Chapter 9.10 PUBLIC ORDER AND SAFETY

It is unlawful for any person to commit 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, impugn his honor, delicacy or reputation. [Prior code § 8-2-1]

9.10.020 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. [Prior code § 8-2-2]

9.10.030 Aggravated battery.

It is unlawful for any person to commit aggravated battery upon the person of another, nor shall any person unlawfully touch or apply force to the person of another with intent to injure that person or another, or inflict an injury to the person which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body. [Prior code § 8-2-3]

9.10.040 Trespass.

It is unlawful to enter or remain, with malicious intent, on the property of another knowing that consent to enter or remain has been denied or withdrawn by the owner or occupant thereof. [Prior code § 8-2-4]

9.10.050 Prowling.

It is unlawful for any person to loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstance makes it impracticable, a peace officer shall prior to any arrest for an offense under this section afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm. [Prior code § 8-2-5]

9.10.060 Disturbing the peace.

A. It is unlawful for any person to disturb or aid in disturbing the peace of others by violent, tumultuous, offensive, or obstreperous conduct, and no person shall knowingly permit such conduct upon any property owned by him or under his control or supervision.

B. Public Affray. It is unlawful for any person to commit 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 angry or quarrelsome manner in any public place, to the disturbance of others. [Prior code § 8-2-6]

9.10.070 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 of any automobile, 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 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, 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 attracting 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, Hospitals. The creating of any excessive noise on any street adjacent to any hospital, school, institution of learning, church or court which interferes with the workings of such institution, or which disturbs or annoys patients in a hospital.

G. Pounding. The pounding or hammering on any metal object or thing except inside a building or in connection with the construction or erection of a building. [Prior code § 8-2-7]

9.10.080 Disorderly conduct.

Disorderly conduct is unlawful. A person is guilty of disorderly conduct if he or she:

A. Creates a disturbance of the public order by an act of violence or by any act likely to produce violence; or

B. Engages in fighting, or in violent, threatening or tumultuous behavior; or

C. Makes any unreasonably loud noise; or

D. Addresses abusive language or threats to any person present which creates a clear and present danger 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 committing acts of disorderly conduct in the immediate vicinity; or

F. Damages, befouls or disturbs public property or 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” for the purpose of this chapter shall mean:

1. Entering upon, or refusing to leave, any residential property of another, either where such property has been posted with “No Trespassing” signs, or where immediately prior to entry, or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry, or continued presence, is prohibited.

2. Entering upon, or refusing to leave, any public property in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property, where such regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, such regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer.

H. Makes a telephone call with intent to annoy another, whether or not conversation ensues; or

I. 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

J. Disturbs, threatens, or in any insolent manner intentionally touches any house or vehicle occupied by any person. [Prior code § 8-2-8]

9.10.090 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 and to make any overt act to carry out such unlawful purpose. [Prior code § 8-2-9]

9.10.100 Vagrancy.

The following acts comprise the crime of vagrancy and their commission is unlawful:

A. Waiting or remaining within a public, private or parochial school building or upon school grounds, not having any reason or relationship involving custody of or responsibility for a student, without the written permission of a school official, or in violation of posted rules or regulations.

B. 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 of the owner or person entitled to possession thereof or sleeping in any vacant lot.

C. Begging from door to door to private houses or commercial business establishments or placing oneself in or upon any public way or public place to beg. [Prior code § 8-2-10]

9.10.110 Obstructing movement.

It is unlawful to hinder, annoy or molest persons passing along any street, sidewalk, crosswalk or other public way, or to lie, sit or stand around the entrance of any church, theater, public building, or other place of public assemblage in any manner so as to unreasonably obstruct such entrance or to place or erect upon any public way an obstruction of any type except temporary barriers or warning signs placed for the purpose of safeguarding the public against any hazard. [Prior code § 8-2-11]

9.10.120 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 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 with immediate subsequent replacement shall not be considered unlawful. [Prior code § 8-2-12]

9.10.130 Deadly weapons.

A. Definition. In this section, “deadly weapon” means any firearm, whether loaded or unloaded, or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including swordcanes, and any kind of sharp-pointed canes, also slingshots, slungshots and bludgeons, or any other weapons with which dangerous wounds can be inflicted.

B. Exception for Peace Officers. The provisions this section shall not be construed to forbid peace officers from carrying, wearing or discharging such weapons as shall be necessary in the proper discharge of their duties and as shall be in accordance with the standard operating procedures of the Mesilla marshal’s department.

C. Unlawful Carrying of a Deadly Weapon. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

1. In the person’s residence or on real property belonging to him, as owner, lessee, tenant or licensee;

2. In a private automobile or other private means of conveyance, for lawful protection of the person’s or another’s person or property, while traveling.

D. Unlawful Discharge of Weapons and Firearms. It shall be unlawful:

1. For any person to fire or discharge any gun, pistol, rifle or other firearm of any description within 150 yards of an inhabited dwelling or building without the permission of the owner or lessees thereof;

2. For any person to discharge any air rifle, air pistol or BB gun within 150 yards of an inhabited dwelling or building without the permission of the owner or lessees thereof.

E. Prohibited Use of Weapons and Firearms. It shall be unlawful:

1. For any person to carry a firearm while under the influence of an intoxicant or narcotic;

2. For any person to endanger the safety or security of another person or his property by handling or using a firearm or other deadly weapon in a negligent manner.

F. Prohibited Weapons. It is unlawful to manufacture, cause to be manufactured, possess, display, offer, sell, or lend 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 position by the force of gravity or by any outward or centrifugal thrust or movement.

G. Sales to Minors. It is unlawful to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air gun or BB 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. Disposition of Seized Weapons. Every police officer upon making an arrest and taking a weapon used in the violation of any section of this 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 3-55-2 NMSA 1978. [Ord. 94-02 § 1; prior code § 8-2-13]

9.10.140 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 municipal police department his treatment of any person in the municipality for a wound inflicted by a deadly weapon of any kind. [Prior code § 8-2-14]

9.10.150 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. [Prior code § 8-2-15]

9.10.160 Possession of burglary tools.

It is unlawful to possess any lock pick, skeleton key or key to be used with a bit or bits, jimmy, sledge hammer, pry bar, cold chisel, dynamite, nitroglycerine, blasting caps, or any other burglary instrument or instruments commonly used by burglars unless such possession is for a lawful purpose. [Prior code § 8-2-16]

9.10.170 Fireworks.

A. Definitions.

1. In this section, “permissible fireworks” or “consumer fireworks” for possession, use or sale shall mean fireworks legal for sale and use in the state of New Mexico under the provisions of Section 60-2C-1 NMSA 1978, the Fireworks Licensing and Safety Act, by the general public that comply with the latest construction, performance, composition and labeling requirements established by the United States Consumer Product Safety Commission and the United States Department of Transportation, as amended, with the exceptions of all sizes of stick rockets, helicopter, aerial spinner, missile-type rocket, and chasers.

2. “Aerial shell” means a cylindrical or spherical cartridge containing a lift charge, burst charge and effect composition. Upon firing from a reloadable tube, the lift charge is consumed and the cartridge is expelled into the air.

3. “Aerial shell kit – reloadable tube” means a package or kit containing a cardboard, high-density polyethylene or equivalent launching tube and not more than 12 small aerial shells. Each aerial shell is limited to a maximum of 60 grams of total chemical composition, including lift charges, and the maximum diameter of each shell shall not exceed one and three-fourths inches.

4. “Bosque” means a cottonwood corridor adjacent to a river.

5. “Chaser” means a paper or cardboard tube venting out the fuse end of the tube that contains no more than 20 grams of chemical composition and travels along the ground, often producing a whistling effect or other noise; an explosive composition not to exceed 50 milligrams may be included to produce a report.

6. “Chemical composition” includes all pyrotechnic and explosive composition contained in a fireworks device, but does not include inert materials such as clay used for plugs or organic matter such as rice hulls used for density control.

7. “Cone fountain” means a cardboard or heavy paper cone containing no more than 50 grams of pyrotechnic composition that has the same effect as a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.

8. “Crackling device” means a sphere or paper tube that contains no more than 20 grams of pyrotechnic composition that produces a flash of light and a mild, audible crackling effect upon ignition, which effect is not considered to be an explosion. Crackling devices are not subject to the 50-milligram limit of firecrackers.

9. “Cylindrical fountain” means a cylindrical tube containing not more than 75 grams of pyrotechnic composition that produces a shower of colored sparks and sometimes a whistling effect or smoke. The device may be provided with a spike for insertion into the ground or a wood or plastic base for placing on the ground or a wood or cardboard handle to be hand held. When more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.

10. “Display distributor” means a person, firm or corporation selling display fireworks.

11. “Display fireworks” means devices primarily intended for commercial displays that are designed to produce visible or audible effects by combustion, deflagration or detonation, including salutes containing more than 130 milligrams of explosive composition; aerial shells containing more than 40 grams of chemical composition exclusive of lift charge; and other exhibition display items that exceed the limits for permissible fireworks.

12. “Distributor” means a person, firm or corporation selling fireworks to wholesalers and retailers for resale.

13. “Explosive composition” means a chemical compound or mixture, the primary purpose of which is to function by explosion, producing an audible effect in a fireworks device.

14. “Firecracker” means a small, paper-wrapped or cardboard tube containing no more than 50 milligrams of explosive composition that produces noise and a flash of light; provided, that firecrackers used in aerial devices may contain up to 130 milligrams of explosive composition per report.

15. “Fireworks” means devices intended to produce a visible or audible effect by combustion, deflagration or detonation and are categorized as “permissible fireworks” or “display fireworks,” but does not include novelties or theatrical pyrotechnics articles.

16. “Flitter sparkler” means a narrow paper tube attached to a stick or wire and filled with no more than five grams of pyrotechnic composition that produces color and sparks upon ignition and the paper at one end of the tube is ignited to make the device function.

17. “Ground spinner” means a small, rapidly spinning device containing no more than 20 grams of pyrotechnic composition venting out an orifice usually on the side of the tube that when ignited produces a shower of sparks and color. “Ground spinner” is similar in operation to a wheel, but is intended to be placed flat on the ground and ignited.

18. “Helicopter” or “aerial spinner” means a tube containing no more than 20 grams of chemical composition with a propeller or blade attached that spins rapidly as it rises into the air with a visible or audible effect sometimes produced at or near the height of flight.

19. “Illuminating torch” means a cylindrical tube containing no more than 100 grams of pyrotechnic composition that produces a colored flame upon ignition and may be spiked, based or hand held. When more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.

20. “Manufacturer” means a person, firm or corporation engaged in the manufacture of fireworks.

21. “Mine” or “shell” means a heavy cardboard or paper tube usually attached to a wooden or plastic base and containing no more than 60 grams of total chemical composition, including lift charges, per tube that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect, or other devices propelled into the air, and that contains components producing reports containing a maximum 130 milligrams of explosive composition per report. A mine may contain more than one tube, but the tubes must fire in sequence upon ignition of one external fuse, must be a dense-packed collection of mine or shell tubes and the total chemical composition, including lift charges, shall not exceed 200 grams.

22. “Missile-type rocket” means a device similar to a stick-type rocket in size, composition and effect that uses fins rather than a stick for guidance and stability and that contains no more than 20 grams of chemical composition.

23. “Multiple tube device” means a device that contains more than one cardboard tube and the ignition of one external fuse that causes all of the tubes to function in sequence. The tubes are individually attached to a wood or plastic base or are dense-packed and are held together by glue, wire, string or other means that securely hold the tubes together during operation. A maximum total weight of 500 grams of pyrotechnic composition shall be permitted; provided, that the tubes are securely attached to a wood or plastic base and are separated from each other on the base by a distance of at least one-half inch. The connecting fuses on multiple tube devices shall be fused in sequence so that the tubes fire sequentially rather than all at once.

24. “Novelties” means devices containing small amounts of pyrotechnic or explosive composition that produce limited visible or audible effects, including party poppers, snappers, toy smoke devices, snakes, glowworms, sparklers or toy caps, and devices intended to produce unique visual or audible effects that contain 16 milligrams or less of explosive composition and limited amounts of other pyrotechnic composition, including cigarette loads, trick matches, explosive auto alarms and other trick noisemakers.

25. “Pyrotechnic composition” means a chemical mixture that on burning and without explosion produces visible or brilliant displays or bright lights or whistles or motion.

26. “Retailer” means a person, firm or corporation purchasing fireworks for resale to consumers.

27. “Roman candle” means a heavy paper or cardboard tube containing no more than 20 grams of chemical composition that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect.

28. “Specialty retailer” means a person, firm or corporation purchasing permissible fireworks for year-round resale in permanent retail stores whose primary business is tourism.

29. “Stick-type rocket” means a cylindrical tube containing no more than 20 grams of chemical composition, with a wooden stick attached for guidance and stability, that rises into the air upon ignition and produces a burst of color or sound at or near the height of flight.

30. “Theatrical pyrotechnics article” means a pyrotechnic device for professional use in the entertainment industry similar to permissible fireworks or consumer fireworks in chemical composition and construction but not intended and labeled for consumer use.

31. “Toy smoke device” means a small plastic or paper item containing no more than 100 grams of pyrotechnic composition that produces white or colored smoke as the primary effect.

32. “Wheel” means a pyrotechnic device that is made to attach to a post or other surface and that revolves, producing a shower of color and sparks and sometimes a whistling effect, and that may have one or more drivers, each of which contains no more than 60 grams of pyrotechnic composition and the total wheel contains no more than 200 grams total pyrotechnic composition.

33. “Wholesaler” means a person, firm or corporation purchasing fireworks for resale to retailers.

B. Administration.

1. For the purpose of regulating fireworks within the town of Mesilla, the provision of the state Fireworks Licensing and Safety Act NMSA 1978 Section 60-2C-7 as amended shall apply except as indicated in this section.

2. No person may sell, hold for sale, import, distribute or offer for sale, as manufacturer, distributor, wholesaler or retailer, any fireworks in the town of Mesilla unless such person has first obtained the appropriate license or permit from the Office of the State Fire Marshal and the appropriate business registration or permits from the town of Mesilla.

3. No more than one fireworks stand shall be allowed within 1,500 feet of another fireworks stand. Permanent retail outlets are exempt from this requirement.

4. Permissible fireworks may be sold at retail between June 20th and July 6th of each year and six days preceding and including New Year’s Day and three days preceding and including Chinese New Year, the Sixteenth of September and Cinco de Mayo of each year, except that permissible fireworks may be sold all year in permanent retail stores whose primary business is tourism.

5. Prohibited fireworks are all stick-type rockets, helicopter, aerial spinner, missile-type rocket, and chasers as outlined in NMSA 60-2C-7 (A)(2)(b)(c)(i) and (A)(3)(a).

6. The possession, sale and use of all aerial and ground audible devices is hereby prohibited at all times except during the approved sales periods in which retail sales are allowed in subsection (B)(3) of this section.

7. All temporary fireworks sales stands, temporary structures, and tents used solely as firework sales locations shall not be set up more than one week prior to the approved sales period and shall be dismantled or removed from the location within one week after the approved sales period.

8. Aerial shell, aerial shell kit – reloadable tube, mines, multiple tube devices, Roman candles, and shells shall only be discharged during the approved sales periods in which retail sales are allowed in subsection (B)(4) of this section and shall be discharged only between the hours of 10:00 a.m. and 9:00 p.m., with the exception that they may be discharged until 11:00 p.m. on July 4th and 12:30 a.m. on January 1st of each year.

9. The discharge of fireworks on town of Mesilla roads and rights-of-way is hereby prohibited.

C. Manufacture. The manufacture of fireworks is prohibited within the town limits of the town of Mesilla.

D. Penalty. Violations of this section shall be punishable by a fine of not more than $500.00 or imprisonment for not more than 90 days or by both such fine and imprisonment.

E. Public Display. Except as defined in Section 60-2C-8.1 NMSA 1978 regarding extreme or severe drought conditions, this chapter shall not prohibit a person, partnership, corporation, association, or government entity from at any time sponsoring and conducting an officially supervised and controlled fireworks display. A permit for the display shall be obtained from the town of Mesilla. The display fireworks shall be purchased from a distributor or display distributor licensed by the State Fire Marshal and the Bureau of Alcohol, Tobacco and Firearms at the United States Department of the Treasury. The town of Mesilla’s fire chief has the authority to approve permits for the public display of display fireworks. A $100.00 permit fee shall be assessed for each public display.

F. All fireworks retailers shall issue each purchaser a dated possession permit noting the quantity and type (according to the categories in subsection (B)(8) of this section) of fireworks purchased, and the name and address of the purchaser, in a form to be approved by the Mesilla fire department. All fireworks retailers shall make the log available for inspection by any representative of the Mesilla fire department, marshal’s department or other law enforcement agency upon demand.

G. For each possession permit issued to a purchaser, the fireworks retailer shall collect from the purchaser a fee as outlined herein for the benefit of the town of Mesilla. Fireworks retailers shall pay all funds collected for issuing possession permits to the town of Mesilla town clerk at regular intervals as specified by the town clerk in writing from time to time.


Amount Purchased	Fee
less than $50.00	$2.00
$51.00 to $100.00	$5.00
$101.00 to $250.00	$7.00
$251.00 to $500.00	$10.00
greater than $500.00	$20.00

H. A possession permit shall authorize the purchaser named thereon to have possession of the fireworks in the town of Mesilla for the purpose of transporting the fireworks, and shall be valid for a period of 15 days after issuance. A possession permit does not authorize the named purchaser to possess or use the fireworks outside the town of Mesilla, or to sell or to give the fireworks to any other individual or entity, nor does a possession permit authorize possession or use of fireworks in any other jurisdiction. [Ord. 2009-01 §§ 1, 2; Ord. 98-01 § 2; prior code § 8-2-17]

9.10.180 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 functioning of an alarm system, or to aid or abet the commission of such an act. [Prior code § 8-2-18]

9.10.190 False reports.

It is unlawful for any person to maliciously make or file with the police department any false, misleading or unfounded report or statement concerning the commission or alleged commission of any crime. [Prior code § 8-2-19]

9.10.200 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, emergency medical personnel or judge while in the discharge of his duty.

A. Resisting, Evading or Obstructing an Officer. It is unlawful for any person to resist, evade or obstruct an officer. Resisting, evading or obstructing an officer consists of:

1. Knowingly obstructing, resisting or opposing any officer of this state or any other duly authorized person serving or attempting to serve or execute any process or any rule or order of any of the courts of this state or any other judicial writ or process;

2. Intentionally fleeing, attempting to evade or evading an officer of this state when the person committing the act of fleeing, attempting to evade or evasion has knowledge that the officer is attempting to apprehend or arrest him;

3. Willfully refusing to bring a vehicle to a stop when given a visual or audible signal to stop, whether by hand, voice, emergency light, flashing light, siren or other signal, by a uniformed officer in an appropriately marked police vehicle; or

4. Resisting or abusing any judge, magistrate or peace officer in the lawful discharge of his duties. [Prior code § 8-2-20]

9.10.210 Impersonating an officer.

It is unlawful for any person 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 of regular business and with the permission of the municipality, or, without authority, to exercise or attempt to exercise the functions of, or pretend to be, a peace officer or judge. [Prior code § 8-2-21]

9.10.220 Assault upon peace officer.

It is unlawful for any person to commit assault upon a peace officer. Assault upon a peace officer consists of:

A. An attempt to commit a battery upon the person of a peace officer while he is in the lawful discharge of his duties; or

B. Any unlawful act, threat or menacing conduct which causes a peace officer while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery. [Prior code § 8-2-22]

9.10.230 Unauthorized use of certain words and insignia.

It is unlawful to display on any vehicle or sign, without authority of the municipality, the words “police,” “police department,” “fire department,” or words or insignia of similar import, whose design or form is such that it appears to be an official vehicle or sign of the fire or police department of the municipality; provided, that nothing contained herein shall apply to any state or county vehicle. [Prior code § 8-2-23]

9.10.240 Escape of prisoners.

A. Escape from Jail or Custody. It is unlawful for any person, while a prisoner of the municipality or otherwise in the custody of or confined by the municipality, 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 municipality to escape from jail, place of confinement or custody. [Prior code § 8-2-24]

9.10.250 Concealing identity.

It is unlawful for any person to conceal his true name or identity or to disguise himself with intent to obstruct the due execution of the law or with 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 of the United States or of this state. [Prior code § 8-2-25]

9.10.260 Parties to unlawful acts.

Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared herein to be unlawful, whether individually or in connection with one or more other persons or as a principal, agent or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of the offenses ordinance of the municipal code of the town of Mesilla, New Mexico, is likewise guilty of such offense. [Ord. 94-02 § 2; prior code § 8-2-26]

9.10.270 Curfew.

It shall be unlawful for any person under the age of 18 years to loiter, 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, that this section 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 errand or legitimate business directed by persons have the care or custody of him. [Ord. 94-02 § 2; prior code § 8-2-27]

9.10.280 Drug paraphernalia – Definition.

A. The term “drug paraphernalia” means all equipment, products, utensils, mechanisms and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance as defined in the Controlled Substances Act (Sections 30-31-1 through 30-31-40 NMSA 1978, as the same now exists or as the same may be from time to time amended hereafter). Said term includes, but is not limited to:

1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;

2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

4. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

5. Scales, balances and measuring devices used, intended for use, or designed for use in weighing or measuring controlled substances;

6. Diluents, compounds and adulterants, such as quinine hydrochloride, mannitol, mannire, dextrose and lactose, used, intended for use, or designed for use in cutting or diluting controlled substances;

7. Separation gins, sieves, screens and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;

8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in manufacturing, mixing or compounding controlled substances;

9. Capsules, balloons, envelopes, packaging materials, and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;

10. Containers and other objects used, intended for use or designed for use in storing, packaging or concealing controlled substances;

11. Hypodermic syringes, needles and other objects used, intended for use or designed for use in injecting controlled substances into the human body;

12. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, including but not limited to:

a. Metal, wood, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

b. Water pipes;

c. Carburetion tubes and devices;

d. Smoking and carburetion masks;

e. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

f. Miniature cocaine spoons and cocaine vials;

g. Chamber pipes;

h. Carburetor pipes;

i. Electric pipes;

j. Air-driven pipes;

k. Chillums;

l. Bongs;

m. Ice pipes or chillers.

B. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use;

2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

3. The proximity of the object, in time and space, to a direct violation of this Act;

4. The proximity of the object to controlled substances;

5. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows or should reasonably know intend to use the object to facilitate a violation of this Act. The innocence of an owner, or of anyone in control of the object as to a direct violation of this Act, should not prevent a finding that the object is intended for use as drug paraphernalia;

6. Instructions, oral or written, provided with the object concerning its use;

7. Descriptive materials accompanying the object which explain or depict its use;

8. National and local advertising concerning its use;

9. The manner in which the object is displayed for sale;

10. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

11. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

12. The existence and scope of legitimate uses for the object in the community;

13. Expert testimony concerning its use. [Ord. 2007-08 § 1]

9.10.290 Possession of drug paraphernalia.

It is unlawful for any person to use, or to possess with intent to use or sell, drug paraphernalia used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal controlled substances, or to inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this Act. Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than 90 days, fined not more than $300.00 or both. [Ord. 2007-08 § 2]

9.10.300 Manufacture or delivery of drug paraphernalia.

It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this Act. Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than 90 days, fined not more than $300.00 or both. [Ord. 2007-08 § 3]

9.10.310 Advertisement of drug paraphernalia.

It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than 90 days, fined not more than $300.00 or both. [Ord. 2007-08 § 4]

9.10.320 Forfeiture.

A. Any drug paraphernalia which is possessed, manufactured, delivered or advertised in violation of MTC 9.10.280 through this section is subject to forfeiture and disposal.

B. Property subject to forfeiture and disposal under MTC 9.10.280 through this section may be seized by any law enforcement officer upon an order issued by the municipal court.

C. Seizure without order of court may be made if:

1. The seizure is made incident to an arrest or search under a search warrant;

2. The law enforcement officer has reason to believe that the drug paraphernalia is directly or indirectly dangerous to health or safety; or

3. The law enforcement officer has probable cause to believe that the drug paraphernalia was possessed, manufactured, delivered or advertised in violation of MTC 9.10.280 through this section.

D. Property forfeited under MTC 9.10.280 through this section shall be:

1. Destroyed; or

2. Used by law enforcement agencies in the enforcement of MTC 9.10.280 through this section or in the enforcement of the Controlled Substances Act (Sections 30-31-1 through 30-31-40 NMSA 1978). [Ord. 2007-08 § 5]