Chapter 9.05


9.05.010    Title.

9.05.020    Definitions and rules of construction.

9.05.030    Amendments.

9.05.040    Penalty.

9.05.050    Severability.

9.05.060    Repealer.

9.05.070    Time of taking effect.

9.05.010 Title.

The ordinance codified in Chapter 6.05 MTC, Animal Control; Chapter 8.15 MTC, Nuisances; Chapter 9.05 MTC, Offenses; Chapter 9.10 MTC, Public Order and Safety; Chapter 9.15 MTC, Property; Chapter 9.20 MTC, Public Morals; and Chapter 9.25 MTC, Minors, is called and may be cited as the “offenses ordinance” for the municipality of the town of Mesilla. [Prior code § 8-1-1]

9.05.020 Definitions and rules of construction.

In the construction of the offenses ordinance, the following definitions and rules of construction shall be observed, unless it be otherwise expressly provided in any section of the offenses ordinance, or unless inconsistent with the manifest intent of the offenses ordinance:

A. “Accused” means any person charged with the violation of any ordinance of the municipality that imposes a penalty.

B. “Another,” “other,” means any other human being or legal entity, whether incorporated or unincorporated, including the United States, the state of New Mexico or any subdivision thereof.

C. “Anything of value” means any conceivable thing of the slightest value, tangible or intangible, movable or immovable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term “property.”

D. “Battery” means the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner.

E. “Bet” means a bargain in which the parties agree that, dependent upon chance, even though accompanied by some skill, one stands to win or lose anything of value specified in the agreement. A bet does not include:

1. Bona fide business transactions which are valid under the laws of contracts, including, without limitation:

a. Contracts for the purchase or sale, at a future date, of securities or other commodities; and

b. Agreements to compensate for loss caused by the happening of chance, including, without limitation, contracts for indemnity or guarantee and life and health and accident insurance;

2. Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in such contest;

3. A lottery which is defined as an enterprise wherein, for a consideration, the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill. As used in this subsection, “consideration” means anything of pecuniary value required to be paid to the promoter in order to participate in such enterprise; or

4. Betting otherwise permitted by law.

F. “Carrying a deadly weapon” means being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use.

G. “Defendant” means any person accused of a violation of any ordinance of the municipality that imposes a penalty.

H. “Disorderly conduct” means engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace, or maliciously disturbing, threatening, or, in an insolent manner, intentionally touching any house occupied by any person.

I. “Governing body” means the city council or city commission of a city, the board of trustees of a town or village.

J. “He” or “him” or “she” or “her” shall not be construed to be mandatory distinctions of gender if not expressly stipulated.

K. “Lawful custody or confinement” means the holding of any person pursuant to lawful authority, including, without limitation, actual or constructive custody of prisoners temporarily outside a penal institution, reformatory, jail, prison farm or ranch.

L. “Mayor” means the chief executive officer of municipalities having the mayor-council form of government.

M. “Minor” means any unmarried person who has not reached his or her eighteenth birthday, except that under application of the Alcohol Beverage Control Act, or any alcohol-related division of the offenses ordinance, “minor” means any person under 21 years of age.

N. “Municipality” means any incorporated city, town or village, whether incorporated under general act, special act or special charter.

O. “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, notary or other person taking testimony or depositions in any proceeding.

P. “Person” means any human being or legal entity, whether incorporated or unincorporated.

Q. “Police officer,” “law enforcement officer,” “peace officer,” or “officer” means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.

R. “Prostitution” means knowingly engaging in or offering to engage in sexual intercourse for hire.

S. “Public employee” means any person receiving remuneration for regular services rendered to the state or any of its political subdivisions.

T. “Public ground” means any real property owned or leased by a municipality.

U. “Public officer” means any elected or appointed officer of the state or any of its political subdivisions, serving with or without remuneration for his services.

V. Shall, May. “Shall” is mandatory and “may” is permissive.

W. “Street” means any thoroughfare that can accommodate pedestrian or vehicular traffic, is open to the public and is under the control of the municipality. [Prior code § 8-1-2]

9.05.030 Amendments.

Any amendment to the offenses ordinance shall be adopted as ordinances as required by state law, and when passed in such form as to indicate the intention to make the same a part thereof, shall be incorporated into this code so that reference to it as “the offenses ordinance” shall be understood as including such amendments. [Prior code § 8-1-3]

9.05.040 Penalty.

A. Any person found guilty of violating any of the provisions of the offenses ordinance shall be fined not more than $500.00 or imprisoned for a period of not more than 90 days, or by both such fine and imprisonment, and each day the offenses ordinance is violated shall constitute a separate offense; provided, however, that if a specific penalty is provided therefor in any particular and individual section of the offenses ordinance, then the specific penalty shall prevail.

B. Mandatory Fees Collected Upon Conviction. In addition to any fine or imprisonment described in subsection (A) of this section, there is imposed upon any person convicted of violating any municipal ordinance the penalty for which carries a potential jail term the following mandatory fees:

1. A corrections fee of $20.00;

2. A judicial education fee of $3.00; and

3. A court automation fee of $6.00. [Ord. 2009-06 § 1; Ord. 2003-07 § 2; Ord. 98-03 § 2; Ord. 94-05; prior code § 8-1-4]

9.05.050 Severability.

Should any section, paragraph, clause or provision of the offenses ordinance, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of the offenses ordinance. [Prior code § 8-1-5]

9.05.060 Repealer.

All ordinances or resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance or resolution, or part thereof, heretofore repealed. [Prior code § 8-1-6]

9.05.070 Time of taking effect.

The offenses ordinance shall be in full force and effect five days after its adoption, approval and publication as provided by law. [Prior code § 8‑1‑7]