655 TOWN OF TAOS
ORDINANCES
YEAR: lq7 q
NUMBER:
6 55
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TOWN OF THOS, TAOS, NEW MEXICO
N O T I C E
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NOTICE IS HEREBY GIVEN that the Taos Town Council of the Town of Taos,
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New Mexico, at a regular public meeting held at 7:30 P.M. , on Wednesday, August
15, 19799 at the Taos Town Hall, Armory Street, Taos, New Mexico, adopted and
passed the following Ordinance:
ORDINANCE N0. 655
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ORDINANCE DEFINING AND SETTING FORTH THE
+i CRIMINAL CODE FOR THE TOWN OF TAOS AND
PROVIDING PENALTIES FOR VIOLATION OF SAID
CODE, j
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The following is a general summary of the subject matter contained in
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Ordinance No. 655: j
SECTION 1. Definitions.
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I! SECTION 2. Accessory. i
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SECTION 3. Assault.
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SECTION 4. Battery i
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f SECTION 5. Carrying a Deadly Weapon.
I; SECTION 6. Unlawful. Carrying of a Deadly Weapon.
it SECTION 7. Negligent use of a Deadly Weapon.
{� SECTION 8. Negligent Use of Explosives.
SECTION . Unlawful Sale Possession or Trans ortation of
9 , p Explosives.
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j SECTION 10. Unlawful Possession of Switchblades.
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SECTION 11. Public Nuisance
!� SECTION 12. Refuse Defined.
SEC'..'ION 14. Placing Indurious Substance on Highways, �
}� SECTION 15. Conduct Offensive to Public Well-being.
SECTION 16. Unlawfully Permitting Livestock upon Public Highways.
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SECTION 17. Prostution.
SECTION 18. Patronizing Prostitutes.
i� SECTION 19. Promoting Prostitution.
SECTION 20. House of Prostitution; Public Nuisance.
SECTION 21. Indecent Exposure.
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' SECTION 22. Defacing Tombs.
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4� SECTION 23. Disturbing Lawful Assembly.
SECTION 24. Criminal Trespass.
SECTION 25. Wrongful Use of Public Property, Permit; Penalties.
SECTION 26. Rocks, Protected Plants or Trees within Four Hundred Yards
of Highway.
SECTION 27. Fraud.
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SECTION 28. Unlawful Dealing in Federal Food Coupons.
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SECTION 2 . Embezzlement.
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if SECTION 30. Receiving Stolen Property; Penalties. ;
SECTION 31. Falsely Representing Self as Incapacitated.
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it SECTION 32. Cheating Machine or Device.
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!j SECTION 33. Failing 5o Label Secondhand Watches.
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SECTION 34. Coercing the Purchase of Insurance from Particular Broker.
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SECTION 35. Falsely Obtaining Services or Accommodations.
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SECTION 36. Unlawful Removal of Effects.
i SECTION 37• Improper Sale; Disposal; Removal or Concealing of Encumbered
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#` SECTION 38. Shoplifting; Definitions.
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SECTION 39. Credit Cards; Definitions.
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SECTION 40. Possession of a Credit Card ILtolen, Lost, Mislaid or Deliver
C ed by Mistake.
SECTION 41. Improper Handling of Fire.
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if SECTION 42. Use of an Engine Without Spark Arrester. {
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SECTION 43. Interference with Fire Controls. j
SECTION 44. Possession of Fireworks.
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SECTION 45. Cruelty to Animals.
SECTION 46. Disorderly Conduct.
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I' SECTION 47. Public Affray
SECTION 48. Unlawful Assembly.
!�I SECTION 49. Loitering of Minors. {
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SECTION 50. Obstructing Movement.
SECTION 51. Removal of Barricades. s
SECTION 52. Interference with Members of Staff, Public Officials or the
General Public; Trespass; Damage to Property, Misdemeanors,
Penalties.
1� SECTION 53. Resisting or Obstructing an Officer.
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i SECTION 54. Refusing to Aid an Officer.
! SECTION 55. Concealing Identity.
SECTION 56. Demanding Illegal Fees.
SECTION 57. Impersonating Public Officer.
I SECTION 58. Glues; Limiting the Sales; Requiring Records; Penalty. I
SECTION 59. Obtkining Telecommunications Service with Intent to Defraud;
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Definitions. z
1 SECTION 60. Worthless checks.
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SECTION 61. Selling or Giving Liquor to Minors, Possession, Minor Defined,
SECTION 62. Marijuana; Possession Prohibited; Penalties.
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SECTION 63. outdoor Motion Picture Theatres; Prohibited from Showing Ob-
scene Films.
SECTION 64. Trash Burning.
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SECTION 65. Curfew
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SECTION 66. Penalty.
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t SECTION 67. Separability.
i� SECTION 68. Ordinances Repealed. '
PASSED AND ADOPTED this 1 thday of August, 1979..
A
MAYOR PROTEM
f TOWN
t Legal No. Publish One (1) Tithe: August 23, 1979
ORDINANCE NO. 655 _
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ORDINANCE DEFINING AND SETTING FORTH THE CRIMINAL
I CODE FOR THE TOWN OF TAOS AND PROVIDING PENALTIES
FOR VIOLATION OF SAID CODE.
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SECTIO1' 1. DWINITIONS.
As used in the Ctiminal Code:
!j A. "deadly weapon" means any firearm, whether loaded or unloaded; or any
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weapon which is capable of producing death or great bodily harm, including but
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1i not restricted to any types of daggers, brass knuckles, switchblade knives,
bowie knives, poniards, butcher knives, dirk knives and all such weapons with
tj which dangerous cuts can be given, or with which dangerous thrusts can be in-
flicted, including wordeanes, and any kind of sharp pointed canes, also sling,
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shots, slung shots, bludgeons; or any other weapons with which dangerous wounds
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an be inflicted; +
y` B. "peace officer" Means any public official or public officer vested by
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�jlaw with a duty to maintain public order or to make arrests for crime, whether
�jthat duty extends to all crimes or is limited to specific crimes; ,
(i C. "another" or "other" means any other human being or legal entity,
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whether incorporated or unincorporated, including the United States, the State
i4 of New Mexico or any subdivision thereof;
if D. "person" means any human being or legal entity, whether incorporated
or unincorporated, including the United States, the State of New Mexico or any
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subdivision thereof;
E. "anything of value" means any conceivable thing of the slightest value,
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?{ tangible or intangible, movable or 'Immovable, corporeal or incorporeal, public
or private. The term is not necessarily synonymous with the traditional legal
term "property";
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j F. "official proceeding" means a proceeding heard before any legislative, !
{' judicial, administrative or other governmental agency or official authorized to
hear evidence under oath, including any referee, hearing examiner, commissioner;
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�Inotary or other person taking testimony or depositions in any proceedings;
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j G. "lawful custody or confinement" means the holding of any person pursuant
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to lawful authority, including, without liedtation, actual or constructive cus-
tody of prisoners temporarily outside a penal institution, reformatory, jail,
ij Pr'ison farm or ranch;
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1' H. "public officer" means any elected or appointed officer of the state or
i;any of its political subdivisions, and whether or not he receives remuneration
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11for his services; and
I. "public employee" means any person receiving remuneration for regular
,services rendered to the state or any of its political subdivisions.
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SECTION 2. ACCESSORY.
�1 A person may be charged with and convicted of the crime as an accessory
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iaif he procures, counsels, aids or abets in its commission and although he did
11not directly commit the crime and although the principal who directly committed
11such crime has not been prosecuted or convicted, or has been convicted of a dif
ferent crime or degree of crime, or has been acquitted,
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j, SECTION 3. ASSAULT.
#! Assault consists of either:
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A. an attempt to commit a battery upon the person of another;
B. any unlawful act, threat or menacing conduct which causes another per- !
ikon to reasonably believe that he is in danger of receiving an immediate battery
lor,
C. the use of insulting language toward another impugning his honor, de- j
licacy or reputation. i
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Whoever commits assault is guilty of a petty misdemeanor.
j SECTION 4. BATTERY.
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Battery is the unlawful, intentional touching or application of force to
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ithe person of another, when done in a rude., insolent or angry manner.
Whoever canmits battery is guilty of a petty misdemeanor.
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SECTION 5. "CARRYING A DEADLY WEAPON."
i being deadly weapon by having
"Carrying a deadly weapon" means be arced with a dea
it on the person, or in close proximity thereto, so that the weapon is readily
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11accessible for use.
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sEC'1'ION 6. UNLAWFUL CARRYING OF A DEADLY WEAPON.
r A. Unlawful carrying of a deadly weapon consists of carrying a concealed
11oaded firearm or any other type of deadly weapon anywhere, except in the follow
ling cases:
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' (1) in the person' s residence or on real property belonging to him as
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lowner, lessee, tenant or licensee;
' (2) in a private automobile or other private means of conveyance, for
�� wful protection of the person' s or other' s person or property; or
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(3) by a peace officer in the lawful discharge of his duties.
B. Nothing in this section shall be construed to
�! ng prevent the carrying of
!`Ly unloaded firearm.
C. Forfeiture of deadly weapons. Every person convicted of the violation `
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!pf this Ordinance shall forefit to the 'gown any weapons involved in the viola-
ion.
ii D. Whoever commits unlawful carrying of a deadly weapon is guilty of a
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joetty misdemeanor.
i; SECTION 7. Negligent use of a deadly weapon.
Negligent use of a deadly weapon consists of:
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i` A. discharging a firearm into a builds or vehicle or so as to knowin
11 g n6 any n8 g
!+'endanger a person or his property; I
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B. Carrying a firearm while under the influence of an intoxicant or narcot?
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C. endangering the safety of another by handling or using a firearm or i
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;other dead],y weapon in a negligent manner; or
D. discharging a firearm within one hundred fifty yards of an inhabtted
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duelling or building without the permission of the owner or lessees thereof.
Whoever commits negligent use of a deadly weapon is guilty of a petty mis-
demeanor.
SECTION 8. NEGLIGENT USE OF EXPLOSIVES.
Negligent use of explosives consists of negligently exploding, attempting to
;explode or placing any explosive in such a manner as to result in injury to
aanother or to property of another, or in the probAbility of such injury.
i Whoever commits negligent use of explosives is guilty of a petty misdemeano .
SECTION 9. UNLAWFUL SALE, POSSESSION OR TRANSPORTATION OF EXPLOSIVES.
�E Unlawful sale, possession or transportation of explosives consists of
A. knowingly selling or possessing any explosive or causing such explosive
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11to be transported without having plainly marked in large letters in a conspicu- I
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'ous place on the box or package containing such explosive, the name and explosiv�
111character thereof and the date of manufacture;
R. Whoever commits unlawful sale, possession or transportation of explo#-
;Isives as set forth in Subsection A herein is guilty of a petty misdemeanor.
SECTION 10. UNLAWFUL POSSESSION OF SWITCHADES.
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�j Unlawful possession of switchblades consists of any person, either manufac-
�Ituring, causing to be manufactured, possessing, displaying, offering, selling,
jlending, giving away or purchasing any knife which has a blade which opens auto-t
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4;matically by hand pressure applied to a button, spring or other device in the
,:handle of the knife, or any knife having a blade which opens or falls or is ej-
jiected into position by the force of gravity or by any outward or centrifugal
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'Ithrust or movement.
Whoever commits unlawful possession of switchblades is guilty of a petty
misdemeanor.
E� ;ECTION 11. PUBLIC NUISANCE. {
j A public nuisance consists of knowingly creating, performing or maintaining!
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11anything affecting any number of citizens without lawful authority which is
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either:
A. injurious to public health, safety, morals or welfare; or
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'•; B. interferes with the exerci�ie and enjoyment of public rights, including
the right to use public property.
I Whoever commits a public nuisance fGr which the act or penalty is not other-
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; wise prescribed by law is guilty of a petty misdemeanor.
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Unreasonable Noise. It is unlawful for any person to make, continue or
!; cause to be made, any loud or unusual noise which either annoys, distrubs, in-
jures or endangers the confort, repose, health, peace or safety of others. Un- '
1ilawful noises include but shall not be limited to the following:
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(a) Horns and Signal Devices. The sounding of any horn or signaling
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;! device of an automobile motorcycle, truck or other vehicle on Y , cY , any street or
public except� pu place as a danger warning, the creation by means of any such sig -
ing devices of any unreasonable, loud, or harsh sound, the sounding of such de-
H vices for any unnecessary and unreasonable period of time other than by accidentf
; or mechanical, electrical or other difficulty or failure, and the use of any suc
!; signaling device where traffic is held up.
{ (b) Radios and Phonographs. The use or operation of any radio, phono'
graph or other sound. producing machine in such a manner as to distuub the peace
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< or quiet of the 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 p hono gr a p h, t yp e recorder, loud-speaker, sound amplifier or
;; other machine or device for the production or reproduction of sound which is
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cast upon the public streets for the purpose of commercial advertising or attract-
'ding the attention of the public in any residential area except with the proper
:"p ermit elsewhere prescribed. i
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it (d) Yelling or Shouting. Yelling, shouting or creating other loud
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i1noises which annoy or disturb the quiet, comfort or repose of persons in any of
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fice, dwelling, hotel or residence, or of ar7. 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
ithe vicinity.
{+ (f) Schools, Courts, Churches, Hospitals. The creating of any excel-1
lr sive noise on any street adjacent to any hospital, school, institution of learn-1
Ang,church or court which interfers with the workings of such institution or
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111which disturbs or annoys patients in a hospital.
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i, (g) Pounding. The pounding or hammering on any metal object or thing
gexcept inside a building or In connection with construction or erection of a i
,building.
Whoever commits a public nuisance is guilty of a petty misdemeanor.
SECTION 12 - REFUSE DEFINED.
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{ Refuse means any article or substance:
A. which is commonly discarded as waste; or i
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B. which, if discarded on the ground, will create cr contribute to an un-
sanitary, offensive or unsightly condition. {
it Refuse includes, but is not limited to, the following items or classes of
items: waste food; waste paper products; cans, bottles or other containers;
;(junked household furnishings and equipment; junked parts or bodies of automobil
les and other metallic junk or scrap; portions or carcasses of dead animals; and
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;collections of ashes, dirt, yard trimmings or other rubbish.
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l LITTERING.
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�l A. Littering consists of discarding refuse:
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ii (1) on public praperty in any manner other than by placing the refuse
in a recptacle provided for the purpose by the responsible governmental author-
olities, or otherwise in accordance with lawful direction; or
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'+ (2) on private property not owned or lawfully occupied or controlled
by the person, except with the consent of the owner, lessee or occupant thereof.
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B. Whoever commits littering is guilty of a petty misdemeanor.
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SECTION 13. ABANDONMENT OF DANGEROUS CONTAINERS.
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Abandonment of dangerous containers consists of any person:
A. abandoning, discarding or keeping in any place accessible to children,
;any refrigerator, icebox, freezer, airtight container, cabinet or similar con-
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1tainer, of a capacity of one and one-half cubic feet or more, which is no longer
An sue, without having the attached doors,hinges, lids or latches removed or wit,ia
,out sealing the doors or other entrances so as to make it impossible for anyone
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:;to be imprisoned therein; or
B. who, being the owner, lessee or manager of any premises, knowingly per- I
knits any abandoned or discarded refrigerator, icebox, freezer, airtight contain- �
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'er, cabinet or similar container of a capacity of one and one-half cubic feet
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'or more, and which remains upon such premises in a condition whereby a child myl
ibe imprisoned therein.
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Whoever commits abandonment of dangerous containers is guilty of a petty
,misdemeanor.
SECTION 14. PLACING INJURIOUS SUBSTANCE ON HIGHWAYS.
Placing injurious substances on 'Highways consists of any person throwing,
4epositing or placing any glass, bottles, nails, tacks, hoops, wire, cans or any
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;ether material or substances upon any public highway, which causes or which are
likely to cause injury to any person, animal or vehicle traveling upon such public
!highway.
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Whoever commits placing injurious substances on highways is quilty of a petty
Inisdemeanor..
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SECTION 15. CONDUCT OFFENSIVE TO PUBLIC WELL-BEING.
Conduct offensive to public well-being consists of any person:
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A. who is the owner or entant in possession of any premises located with-
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in any incorporated municipality, permitting any privy or cesspool upon the pre-
'wises owned or occupied by him, to become a menace to public health or constitutes
condition offensive to the public;
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B. erecting a carbon black plant closer than five miles from the limits
of any incorporated municipality;
li C. erecting any slaughterhouse or place for the slaughter of animals with
in one mile from the limits of any incorporated municipality, without the writ-
ten consent of tb«, governing body of such municipality;
F. spitting upon or in any public building, store, church, house, school
ii or other building in which persons frequently congregate, or upon or in ans I
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{' public carrier, public sidewalk or roadway; or i
E. conducting or participating in any ryysical or mental endurance contes
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for a period longer than twenty-four hours or conducting or participating in an
s? such endurance contest within any period of one hundred sixty-eight hours [sic] ;,
if provided this subsection shall not apply to any athletic contest of schools,
colleges or universities of the state.
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Whoever commits conduct offensive to public well-being is guilty of a pett
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misdemeanor.
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SECTION 16. UNLAWFULLY PERMITTING LIVESTOCK UPON PUBLIC HIGHWAYS.
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�! A. Unlawfully permitting livestock upon public highways consists of any
owner or custodian of livestock negligently permitting his livestock to run at {
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large upon any part of a public highway.
B. Whoever commits unlawfully permitting livestock upon public highways if
! guilty of a petty misdemeanor.
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SECTION 17. PROSTITUTION, j
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Prostitution consists or knowingly engaging in or offering to engage in i
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sexual intercourse for hire.
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" Whoever commits prostitution is guilty of a petty misdemeanor.
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SECTION 18. PATRONIZING PROSTITUTES.
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Patronizing prostitutes consists of:
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A. entering or remaining in a house of prostitution with intent to engage `
in sexual intercourse with a prostitute; or
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B. knowingly hiring a prostitute to engage in sexual intercourse.
Whoever commits patronizing prostitutes is guilty of a petty misdemeanor.
j� SECTION 19. PROMOTING PROSTITUTION.
Promoting prostitution consists of any person:
A. knowingly establishing, owning, maintaining or managing a house of
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r;prostitution, or participating in the establishment, ownership,maintenance or
kmanagement thereof; z
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s! B. knowingly permitting any place which a person partially or wholly own-
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�jed or controlled to he used as a house of prostitution;
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C. knowingly procuring a prostitute for a house of prostitution;
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D. knowingly inducing another to become a prostitute;
((' E. knowingly soliciting a patron for a prostitute or for a house of pros-
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j;titution;
F. knowingly procuring a prostitute for a patron;
f� G. knowingly procuring transportation for, paying for the transportation
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11 of or transporting a person within this state with the intention of promoting
;;that persr,;' s engaging in prostitution; or
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!; H. knowingly being employed by a house of prostitution to perform any fun -
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tion which constitutes jv.�-omoting prostitution.
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j; Whoever commits promoting prostitution is guilty of a petty misdemeanor. 1
j SECTIOrt 20.. HOUSE OF PROSTITUTION; PUBLIC NUISANCE.
A house or prostitution is a public nuisance per se.
is SECTION 21. INDECENT EXPOSURE.
ii Indecent exposure consists of a person knowingly and intentionally expos- }
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ing his primary gential area to public view. Primary gential area means the nonO
jpubis, penis, testicles, nons veneris, vulva or vagina.
k Whoever commits indecent exposure before any person is guilty of a petty
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1misdemeanor.
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SECTION 22. DEFACING TOMBS.
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Defacing tombs consists of either:
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A. intentionally defacing, breaking, destroying or removing any tomb,
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monument or gravestone erected to any deceased person or any memento or any mem-I
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� orial or any ornamental plant, tree or shrub appertaining to the place of burial'
of any human being; or j
B. intentionally marking, defacing, injuring, destroying or removing any
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fence, post, rail or wall of any cemetery or graveyard or erected within any
cemetery or graveyard.
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Whoever commits defacing a tomb is guilty of a petty misdemeanor.
SECTION 23. DISTURBING LAWFUL ASSEMBLY. j
Disturbing lawful assembly consists of: 3
A. disturbing any religious society or any member thereof when assembled �
or co'lected Together in public worship; or f
B. disturbing any meeting of the people assembled for any legal object.
Whoever coniLits disturbing lawful assembly is guilty of a petty misdemean-
or. !
SECTION 24. C nmiAL TRESPASS.
A. Criminal trespass consists of unlawfully, and with malicious intent,
,entering or remaining upon the lands of another knowing that such consent to en
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Iter or remain is denied or withdrawn by the owner or occupant thereof.
B. Criminal trespass also consists of unlawfully and with malicious in-
'Itent, entering or remaining upon lands owned, operated or withdrawn by the
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custodian thereof.
C. Whoever commits criminal trespass is guilty of a petty misdemeanor.
SECTION 25, WRONGFUL USE OF PUBLIC PROFERTY� PERMIT; PENALTIES.
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A. Wrongful use of public property consists of:
(1) knowing :y entering any public property without permission of the
lawful custodian or his representative when the public property is not open to
ithe public;
(2) remaining in or occupying arr public property after having been
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requested to leave by the lawful, custodian, or his representative, who has de- I
termined that the public property is being used or occupied contrary to its in- l
Rtended or customary use or that the public property may be damaged or destroyed
by the use; or
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(3) depriving the general public of the intended or customary use of
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public property without a permit.
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B. Permits to occupy or use public property may be obtained from the law- I
ful custodian or his representative upon written application which:
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(1) describes the public property to be occupied or used; and
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(2) states the period of time during which the public property will {
be occupied or used. The applicant shall pay in advance a reasonable fee or I
charge for the use of the public property. The fee or charge shall be prescribe
ed by the lawful custodian or his representative.
C. The Lawful custodian or his representative may issue the permit if he
believes that the use or occupation of the public property will not unreasonably
�( interfere with the intended or customary use of the public property by the gener-
al public and that the use will not damage or destroy the public property.
jD. Any person occupying or using public property under the authority of
a permit shall submit to a search for firearms or other weapons and surrender
any firearms or other weapons and surrender any firearms or other weapons to
any peace officer, who has jurisdiction, upon request.
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E. As used in this section, "public property" means any public building,
facility, structure or enclosure used for a public purpose or as a place of pub-
� lic gathering, owned or under the control of. the state or one of its political
14subdivisions or a religious, charitable, educational, or recreational associa-
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�j tion.
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F. Any person who commits wrongful use of public property is guilty of a
`petty misdemeanor.
SECTION 26. ROCKS , PROTECTED PLANTS OR TREES WITHIN FOUR HUNDRED YARDS
�i OF HIGHWAY.
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It is a petty misdemeanor to deface, without the written consent of the
11andowner, any rock, any plant defined in this Ordinance, or any dead or living
11tree within four hundred yards of any public highway.
SECTION 27. FRAUD.
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j! Fraud consists of the intentional misappropriation or taking of anything
ilof value which belongs to another by means of fraudulent conduct, practices or
!representations.
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�( Whoever commits fraud when the value of the thing misappropriated or tak- j
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�ien is one hundred dollars ($�.')0.00) or less is guilty of a petty misdemeanor. }
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SECTION 28. UNLATFUL DEALING IN FEDERAL FOOD COUPONS. i
j; Unlawful dealing in federal food coupons consists of a person buying, set-I
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,11ing, trading, bartering or possessing food coupons issued by the United States
!department of agriculture with the intent to obtain an economic benefit to which!
t$he is not entitled under the rules and reg lations of the health and social ser- ,
Rvices department [income support division of the human services department] per-�
?taining to the food stamp program.
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Whoever commits unlawful dealing in federal food coupons when the value of s
i'iithe food coupons involved is one hundred doll ($100.00) or less is guilty of
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ja petty misdemeanor.
SECTION 29. EMBEZZLEMENT.
Embezzlement consists of the embezzling or converting to his own use of
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anything of value, with which he has been entrusted, with fraudulent intent to
deprive the owner thereof.
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�! Whoever commits embezzlement when the value of the thing embezzled or con-
lverted is one hundred dollars ($100.00) or less is guilty of a petty misdemeanor.
1 SECTION 30. RECEIVING STOLEN PROPERTY; PENALTIES.
A. Receiving stolen property means intentionally to receive, retain or dis�
j1pose of stolen property knowing that it has been stolen or believing it has been
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it stolen, unless the property is received, retained or disposed of with intent to
!; restore it to the owner.
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B. The requisite knowledge or belief that property has been stolen is pre-
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! sumed in the case of a dealer who:
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!� (1) is found in possession or control of property stolen from two or
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11more persons on separate occasions;
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(2) acquires stolen property for a consideration which the dealer kno7
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is far below the property' s reasonable value. A dealer shall be presumed to kno�
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the fdir market value of the property in which he deals; or
if
(3) is found in possession or control of five or more items of pro-
perty ,
jperty stolen within one year prior to the time of the incident charged pursuant
Tito this Section.
C. For the purposes of this section "dealer" means a person in the busine s
ii ii
of buying or selling goods or commercial merchandise.
k
D. Whoever commits receiving stolen property when the value of the property
is one hundred dollars 100.00 or less is
($ ) guilty of a petty misdemeanor. �
i;
if
SECTION 31. FALSELY REPRESENTING SELF AS INCAPACITATED.
Falsely representing pelf as incapacitated consists of any person falsely e
'; representing himself to be blind, deaf, dumb, crippled or othengise physically
defective for the purpose of obtaining money or other thing of value. '
j� Whoever commits falsely representing self as incapacitated is guilty of a
flpetty misdemeanor.
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SECTION 32. CHEATING MACHINE OR DEVICE.
Cheating machine or device consists of any person, with intent to defraud,
jiattempting to operate or causing to be operated any automatic vending machine,
parking meter, coin-box telephone, or any machine or receptacle des-'
�iigned to receive lawful money of the United States in connection with the sale,
i
�luse or enjoyment of property or service, by means of any slug, or by any false,
counterfeited, mutilated, sweated or foreign coin, or by any means, method,
trick or device.
i
Whoever commits cheating machine or device is guilty of a petty misdemeanorj.
1
j SECTION 33. FAILING TO LABEL SECONDHAND WATCHES.
�i� Failing to label secondhand watches consists of any person or jeweler fail-
sing to identify or specify in any advertising or merchandise display of watches
that the watches offered for sale have had am portion of their movements or
cases repaired or replaced. Watches which have had the brand name, the name of
ls
ithe maker, the serial number, movemeni; number or any other distinguishing number
!3
tor identifying mark erased, defaced, removed, altered or covered shall for the
,1purpose of this section be deemed to be secondhand.
I For the purpose of this section, sufficient labeling shall consist of any
!' notice affixed to the outside of a watch which clearly and legibly indicates the
;word "secondhand" printed thereon so that it can be read by a person of normal 1
i!
ii
vision.
Whoever commits failing to label secondhand watches is guilty of a petty
4 I
��i misdemeanor. j
SECTION 34. COERCING THE PURCHASE OF INSURANCE FROM PARTICULAR BROKER.
Iz V
Coercing the purchase of insurance from particular broker consists of any
person engaged in selling real or personal property, or the lending of money, re;-
quiring as a condition precedent to the sale, financing the purchase of such
property or the lending of money, or the renewal of extension of any loan or
mortgage, that the purchaser of such property, or recipient of the financial
I
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assistance negotiate any policy of insurance or renewal thereof through a parti-
cular insurance company, agent, solicitor or broker.
�j Nothing in this section shall be construed to prevent the exercise by any
!person (of] the right to designate minimum standards as to the company, the term
i+
land provisions of the policy and the adequacy of the coverage with respect to
(insurance on property pledged or mortgaged to such person.
js Whoever commits coercing the purchase of insurance from particular broker i
�iguilty of a petty misdemeanor.
II SECTION 35. FALSELY OBTAINING SERVICES OR ACCOMMODATIONS.
Falsely obtaining services or accommodations consists of any person obtain-
ing any service, food, entertainment or accommodations without paying therefor,
nd with the intent to cheat or defraud the owner or person supplying such ser-
vice, food, entertainment or accommodations.
Mf
i
11 Whoever nommits falsely obtaining services or accommodations when the value
Hof the service, food, entertainment or accommodations furnished is one hundred
111dollars ($100.00) or less iwguilty of a petty misdemeanor.
#� SECTION 36. UNLAWFUL REMOVAL OF EFFECTS.
a
�! Unlawful removal of effects consists of any person removing or causing to b
emoved any baggage or effects from any hotel, motel, trailer park, inn, rented I
#dwelling or boardinghouse while there is a lien existing thereon for the proper
�icharges due for fare or board furnished from such hotel, motel, trailer part, inr ,
' 1
��rented dwelling or boardinghouse, and where the owner or person in possession of
;;such baggage or effects is given actual notice of the fact of such lien, or wher�
}a notice of such lien has been conspicuously posted upon the premises adjacent
i�
It
o such baggage or effects, diving entice of the fact of such lien and the amounj
'f thereof.
I,
I �
Whoever commits unlawful removal of effects is guilty of a petty misdemeanor.
SECTION 37. IMPROPER SALE; DISPOSAL; REMOVAL OR CONCEALING OF ENCUMBERED
4�
+PROPERTY.
ll -15-
i�
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f
-77717T-
4
Improper sale, disposal, removal or concealing of encumbered property con-
�} sists of any person knowingly, and with intent to defraud, selling, transferring,
i�
;removing or concealing, or in any manner disposing of, any personal property upon
t'
iiwhich a security interest, chattel mortgage or other lien or encumbrance has at-
It
itached or been retained, without the written consent of the holder of such se-
ycutity interest, chattel mortgage, conditional sales contract, lien or encum-
'lbrances.
i�
l�
Any broker, dealer or any agent, buyer or seller who receives any renumtr-
11ation whatsoever for transfer of equity, or arranges the assumption of any loan
�i
icon a mobile home or recreational vehicle which has a lien filed upon such vehicle
iwith the New Mexico department of motor vehicles, must obtain written consent
I
i; from the lien holder approving transferee' s assumption of transferor' s obliga-
tion to the lien holder within ten days of such tran8action before such transac
f,
' tion is entered into, provided that the lien holder' s written consent shall not
� f
unreasonably be be Vithheld. Failure to do so will constitute an improper sale,
ajdisposal or removal or concealment of encumbered property which is punishable ash
a petty misdemeanor.
Whoever commits improper sale, disposal, removal or concealing of encumbered
s
1 property where the value of such property is one hundred dollars ($100.00) or-
less is guilty of a petty misdemeanor.
;f
SECTION 38. [SHOPLIFTING;] DEFINITIONS.
As used in this Ordinance:
1
i
i
A. "store" means a place where merchandise is sold or offered to the public
' t
for sale at retail;
B. "merchandise" means chattels of any type or description regardless of
the value offered for sale in or about a store; and
it ;
iiC. "merchant" means any owner or proprietor of any store, or any agent, j
tjservant or employee of the owner or proprietor of any store, or any agent, ser- �
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�I
i}
i!
i
want or employee of the owner or proprietor.
CRIME OF SHOPLIFTING CREATED.
I A. Shoplifting conists of any one or more of the following acts:
(1) willfully taking possession of any merchandise with the intention
111 of converting it without paying for it;
f (2) willfully concealing any merchandise with the intention of convert-
ping it without paying for it
f. (3) willfully altering any label, price tag or marking upon any mer-
? chandise with the intention of depriving the merchant of all or some part of
x
�I the value of it; or j
+ (4) willful iy transferring ark*; merchandise from the container in or
on which which it is displayed to any other container with the intention of depriving
the merchant of all or some part of the value of it.
PRESUMPTIONS CREATED. ?
ii
Any person who willfully conceals merchandise on his person Or on the per-
son of another or among his belongings or the belongings of another or on or
outside the premises of the store shall be prima racie presumed to have con- �
'jcealed the merchandise with the intention of converting' it without paying for
11 it. If any merchandise is found concealed upon any person or among his belong- ?
ings it shall be prima facie evidence of willful concealment.
s REASONABLE DETENTION.
i
' If any law enforcement officer, special officer or merchant has probable
i4
cause for believing that a person has willfully taken possession of any merchant
dise, and that he can recover the merchandise by detaining the person or taking ;
11 him into custody, the law enforcement officer, special officer or merchant may„
Is
for the purpose of attempting to effect a recovery of the merchandise, take the ,
ii
f I person into custody and detain him in a reasonable manner for a reasonable time]
!+ Such taking into custody or detention shall not subject the officer or merchants
jl to any criminal or civil liability. j
it
r
f
�i
f i
i
Any law enforcement officer may arrest without warrant any person he has
probable cause for be),1eving has committed the crime of shoplifting. Any mer-
chant who cuases sucl.i an arrest shall not be criminally or civilly liable if he
has probable cause for believing the person so arrested has committed the crime
I of shoplifting. '
Whoever commits shoplifting shall be guilty of a petty misdemeanor.
ji SECTION 39. CREDIT CARDS; DEFINITIONS.
;i
�t As used in this Ordinance;
l� A. "cardholder" means the person or organization identified on the face
of a credit card to whom or for whose benefit the credit card is issued by an r
issuer;
i
B. "credit card" means any instrument or device, whether known as a credits
f
licard, credit plate, charge card, or by any other ^hme, issued with or without 1
fee by an issuer for the use of the cardholder in obtaining money, goods, ser-
vices or anything else of value, either on credit, or in consideration of any
undertaking or sruarantee by the issuer of the payment of a check drawn by the
t
a ;
scardholder;
C. "expired credit card" means a credit card which shows on its face that
it is outdated; f
D. "issuer" means the business organization or financial institution, or
E
I its duly authorized agent, which issues a credit card;
I
li E. "participating party" means a business organization, or financial in-
stitution, other than the issuer, which acquires for value a sales slip or agree-
s�
ment;
,i
F. "sales slip or agreement" means any writing evidencing a credit card
'i
transaction;
f.
;I G. "merchant" means every person who is authorized by an issuer or a part-;
icipating party to furnish money goods, services or aWbhing else of value upon
t
I' presentation of a credit card by a cardholder;
I! `
H. "incomplete credit card" means a credit card upon which a part of the
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tt
E
matter, other than the signature of the cardholder, which an issuer requires to
appear on the credit card before it can be used by a cardholder, has not been
Hstamped, embossed, imprinted or written on it;
�f
jI. "revoked credit card" means a credit card for which the permission to
use has been suspended or terminated by the issuer, and notice thereof has been r
+igiven to the cardholder; and
jJ. "anything of value" includes money, goods and services.
i SECTION 40. POSSESSION OF A CREDIT CARD STOLEN,LOST, MISLAID OR DELIVERED
ti
BY MISTAKE.
A person other than the issuer who receiveR or possesses a credit card that
the knows or has reason to know to have been stolen, lost, mislaid or delivered
under a mistake as to the identity or address of the cardholder, and who retains
!possession thereof with the intent to use it or to sell it or to transfer it to {
�!a person other than the issuer or the cardholder, is guilty of a petty misdemea
or.
'1
SECTION 41. IMPROPER HANDLING OF FIRE.
I
Improper handling of fire consists of: {
A. setting fire, or causing or procuring a fire to be set to any inflam-
11mable vegetation or forest material
t
g , growing or being on the lands of another �
person and without the permission of the owner thereof;
s
!� S. allowing fire to escape or spread from the control of the person having
i
Ichar a thereof without using ng reasonable and proper precaution to prevent such � c
fire from escaping or spreading.
i
j C. burning any inflammable vegetation or forest material, whether upon his
j{ own land or that of another person, without using proper and reasonable pre-
caution at all times to prevent the escape of such fire; {
D. leaving any campfire burning and unattended upon the lands of another i
person; or
E. causing a fire to be started in any inflammable vegetation or forest
i
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•
material, growing or being upon the lands of another person, by means of any
lighted cigar, cigarette, match or other manner, and leaving such fire unquench-
ed.
�I
Providing, nothing herein shall constitute improper handling of fire where
,1the fire is a backfire set for the purpose of stopping the progress of a fire
�I
Ithen actually burning.
1
II Whoever commits improper handling of fire is guilty of a petty misdemeanor.
SECTION 42. USE OF AN ENGINE WITHOUT SPARK ARRESTER.
1 Use of an engine without spark arrester consists of using or operating any
i
!!locomotive, ligging engine, portable engine, traction engine or stationary en-
I
gine using any combustible fuel when such engine is not provided A th an adequate
i
! spark arrester kept in constant use and repair.
Escape of fire or live sparks from any engine shall be prima facie evidene
Ithat such engine has not been adequately equipped with a spark arrester in com-
11pliance with this section.
�j Whoever commits use of an engine without spark arrester is guilty of a pettbr
k
is
imiedemeanor.
I
I SECTION 43. INTERFF.MCE WITH FIRE CONTROLS.
I Interference with fire controls consists of:
I
A. giving a false fire alarm to any public officer or employee, whether by
(I means of a fire alarm or otherwise;
i; B. interfering with the proper functioning of a fire alarm system; or
C. interfering with the lawful efforts of firemen to extinquish a fire. }
i'
1� Whoever commits interference with fire controls is guilty of a petty mis-
demeanor.
I
SECTION 4+ . POSSESSION OF FIREWORKS. I
Possession of fireworks consists of either selling, offering to sell, own-
1 ing, possessing or discharging any firecracker, roman candle, skyrocket, torpedd,
f
(bomb, blank cartridge or any other type or form of explosive commonly known as
I
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•
"fireworks," unless such item has been::declared by the state fire marshall as
Inot dangerous to person or property.
�i
!j The term "fireworks" shall not include toy pistols, toy canes, toy guns
for other devices in which paper caps containing twenty-five hundredths grains or
11 less of explosive compound are used, providing they are so constructed that the
I!
11hand cannot c(ne in contact with the cap when in place for sue, and toy pistol
?
!paper caps which contain less than twenty-hundredths grains of explosive mixture
the sale and use of Which shall be permitted at all times.
Nothing herein contained shall be held to apply to or prohibit any employee
i
of the state game and fish department or the United States fish and wildlife ser'
iN vice from possessing fireworks for control of game birds and animals, or to pro-I
Hhibit any municipality or civic organization therein, from sponsoring and con-
1
ducting in connection with any public celebration an officially supervised and
++controlled fireworks display.
li Whoever commits possession of fireworks is guilty of a petty misdemeanor.
II SECTION 45. CRUELTY TO ANIMALS.
Cruelty to animals consists of:
A. torturing, tormenting, depriving of necessary sustenance, cruelly beat- S
I�
ring, mutilating, cruelly killing or overdriving any animal; s
r'
{
B. cruelly driving or working any animal when such animal is unfit for ?
�4 {
! labor.
Whoever commits cruelty to animals is guilty of a petty misdemeanor.
SECTION 46. DISORDERLY CONDUCT.
it
i
j Disorderly conduct consists of: '
j
! A. engaging in violent, abusive, indecent, profane, boisterous, unreason-
(! {{�
{'ably loud or otherwise disorderly conduct which tends to disturb the peace; or 1
i� B. maliciously disturbing, threatening or, in an insolent manner, inten-
r;
!
!'tionally touching any house occupied by Any person. I
�IWhoever commits disorderly conduct is guilty of a petty misdemeanor.
i
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SECTION 47. PUBLIC AFFRAY.
Public affray consists of two or more persons voluntarily or by agreement
engaging in any fight or using any blows or violence toward each other in an
11angry or quarrelsome manner in any public place, to the disturbance of others.
Whoever commits public affray is guilty of a petty misdemeanor.
i
ii SECTION 48. UNLAWFUL ASSEMBLY.
Unlawful assembly consists of three or more persons assembling together wit21
�4
�Iintent to do any unlawful act with force or violence against the person or pro-
,1perty of another, and who shall make any overt act to carry out such unlawful
iipurpose.
Whoever commits unlawful assembly is guilty of a petty misdemeanor.
SECTION 49. LOITERING OF MINORS.
Loitering of minors consists of the o+,,mer or operator of any saloon permit-
Ai.ng a person under the age of twenty-one years to attend, frequent or loiter in
jor about such premises without being accompanied by the parent or guardian of
;;the person.
{ Whoever commits loiters
.i ng of minors is guilty of a petty misdemeanor.
I
°i SECTION 50. OBSTRUCTING MJVIIMENT.
t(
i It is unlawful to hinder, annoy or molest persons passing along any street,
;!sidewalk, crosswalk or other public way, or to loiter, sit or stand around the
,:entrance of any church, theatre, public building, or other place of public _,ssem-
`!blage in any manner so as to unreasonably obstruct such entrance or to place or
ierect upon any public way an obstruction of any type except temporary barriers
i
; or warning signs placed for the purpose of safeguarding the Public against any
;hazard.
ii Whoever commits obstructing movement is guilty of a petty misdemeanor.
SECTION 51. 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
;i
!Pother public ways of the city for the purpose of warning or protecting travelers'.
;from injury or danger, provided that removal after the danger has ceased and
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temporary removal to a11ow the passage of a vehicle with immediate subsequent
ireplacement shall not be considered unlawful.
Whoever commits removal of barricades is guilty of a petty misdemeanor.
�E SECTION 52. TNTEM ERENCE WITH MEMBERS OF STAFF, PUBLIC OFFICIALS OR THE
i
GENERAL PUBLIC; TRESPASS; DAMAGE TO PROPERTY; MISDEMEANORS; PENALTIES.
ii
{;! A. No person shall, at or ir, any building or other facility or property
1owned, operated or controlled by the state or any of its political subdivisions
li
1,1willfully deny to satff, public officials or the general public:
+� (1) lawful freedom of movement within the building or facility or the
i
:land on which it is situated;
J
(2) lawful use of the building or facility or the land on which it is
i '
i1 situated; or
i
(3) the right of lawful ingress and egress to the building or facility
$4 I
ilor the land on which it is situated,
B. No person shall, at or in any building or other facility or property
owned, operated or controlled by the state or any of its political subdivisions,;
i1willfully impede the staff or a public official or a member of the general pub-
tilic through the use of restraint, abduction, coercion or intimidation or when
i1force and violence are present or threatened.
it
C. No person shall wi3lflxl.1y refuse or fail to leave the property of or
Hany building or other facility, owned, operated or controlled by the state or
kany of its political subdivisions when requested to do so by a lawful custodian
�of the building, facility or property if the person is committing, threatens to
cot it or incites others to commit any act which would disrupt, impair, interfere
'!with or obstruct the lawful mission, processes, procedures or functions of the
!property, building or facility.
t; D. Nothing in this section shall be construed to prevent lawful assembly
!!and peaceful and orderly petition for the redress of grievances, including any
; labor dispute.
ii
tj E. Any person who violateL atW of the provisions of this section shall be
j
ildeemed guilty of a petty misdemeanor,
;I 4
t -�3-
i
i, SECTION 53. RESISTING OR OBSTRUCTING AN OFFICER.
Resisting or obstructing an officer consists of:
i?
A. knowingly obstructing, resisting or opposing any officer of this state
't
1�
{for 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
1i
judicial writ or process; or
B. resisting or abusing any judge, justice of the peace [magistrate] or
;peace officer in the lawful discharGe of his duties.
I �
j; Whoever commits resisting or obstructing an officer is guilty of a petty {
misdemeannr.
SECTION 54. REFUSING TO AID AN OFFICER. f
J
It l
Refusing to aid an officer consists of refusing to assist any peace officer;
ire the preservation of the peace when called upon by such officer in the name f
1`
j1 of the United States or the state of New Mexico.
Whoever commits refusing to aid an officer is guilty of a petty misdemeanor!.
ii
SECTION 55. CONCEALING IDENTITY.
Concealing identity consists of concealing one' s true name or identity, or
disguising oneself with intent to obstruct the due execution of the law or with
t,' intent to intimidate, hinder or interrupt any public officer or any other person
; in a legal performance of his duty or the exercise of his rights under the laws
t�
of the United States or of this state.
Whoever commits concealing identity is guilty of a petty misdemeanor. '
SECTION 56 DEMANDING ILLEGAL FEES. 4
i
Demanding illegal fees consists of any public officer or public employee
i
;'knowingly asking or accepting anything of value greater than that fixed or allow
J
is ed by law for the execution or performance of any service or duty.
S
Whoever commits demanding illegal fees is guilty of a petty misdemeanor.
SECTION 57. IMPERSONATING PUHLIC OFFICER.
4
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ff
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4
1
1
i
•
Impersonating a public officer consists of aay person:
A. without due authority exorcising or attempting to exercise the function
of any peace officer; or f
B. falsely assuming or pretending to be a peace officer, magistrate or s
f
11>coronerwith intent to deceive another.
t
4t
Whoever commits impersonating a public officer is guilty of a petty mis-
jdeameanor. j
SECTION 58. GLUES; LIMITING THE SALES; REQUIRING RECORDS; PENALTY. .
( A. No person sha-1.1 sell glue to any person under eighteen years of age. j
J
,'A New Mexico driver's license shall be prima facie proof of age. �
B. No person shall sell more than one tube of glue to any person eighteen
years of age or older without first obtaining a signed statement from the personi
{containing his name and address. The seller shall retain these records for six
1I Ii
Imonths and shall make such records available during businesr. ';�-��^ -o the healthl
I{ C
; services division of the health and environment department and to law enforcement
agencies of the state, county and municipality.
l� }
s
i C. Wholesale distributors of glue shall make available to the health ser-
vices division of the health and environment department and to law enforcement !
- agencies of the state, county and municipality during business hours their re-
}
il
cords of all sales to retailers of glue.
l; i
i
D. As used in this section, "glue" means what is commonly referred to as
<< plastic or model airplane cement and Laaludes any cement contairtng hexane, ben
:i
zene, toluene, xylene, carbon tetrachloride, chloroform, ethylene dichloride,
acetone, cyclohexanone, methylethyl ketone, methylisobutyl, kentone, amyl acetate,
i
butyl acetate, ethyl acetate, tricresyl phosphate, butyl alcohol, ethyl alcohol,1
isopr*pyl alcohol or methylcellosolve acetate.
E. Any person violating any provision of this section is guilty of a petty
i
t,
k? misdemeanor.
i
t �
jf f
11 !
I I }
'tI I
I
SECTION 59. OBTAINING TELECOM+ MCATIONS SERVICE WITH INTENT TO mr-RAUD;
DEFINITIONS.
1
ii For the purpose of this Ordinance:
A. "credit card" means an identification card or plate issued to a person,
Vir . or corporation by arw person, firm or corporation engaged in the furnishing
lI
IIof telecommunications service, which permits the person, firm or corporation to I
11whom. the card has been issued to obtain telecommunications service on credit;
B. "credit card number" means the card number appearing in a credit card;
1� I
hand
C. "telecommunication service" means service furnished by a public utility
lincluding a telephone company, by which there is accomplished, or may be accom-
I'
1(plished, the sending or receiving of information, data, messages, writing, signs
�I signals, pictures and sound of all hinds, by aid of wire, cable, radio or other
4:
jJmeans or apparatus.
t� F
i CRIME TO PROCURE OR TO ATTEMPT TO PROCURE TELECOMMUNICATIONS
�lSERVICE WITHOUT PAYING CHARGE; CRIME TO MAXE, POSSESS, SELL, GIVE OR TRANSFER
i
;CERTAIN DEVICES FOR CERTAIN PURPOSES: PENALTY.
I!
�i
it A. It is unlawful for any person, with intent to defraud any person, firm
i�
:,,'or corporation, to obtain or to attempt to obtain any telecommunications service
(jwithout paying the lawful charge in whole or in part, by any of the following
i;
lf!means:
;I
i, (1) charging such service to an existing telephone number or credit
i
?`card number without the authority of the subscriber thereto or the legitimate
Ii Y � ;
i1holder thereof;
4;
It
(2) charging such service to a nonexistent, false, fictitious or I
counterfeit telephone number or credit card number, or to a suspended, terminat-1
ed, expired, canceled or revoked telephone number or credit card number; �
It
li (3) rearranging, tampering with or making electrical, acoustical, in-
1 -26- r
s t
•
duction or other connection with any facilities or equipment;
(4) using a code, prearranged scheme or other stratagem or device
s
{ whereby said person in effect sends ,or receives information; or
r
ji (5) using any other contrivance, device or means to avoid payment of
i
I. the ]awful charges, in whole or in pert, for such service.
This Subsection A shall apply when said telecommunication service either
originates or terminates, or both, in this state, or when charges for said ser-
vice would have been billable in normal course by the public utility providing
1
such service in this state but for the fact that said service was obtained, or
�I
; attempted to be obtained by one or more of the means set forth hereinabove.
Ii
Whoever violates this Subsection A when the charges for the telecommunica-
tion service obtained or attempted to be obtained are one hundred dollars ($100)
i'
or less is guilty •7f a petty misdemeanor.
I SECTION 60. WORTHLESS CHECKS.
i
This Section may be cited as the "Worthless Check Act"
Definitions. As used in the Worthless Check Act of this Ordinance:
i
A. "check" means any check, draft or written order for money;
B. "person" means any person, firm, or corporation;
(f C. "draw" means the making drawing, uttering or delivering a check;
,s
j� D. "thing of value" includes money, property, services, goods and wares;
l!and lodging;
G E. "credit" means an arrangement or understanding with the drawer for the ,
iipayment of the check. i
� 5
i
_
��^ur`/�,//'�M
UR SE.
' It is the purpose of the Worthless Check Act of this Ordinance to remedy
`;the evil of giving checks on a bank without first providing funds in or credit
;;with the depository on which they are made or drawn to pay or satisfy the same,
$hick tends to create the circulation of worthless checks on banks, bad banking,
li
'check kiting and mischief to trade and commerce. `
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ii
t
UNLAWFUL TO ISSUE.
It is unlawful for a person to issue in exchange for anxycthing of value,
� tri.th intent to defraud, any check, draft or order for payment of money upon any
l
I1bank or other depository, knowing at the time or the issuing that the offender
lihas insufficient funds in or credit with the bank or depository for the payment
';of such check, draft or order in full upon its presentation.
1`
j
EXCEPTIONS. f
The Worthless Check Act of this Ordinance does not apply to:
I
�! A. any check where the payee or holder knows or has eeen expressly noti-
'ified prior to the drawing of the check or has reason to believe that the drawer
E
did not have on deposit or to his credit with the drawee sufficient funds to
11insure payment on its presentation; or
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B. any post-dated check.
�! INTENT TO DEFRAUD: HOW ESTABLISHED.
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In the prosecution of offenses under the Worthless Check Act of this Or-
{dinance, the following rules of evidence shall govern:
t
11 A. if the maker or drawer of a check, payment of which is refused by the
%ank or depository upon which it is drawn because of no account in the name of
lthe maker or drawer in said bank, proof of the fact that the maker or drawer
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;shad no account in the bank or depository upon which the check is drawn shall be
;'prima facie evidence of an intent to defraud and of knowledge of insufficient
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iifunds in or credit with the bank or depository with which to pay said draft; 1
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B. If the maker or drawer of a check, payment of which is refused by the !
!bank or depository upon which it is drawn because of insufficient funds or credit
in the account of the maker or drawer in the bank or depository, fails, within
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;!ten days after notice to him that the check was not honored by the bank or de-
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pository, to pay the check in full, together with any protest fees or costs
thereon, such failure shall constitute pr'i.ma facie evidence of a knowledge of
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the insufficiency of funds in the bank or depository at the time of the making 1
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or drawing of said chuck and of an intent to defraud.
NOTICE.
l Notice as used in the Worthless Check Act of this ordinance shall consist
(j of either notice given to the person entitled thereto in person or notice given
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`to such person in writing. The notice in writing is presumed to have been given
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';when deposited as certified matter in the United States mail, addressed to the
person at his address as it appears on the check.
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Whoever commits writing a worthless check in the amount of $25.00 or less
I'shall be guilty of a petty misdemeanor.
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SECTION 61. SELLING OR GIVING LIQUOR TO MINORS; POSSESSION; MINOR DEFINED.
A. It is a violation of this Code for any club, retailer, dispenser or any
Mother person, except the parent or guardian or adult spouse of any minor, or
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11adult person into whose custody any court has committed the minor for the time,
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�joutside of the actual, visible personal presence of the minor' s parent, guardian
adult spouse or the adult person into whose custody any court has committed the
'yminor for the time, to do any of the following acts:
M (1) to sell, serve or give any alcoholid t:liquor to a minor or to per-
emit a minor to consume alcoholic liquor on the licensed premises;
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(2) to buy alcoholic liquor for, or to procure the sale or service of
jalcoholic liquor to a minor;
(3) to deliver alcoholic liquor to a minor; or
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(4) to aid or assist a minor to buy, procure or be served with alco- I
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I1holic liquor.
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B. It is a violation cf this Code for any minor to buy, attempt to buy, i
;!receive, possess or permit himself to be served with any alcoholic liquor except
when accompanied by his parent, guardian, adult spouse or an adult person into
iYhose custody he has been committed for the time by some court, who is actually
j;visible and personally present at the time the alcoholic 1'.suor is bought or re- ;
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ceived by him or possessed by his or served or delivered to him.
C. In the event any person except a minor procures any other person to
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sell, serve or deliver any alcoholic liquor to a minor by actual or construc-
tive misrepresentation of any facts calculated to cause, or by the concealment
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of any facts the concealment of which is calculated to cause, the person sel-
ling, serving or delivering the alcoholic liquors to the minor to believe that
such minor is legally entitled to be sold, served, or delivered alcoholic liq-
1luors, and actually deceiving him by such misrepresentation or concealment, then I
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lithat person, and not the person so deceived by such misrepresentation or con-
cealment, shall have violated this Code. I
I� D. In any proceedings under Subsection A of this section, it is not neces-i
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sorry for the proseetution, or any person, official or party urging or contendingi
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that such subsection has been violated, to allege or prove that the parent, guaz4-
{' ian, adult spouse or any adult person into whose custody any such minor has been;
licommitted by any court, was not actually, visible and personally present at the
time of the alleged violation, but such matters are matters of defense to be es
tablished and proved by the person against whom the prosecution or proceedings
Ij is brought.
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E. As used in this section "minor" means any person under twenty-one years
Ii of age.
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Whoever commits selling or giving liquor to minors is guilty of a petty j
� misdemeanor.
{
j SECTION 62. MARIJUANA; POSSESSION PROHIBITED; PENALTIES.
j A. It is unlawful for any person intentionally to possess marijuana (as
defined by State Law) unless the substance was obtained pursuant to a valid pres-
cription or order of a practitioner while acting in the course of his professio'-
al practice.
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B. Any person who violates this section With respect to:
l one ounce or less of marl im is for the first offense guilty ',
( ) � > > b'u tY
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of a petty misdemeanor and shell be punished by a fine of not less than fifty
i dollars ($50-00) nor more than one hundred dollars ($100.00) and by imprisonment
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for not more than fifteen (15) days.
SECTION 63. OUTDOOR NATION PICTURE THEATRES; PROHIBITED FROM SHOWING OB-
SCENE FILMS.
A. It is unlawful for the owner or operator of an outdoor motion picture
theatre to exhibit any obscene film in an outdoor theatre.
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B. For purposes of this section "oscene film" means a film that:
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(1) the average person applying contemporary community standards woul
0find that, when considered or taken as a whole, appeals to the prurient interest ;
il I 2 the material depicts or describes sexual conduct in a tent of
( ) ep patently
iisfensive way by representations of ultimate sexual acts, normal or preverted,
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factual or simulated; masturbation, excretory functions or lewd exhibitions of
the genitals of oneself or another; tactile stimulation of the genitals of one-
self or another; and,
(3) the work when considered or taken as a whole lacks serious liter-I
Lary, artistic, political or scientific value.
C. It is unlawful for any person to violate the provisions of Subsection j
A of this section any representative of the local government involved may, upon
notice to to the offending person, seek an injunction in the district court to en-
,!Join the showing of the offending film. j
SECTION 64. TRASH BURNING. It shall be unlawful for any person to burn i
!'any refuse or waste matter within the Town.
II Whoever commits the burning of trash is guilty of a petty misdemeanor. j
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SECTION 65. CURFEW. It is unlawful for any person under the age of 18
I�years to loiter, idle, wander, stroll or play in or upon the public streets,
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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 If
�iaccompanied by a parent, guardian, or other adult person having the care and
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custody of such minor or where the minor is upon an emergency errand or lktgiti
mate business directed by persons having the care or custody of such minor.
Whoever commits curfew violations is guilty of a misdemeanor.
SECTION 66. PENALTY.
Unless otherwise specifically set forth in this Criminal Code, anyone found
j guilty of a petty misdemeanor shall be fined not less than $10.00 nor more than
I $300.00, or sentenced to the county jail for a period not to exceed six (6)
months, or both.
SECTION 67. SEPARABILITY. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion shall be deemed a
i
spearate, distinct and independent provision and such holding shall not affect
the remaining portions thereof.
SECTION 68. ORDINANCES REPEALED. Ordinance number 605 and/or parts of
said ordinance in conflict herewith are hereby repealed.
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-SS'•R+?c!.t�,'"
HbTt�E,�r;x��eby�;�plver�
tr efln� Will be held`by the Town
Council of the Town'of:Taos,In the
Taos Town Hall, Armory Street;
Taos,.New Mexico,on Wednesday,
August'15,1979,at 7:30 P.M.At the
meeting the Town Council of the
Town of .Taos will consider final
acllon on the adoption in Ordinance
Defining and petting forth the
Criminal code for Ilia Town of Taos
and Providing Penalties for violation
of said Code.
•,The,following.Is a general sum•
mary of the subject matter con-
talned In Ordinance No.855.'
SECTION 1.Definitions.
SECTION 2:Accessory)
SECTION 3.Assault. '
SECTION 4:Battery..
SECTION 5: Carrying a DeaolyiV
Weapon ;vv, 1
SECTION 8.Unlawful Carrying 681'i
*Iy Weapon. `
1'4,�CTION I 7: Negllgent'-'Use`o o.
fly Weapon si
c, CTI v 8. Negllgent Used4"
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ECIIION 9. ."Unlawful S%e;-x
Po session" or Transportation
loa(vee. s<�
6716N 10.Unlawful Posse set,
of witchblades'.,
CTION I I.Public Nuisance ¥"
CTION I2:RiNse Dellned.• '�'l
+$
CTION,,13: Abandonmeni-411,
gerousContainers, + : �l
C710N,.'1/: .Placing Iniuria W;
S`'stance on Highways.
°.
CTION 15:Conduct Olfenaivpto'l;
PyblicWell-being >
CTION 16. .Unlawfully Pdr-�s
4ing Livestock upon Public 1461-P?
ON 17.Prostitution 1➢}#
SECTION 18. Patronlilhif i
Prostitutes,
SECTION" 19.: 'Promoti4"
Prostitution,
SECTION: 20.' House of
,.SECTION Public Nuisance. "
SECTION 21.Indecent Exposure
SECTION 22,Defacing Tombs.
SECTION 23.'Disturbing Lawful
Assembly.
SECTION 24.Criminal Trespass.
SECTION 25. Wrongful Use of:
Public Property,Permit;Penalties.
SECTION 28. Rocks, Protected
Plants or Trees within Four Hundred
Yards of Highway;
SECTION 27:Fraud.
SECTION A..Unlawful Dealing in
Federal Food Coupons.
SECTION'29.Embezzlement.
SECTION 30; Receiving Stolen
Propory;CTIO Penaltl,�a
SEN 31.Fala�eiy Representing
Self as Incapacitated.
SECTION 32.Cheating Machine or
Device.
SECTION 33. Failing.to Label
Sicondhand Watches.'.
SECTION 34. Coercing the Pur-
chase of Insurance from Particular.
Broker.
SECTION 35. Falsely Obtaining
Services or Acconpodations;
SECTION 38.Unlawful Aerrioval of
Effects. "
.SECTION 37. Improper Sale,'
Olsbosai;Removal or Concealing of
Encumbered Properly:
SECTION 38. Shoplifting;.
7ellnl(lons:
SECTION 39. Credit .Cards;
-f3elinitions.
SECTION 40, Possession of a!,.
,,Credll Card Stolen tiLoaf;r
'S "T.fObjj�t at ` F
t` .
FILMED DOCUMENTS
ARE THE BEST AVAILABLE COPIES.
ilk, T�4y08�,NlW Illtllll�'-�
is je}ifElt�w dlvEij.:ii�I°
°?ToNhi Co'rrlioili otXtFi'e;`f;
M_i ffqulk
•
it: ,11:P.M:'the •
a.A1n�US 16, 10f'9;�IH Ihi:
fi NriflrArmory Sti1N1;Teoir .
� bd;;,adopladcda�rt�.ptsNid,�flif'
OROIt1ANCEN�S;i66
NANCE`OE14MING:'AND,:
f.-FORTH THE'.C1t11MN1Al`.0
NE'TOWN-OF.;•TAOa:-'
OVIDING`='PENALTIRV4
t' LATION OF SAID CODE,-;, ' Y'
following We general,ium,
the;subject, matter.,contained
nartea No.gab '
81 2TION 1,Delltilllriric h
ION 2.Agb;esgys
s' ON 3 Asi`utl '; F f t r cyF
ION 4aittety_
f TION'f! Cairying.•i`,pi y f
T1oN'i,�.Uilliie/ulCiirylli�
p Iy Wayon .
N 7 1,04gilgent use of i DO. '}
.. ON Il Negligent or ti ,
T,fON"I rUnliW'f1k1I S�,r
"it h,. or.,Transportallon
TION to.unlawful 068466ecrt C
f' tchbiedss... r�
- TK)NII PuDlloNu(einc}.=
1601112.Refuse Defirlsd,
_ tON 14: Placinga lnluriour:8
• on Highways.
ION 10. Conduct Offensivaf i.
_ ON W Unlawfully Permi4�ild f
loci u n Public Highways.',N 17.Prostitution.
ION t0.Patronizing"ilwQ'
at N 10:Promoting Prwtltutl0rk...I
x , N,.20. House of.Prosiltut(o�r;y
:. : icNu anoe.
b: N 21.Indecent Exposure.
N22.bafibinpToinbe. _
'r
101t,"43. Disturbing. La� 1
lziv TOO 24.CriminalTreipsss. 1 '
26;Wrongful Use of Ptlio;
�. lt;Penaittes. {fiyu;
ON 26,Rooks,Protected Pistil ,
tnas,lelthin Four Hundred Yards`
N 2f;Frraud. . :.
f10N,2B. Unlawful;Deallnd thf'
Food Coupons.,
_ ION 20;Embezzlement.
ION,: 0g
+ T �" ." Receiving: St n'
' ;PenaflNs r *�t�a.
f :31.,Falsely IlWasen
is lndapacllawd...
N-32.'CtieatIng Machinf '
r
TION 43.;,Faling .to Lads .
3t fraud Watches., .'_
f: ON'34..Cosrcing the pure? hn
`suranoe from Particular Brokeit��fsl ION 311 Falsely_Obtainingr v atAcoommodN.X'Unlawful Removai
€�rEffeclni.'
i4ECTION 37.Improper Sus;diipo l
Apijnovsl or Concealing of a±Ens
buihn6 l Property:
IECTION 36.Shoplifting;Definitldnl '
ACTION.,,39. . Credit ;CefAiij
It fit.
Po$session of a Coal,,
Stolen;Los,Mis�ahl o.odnrvs t
lst y'
_.
�'4t..
proper Handliny T
of
�yr�IFil
air +
SECTION 42. Use .of an E Q 66,t.
'r:lellll+oul6park Atroslet.':.� �'a:Z�'r;;;
STIQN./3, Intnrterpficef�
•Y+I�ha.Fir
v�O trots. tt'a""cli . .��y,;{)
,SgPT. N' '44. Poesee,ion" ;ot.;
SECTION 46.CruNty,to Anlmale.hl""
:SECTION46,Disorderly ConduclWil ;1
8ECTION 47:Public Affray.
+,
. SECTION b,Unlawful Assembll,}j,..4 ,
fiFBECTION 49:Loitering of'llnon;�;��;t=�.
.,'MCT10N60.Obstru IngMoventsnl}'�
n-;A ION 31 RsnrovaalofSirricidii g'
S TION,`52::,Interfirenoe,JJ
bere:of Staff;PubNo'Offblal
r ` deMral Public;Traps a;D&jts
r 1o'rcpeny,Mlsdemwgiofi,Peniltlfa.
-,?�$t:L"TION 53.Mslsting of 6661 it
=aECT1ON 64.Refusing to Aid : Oi;•
°�,�SEC'f10Nb5:ConcNlinOldentl '=+rr
.SECTION So.Osn4adloglllogal'
ry 14 STmIng CTIOI � o .;
fflcer,
"'? ECMN 5& atiM; U-nilt np
V-Sos;Requiring Reooto 11 Piriaftyt
�'IWTION- 69.' Obtaining Tel
prnlhlcallons Barvice;with Int o:
;�-p:fraud;Dsflelib�s., ;f
-"$E:TION60.WotthNsdcliecks. ,
�
• ECTION 61,,Sslling or Olving
i� o kidn,
Possession.-M.inor
:V 62. Marijuan ,Poi
`Ibitrid;PeniltMs h
N
at Outdoor kiotlon. l. ... s
Itrti;:Prohibtted from
neFilms i .;
ON 64 Tras
. h Buming.
N 66:Curfew. : ::
66.Penalty.
ION S7.Seper glik., f
N it0(dinanoss R
t{ ED':ANP ADOPT 161
�1°SintlateYin, • , Y,
YOR PIi0tIm
A T
kls�#antalN
T CLERK. ?