons with whit! dangerous cuts or punctures can be inflicted, including swordcanns and any kind of sharp pointed canes, also slingshorts , bludgeons or FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. Page 6 Minutes of July 23, 1970 any ether weapon with which dangerous wounds cen be inflicter, excert in a personss residence or on real property belonging to him �s owner, lessee, tenant,or licensee or in a private automobile or other private means of conveyance for lawful protection of one's person or property while traveling or for other lawful purposes . B. Discharge of Firearms. It is unlawful to discharge within the city limits any piste revolver, rifle or shotgun which may be used for the explosion of cartridges , or any gas- operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided that this section has no application in cases involving the discharge of a firearm for lawful purposes . C. Air and B-B Guns . It is unlawful for anyone to shoot any air rifle, air gun or B-B gun. Parents who permit the violation of this section shall be deemed guilty of violation of Section 41 . D. Exception for Peace Officers. The provisions set forth above shall not be construed to ford police officers from carrying, wearing or discharging such weapons as shall be neces- sary in the proper discharge of their duties. E. Exposing Others to Danger. It is unlawful to endanger the safety of another or his property by using a fire- arm or other deadly weapon in a negligent manner or carry a fire- arm while under the influence of any intoxicant or narcotic. or to sell , loan or furnish any deadly weapon to persons under the influence of any intoxicant or narcotic or to any incompetent person. F. Prohibited Weapons. It is unlawful to manufacture, cause to be manufactured,possess , display, offer, sell , lend, give away, or purchase any brass or metal knuckles , bludgeon or any knife which has a blade which opens automatically by hand pressure applied to a button, spring, or other device or any knife having a blade which opens , falls or is ejected into posi- tion by the force of gravity or by any outward or centrifugal th),ust or movement. G. Sale to Minors. It is unlawful to give, sell , trade, barter or exchange for anything of value any deadly weapon, air rifle, air gun or B-B gun, or ammunition for any firearm to any person under the age of 18 years provided that this section shall not be construed to prevent any parent or legal guardian from purch,.,,ing firearms or ammunition for his child or ward. H. Forfeiture of Deadly Weapons. Every person con- victed of the violation of this code shall forfeit to the city any weapons involved in the violation. I . Disposition of Forfeited Weapons . Every police officer upon making an arrest and taking a weapon used in 'the violation of any section of the municipal code shall deliver the same to the Chiefof Police to be held by him until judgment is entered for the offense and upon the finding of guilt the weapon shall be disposed of as provided in Section 14-56-2 NMSA 1953. 15. FAILURE TO REPORT TREATMENT OF WOUNDS. It is unlawful for any physician , surgeon or other practitioner of the healing arts licensed by the State of New Mexico to fail to immediately report to the City Police Department his treatment of any person in the city for a wound inflicted by a deadly weapon of any kind. FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. Page 7 Minutes of July 23, 1970 16. PROPELLING OF MISSILES. It is unlawful for any person to shoot, sling or throw any stone, rock or other propellant, missile or substance in any manner as to be reasonably likely to cause injury to any person or property. 17. POSSESSION OF BURGLARY TOOLS. It is unlawful to poss- ess any 1, k pick, skeleton key or key to be used with a bit or bits , jimm, , sledge hammer, pry bar, cold chisel , dynamite, nitro- glycerine, blasting caps , or any other burglary instrument or instruments commonly used by burglars unless such possession is for a lawful purpose. 18. POSSESSION OF FIREWORKS. A. Unlawful Acts : It is unlawful to manufacture , sell , offer to sell , own, possess or discharge any firecracker, Roman candle, sky rocket, torpedo, bomb, blank cartridges or any other type or form of explosive commonly known as fireworks within the city limits unless such item has been declared by the State Fire Marshall as not being dangerous to persons or property. B. Exclusions: The term "fireworks" shall not include toy pistols , toy canes , toy guns , or other devices in which paper caps containing twenty-five hundredths (25/100) grains or less of explosive compound are used, providing they are so constructed that the band cannot come in contact with the cap when in place for use, and toy pistols which contain less than twenty-hund- dredths (201100) grains of explosive mixture, the sale and use of which shall be permitted at all times. C. Public Display. Nothing herein contained shall be held to apply to or prohibit any municipal or civic organization from sponsoring and conducting, in connection with any public celebration, an officially supervised and controlled fireworks display. 19. BARBED WIRE AND ELECTRIC FENCES. It is unlawful to erect or maintain any fence composed wholly or partly of barbed wire or any fence capable of producing an electric shock upon, along or about any lot or parcel of ground fronting upon or adjoining any street, alley, avenue or public thoroughfare or along or across any irrigation ditch except that jail , prison, industrial , or property protection fences may contain one or more strands of barbed wire if such wire is at least six feet above the ground. 20. FALSE ALARMS. It is unlawful for any person to make, turn in or give a fa se alarm of fire or of need for police or ambulance assistance, or to interfere with the proper function- ing of an alarm system, or to aid or abet the commission of such an act. 21 . FALSE REPORTS. It is unlawful for any person to mal- iciously make or file with the Police Department any false , misleading or unfounded report or statement concerning the com- mission or alleged commission of any crime. 22. INTERFERENCE WITH OFFICERS. It is unlawful to resist, abuse, molest, hinder, obstruct or refuse to obey or assist when called upon to do so, any police officer, fireman or judge while in the discharge of his duty. FILMED DOCUMENTS ARE THE BEST AV.MLABLE COPIES. Page 8 Minutes of July 23, 1970 23. IMPERSONATING AN OFFICER. It is unlawful for any per- son other than a duly commissioned police officer to wear or carry the uniform, apparel , badge, identification card or other insignia of office, the same, similar or a colorable imitation of that adopted and worn or carried by duly commissioned police officers , unless acting in the course or regular business and with the permission of the city, or without authority to exercise or attempt to exercise the functions of, or pretend to be, a peace officer or judge. 24. UNAUTHORIZED USE OF CERTAIN WORDS AND INSIGNIA. It is unlawful to display on any vehicle or sign the words "police,"police department," "fire department" or words or insignia of similar import without the authority of the city manager, provided that nothing contained herein shall apply to any state or cointy vehicle. 25. ESCAPE OF PRISONERS. A. Escape from Jail or Custody. It is unlawful for any person, while a prisoner of the city or otherwise in the custody of or confined by the city, to escape or attempt to escape or to assist other prisoners to escape or attempt to escape from such custody or confinement. B. Assisting Escape. It is unlawful for any person to assist, attempt to assist or offer to assist any person in custody of or confined under the authority of the city to escape from jail , place of confinement or custody. 26. DESTROYING , INJURING, REMOVING, TAMPERING WITH OR DEF CING PROPERTY. It is unlawful for any person to willfully, maliciously or wantonly destroy, injure, remove, tamper with or deface real property or improvements thereto or personal property, either public or private. 27. LIBRARY PROPERTY. It is unlawful for any person to carry away without aut ority, misuse, cut, write upon, injure, deface, tear or destroy any book, periodical , map, newspaper or any other property devoted to public library use. 28. SCATTERING TRASH; RUBBISH. It is unlawful for any person to throw or permit to be deposited or scattered upon any sidewalk, alley, street or public property or upon the pri- vate property of another, any rubbish, waste, trash or other disposed material of any kind. 29. ADVERTISING MATTER. It is unlawful for any person to distribute, place or post in or upon public property any show- card, poster, brochure, circular, handbill or other advertis- ing device, or to distribute, place or post in or upon private property, including utility poles , any such matter without the express consent of the owner. 30. PETTY LARCENY; CONVERSION; EMBEZZLEMENT; FRAUD. It is unlawful-for any person to steal , convert, em ezz a or acquire by fraud the property of another including any money, goods , chattels , bank notes , bonds , promissory notes , bills of exchange, other bills , orders , certificates or any books of account for or concerning money due or to become due and to be delivered. If the property stolen, converted, embezzled or acquired by fraud exceeds the value of $100.00, the matter shall be referred to the Distric Attorney. 31 . . RECEIVING STOLEN PROPERTY. It is unlawful to buy, procure, receive or conceal anything of value knowing the same to have been stolen, converted, embezzled or acquired by fraud. FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. J` • 0 • Page 9 Minutes of July 23, 1970 32. SHOPLIFTING. It is unlawful for any person to will- fully take possession of or conceal any merchandise offered for sale with the intention of converting it without paying for it or to willfully alter any label , price tag or marking upon any merchandise, or transfer any merchandise from one container to another with the intention of depriving the merchant of all or part of the value of the merchandise. 33. ISSUING WORTHLESS CHECKS. It is unlawful to issue in exchange for anything of value with intent to defraud any check, draft, or order for the payment of money in the amount of $1 .00 to $25.00 upon any bank or other depository knowing at the time of such issue that insufficient funds or credit exists with the bank or other depository for the payment in full by such check, draft or order. Any person convicted of issuing worth- less checks may be imprisoned for not more than 30 days or fined not more than $100.00 or receive both such imprisonment and fine. 34. REMOVAL OF EARTH. It is unlawful for any unauthorized person to move, distribute or take away any earth, stone or other material from any public street, way, alley, park or public ground. 35. OUTDOOR AUTOMOTIVE STORAGE. A. Nuisance ec are a presence of dismantled, partially dismantled, or inoperable vehicle or parts thereof on any occupied or unoccupied land within the city limits in vio- lation of the terms of this section is a public nuisance. B. Definitions : As used in this section the following terms have the following anings : (a) "Motor Vehicle" means any wheeled vehicle which is self-propelled or intended to be self-propelled. (b) "Iioperable Motor Vehicle" means any motor vehicle which by reason of dismantling, disrepair or other cause is incapable of being propelled under its own power. (c) "Dismantled or Partially Dismantled Vehicle" means any motor vehicle from which some part or parts which are ordinarily a component thereof have been removed or are missing. C. Prohibited Acts : It is unlawful for any person, firm or corporation to store on, place on, or permit to be stored or placed on, or allowed to remain on any occupied or unoccupied land within the city limits a dismantled, partially dismantled or inoperable motor vehicle or any parts of a motor vehicle except in zones where such activity is within the contemplated pur- poses of a duly licensed business under the provisions of the zoning code, unless such articles shall be kept in a wholly enclosed garage or structure. D. Exceptions: An owner or tenant may store, permit to be stored or 'allow to remain upon his premises any dismantled, partially dismantled or inoperable motor vehicle or parts there- of for a period not to exceed 48 hours if such motor vehicle is registered in his name; and provided further that any such owner or tenant may, in the event of hardship, secure a permit from the city to extend such period of 48 hours for an additional period, not to exceed one week. FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. e Page 10 Minutes of July 23, 1970 E. Permit: Upon application by the registerd owner of a motor vehicle covered by this Section, and upon the proof of hardship, the code enforcement officer is hereby authorized to issue a permit provided by Section 35 (d) and shall require the payment of $1 .00 for each permit issued. F. Construction: This section shall be construed as being supplementary to any sections of the health or zoning codes relating to rubbish , litter, garbage, refuse, trash, or junk and shall not be construed to permit the parking or placing of dis- mantled, partially dismantled, or inoperable motor vehicles on any street. 36. WINDOW PEEPING. It is unlawful for any person to enter upon any private property and look, peer, or peep into or be found loitering around or within the view of any window, door or other means of viewing into any occupied building other than his own household. 37. ABANDONMENT OF CHILDREN. It is unlawful for the parent of any child ten years of age or less or any minor who is unable to care for himself, or any person who has been entrusted with or has assumed the care of such child to intentionally leave the child or abandon him under the circumstances whereby the child may suffer from neglect. 38. UNLAWFUL ASSISTANCE TO MINORS: It is unlawful to assist minors to buy, p ocure, obtain, or be served any alcoholic beverage or to induce any person to sell , serve or deliver any alcoholic beverage to a minor by actual or constructive misrepre- sentation of any facts calculated to cause, or by the concealment of any facts which are calculated to cause the person selling, serving or delivering such alcoholic beverages to sell to a minor or to any person for ultimate delivery to a minor. 39. PERMI'iTING OF LOITERING BY MINORS. A. Presence in Liquor Establishments . It is unlaw- ful for the owner or operator of any establishment serving alcoholic beverages to permit any person under the age of 21 years to attend, work in, frequent or loiter in or about such premises unless such person is accompanied by his parent or guardian. B. Minors in Pool Rooms. It is unlawful for the owner or operator of any pool room or billiard parlor open to the general public, or where membership is required, to permit any person under the age of 18 years to attend, frequent or loiter in or about such premises unless such person is accompanied by his parent or guardian. 40. OFFENSES OF MINORS. A. Curfew. It is unlawful for any person under the age of 18 years to 1 of ter, i dl e , wander, strol 1 or pl ay i n or � upon the public streets , highways , alleys , parks , playgrounds, other public places or buildings , places of amusement and entertainment or vacant lots between the hours of 10:00 p.m. and 4:00 a.m. , provided, however, that Section 40 shall not apply to a minor accompanied by a parent, guardian, or other adult person having the care and custody of such minor or where the minor is upon an emergency errant or legitimate h,-siness directed by persons having the care or custody of such minor. FILMED DOCUMENTS ARE THE BEST AVAILABLE COPIES. Page 11 Minutes of July 23, 1970 B. False Statement or Identification. It is unlawful for any minor to make false statements or to furnish, present, or exhibit any fictitious or false registration card, identification card or other instrument, or to furnish, present or exhibit any document issued to another person, for the purpose of gaining admission to prohibited places or for the purpose of procuring the sale, gift or delivery of prohibited article including, but not limited to, alcoholic beverages. C. Procuring of Unlawful Services. It is unlawful for any minor to engage or authorize the services of any other person to procure for such minor any article which the minor is prohibited by law to purchase. 41 . FAILURE OF PARENTAL RESPONSIBILITY. It is unlawful for any parent, guardian or other a ult person having the care and custody of a minor to knowingly permit such minor to violate the provisions of Section 40. i Every person convicted of a violation of any provision of this Ordinance shall be punished by a fine of not more than $300.00 or } by imprisonment for not more than ninety (°C) days, or by both such fine and imprisonment. If any part or parts of this Ordinance are held to be unconstitu- tional or invalid, such unconstitutionality or invalidity shall not affectthe validity of the remaining parts of this ordinance. PASSED, ADOPTED, AND APPROVED this 23rd day of July, 1970. (73� EAL MAYOR 1 ATTEST: TOWN CLERK �r Motion by Trustee Lester, seconded by Trustee Pond that Ordinance No. 605 be approved and published according to law. Motion carried. Resolution No. 70-106 was presented and read as follows :