CHAPTER 130
GENERAL PROVISIONS Revised 2/24
Section
130.02 Definitions; rules of construction Revised 2/24
130.06 Interference with investigations by the governing body
130.07 Aiding illegal activity
130.08 Arrest without warrant; liability
130.01 TITLE.
This title is called and may be cited as the “Criminal Code for General Offenses.”
(’87 Code, § 10-1-1) (Ord. 81-16)
130.02 DEFINITIONS; RULES OF CONSTRUCTION. Revised 2/24
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ACCUSED. Any person charged with the violation of any ordinance of the municipality that imposes a penalty. (NMSA § 31-1-2)
ANOTHER or OTHER. Any other human being or legal entity, whether incorporated or unincorporated, including the United States, the state or any subdivision thereof. (NMSA § 30-1-12)
ANYTHING OF VALUE. Any conceivable thing of the slightest value, tangible or intangible, moveable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term “property.” (NMSA § 30-1-12)
BATTERY. The unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner. (NMSA § 30-3-4)
BET. 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 the 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 definition, “consideration” means anything of pecuniary value required to be paid to the promoter in order to participate in the enterprise; or
(4) Betting otherwise permitted by law.
(NMSA § 30-19-1)
CARRYING A DEADLY WEAPON. 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. (NMSA § 30-7-1)
CONTROLLED SUBSTANCE. A drug, substance or immediate precursor listed in NMSA §§ 30-31-6 through 30-31-10 of the Controlled Substance Act or regulations adopted thereto.
DEADLY WEAPON. Means any firearm, whether loaded or unloaded; or any weapon 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, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted.
DEFENDANT. Any person accused of a violation of any ordinance or code provision that imposes a penalty. (NMSA § 31-1-2)
DISORDERLY CONDUCT. 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. (NMSA § 30-20-1)
DRUG PARAPHERNALIA. All equipment, products and materials of any kind which are used or 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 or controlled substance analog. It 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 controlled substance analog 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 or controlled substance analogs;
(3) Isomerization devised, used or intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance or controlled substance analog;
(4) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances or controlled substance analogs;
(5) Scales or balance used, intended for use or designed for use in weighing or measuring controlled substances or controlled substance analogs;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite dextrous and lactose used, intended for use or designed for use in cutting controlled substances or controlled substance analogs;
(7) Separation gins 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 compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or controlled substance analogs;
(10) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or controlled substance analogs;
(11) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances or controlled substance analogs 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, such as:
(a) Metal, wooden, 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 to hold in the hands);
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chilams;
(l) Bongs; or
(m) Ice pipes or chillers.
(13) 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:
(a) Statements by the owner or by anyone in control of the object concerning its use;
(b) The proximity of the object to controlled substances or controlled substance analogs;
(c) The existence of any residue of controlled substances or controlled substance analogs on the objects;
(d) Instructions, written or oral, provided with the objects concerning its use;
(e) Descriptive materials accompanying the object which explain or depicts its use;
(f) The manner in which the object is displayed for sale;
(g) The existence and scope of legal uses for the object in the community; and
(h) Expert testimony concerning its use.
(NMSA § 30-31-2)
HE, HIM, SHE or HER. Not be construed to be mandatory distinctions of gender if not expressly stipulated.
LAWFUL CUSTODY OR CONFINEMENT. 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. (NMSA § 30-1-12)
MINOR. 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 this title, MINOR means any person under 21 years of age.
MUNICIPALITY. The City of Rio Rancho.
OFFICIAL PROCEEDING. 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. (NMSA § 30-1-12)
PERSON. Any human being or legal entity, whether incorporated or unincorporated.
POLICE OFFICER, LAW ENFORCEMENT OFFICER, PEACE OFFICER or OFFICER. 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.
PROSTITUTION. Knowingly engaging in or offering to engage in a sexual act for hire. (NMSA § 30-9-2)
PUBLIC EMPLOYEE. Any person receiving remuneration for regular services rendered to the state or any of its political subdivisions. (NMSA § 30-1-12)
PUBLIC OFFICER. Any elected or appointed officer of the state or any of its political subdivisions, serving with or without remuneration for his services. (NMSA § 30-1-12)
STREET. Any thoroughfare that can accommodate pedestrian or vehicular traffic, is open to the public and is under the control of the municipality. (NMSA § 3-1-2)
TRESPASS.
(1) Entering upon, or refusing to leave, any residential property of another, either where the 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 the entry, or continued presence, is prohibited.
(2) Entering upon, or refusing to leave, any public property or public place, as defined in Section 91.02 R.O., 2003, in violation of regulations or outside of hours of operation as promulgated by the official charged with the security, care or maintenance of the property and approved by the City Manager of the public agency owning property, where the regulations have been conspicuously posted or where immediately prior to entry, or subsequent thereto, the regulations or hours of operation are made known by the official charged with the security, care or maintenance of the property, designee, or a police officer.
VOLATILE SOLVENT. The following types of chemical compounds, but not limited to:
(1) Hydrocarbons, including, but not limited to, petroleum distillates and aromatic hydrocarbons;
(2) Oxygenated organic compounds, including, but not limited to, ketones, esters and ethers;
(3) Halogenated hydrocarbons; and
(4) Nitrous oxides.
(’87 Code, § 10-1-2) (Ord. 81-16; Am. Ord. 03-001; Am. Ord. 23-28)
130.03 RESTITUTION.
Notwithstanding any of the foregoing, in the event any person damages property, whether public or private, or causes injury to any person, and the damage or injury is found to have been an element of the violation of any provision of this chapter, the Municipal Court may, in its discretion, suspend any or all fines or incarceration which may have been assessed upon the condition that the defendant make restitution within a reasonable time to the victim of the damage or injury.
(’87 Code, § 10-1-4) (Ord. 81-16)
130.04 (RESERVED).
130.05 POLITICAL ACTIVITY.
Any person or entity who violates the provisions of Article VIII, § 8.03, of the City Charter has committed a misdemeanor and, upon conviction, shall be sentenced in accordance with 130.99.
(’87 Code, § 10-7-2) (Ord. 81-16; Am. Ord. 94-015)
130.06 INTERFERENCE WITH INVESTIGATIONS BY THE GOVERNING BODY.
Any person or entity who fails or refuses to obey a lawful order, subpoena or requirement of the governing body to produce testimony or evidence or both when the governing body is carrying on its duties under §§ 2.07 and 2.08 of the City Charter has committed a misdemeanor and, upon conviction, shall be fined in accordance with § 130.99.
(’87 Code, § 10-7-3) (Ord. 81-16; Am. Ord. 94-015)
130.07 AIDING ILLEGAL ACTIVITY.
It is unlawful to be found in any place where gambling or prostitution is being conducted with knowledge of the activity or to give or attempt to give any signal intended to give warnings of the approach of any police officer to any person in or about any place where any illegal activity is being conducted.
(’87 Code, § 10-4-4) (Ord. 81-16) Penalty, see § 130.99
130.08 ARREST WITHOUT WARRANT; LIABILITY.
(A)(1) Notwithstanding the provisions of any other ordinance to the contrary, a police officer may arrest a person and take that person into custody without a warrant when the officer is at the scene of a domestic disturbance and has probable cause to believe that the person has committed an assault or a battery upon a household member.
(2) As used in this section, “household members” means a spouse, former spouse, family member, including a relative, parent, present or former step-parent, present or former in-law, child or co-parent of a child or a person with whom the victim has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section.
(B) No police officer shall be held criminally or civilly liable for making an arrest pursuant to this section, provided he acts in good faith and without malice, all pursuant to state statute.
(C) Whether or not an arrest is made pursuant to this section, a police officer may remain with the victim and assist the victim in getting to a shelter or in receiving proper medical attention.
(NMSA § 31-1-7) (’87 Code, § 10-2-23) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007)
130.99 PENALTY.
Any person violating any provision of this title for which no specific penalty is prescribed shall be subject to § 10.99.