Chapter 131 OFFENSES AGAINST ORDER AND SAFETY

(A)(1) 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 person or property in the vicinity.

(2) Among the circumstances which may be considered in determining whether the 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.

(3) Unless flight by the actor or other circumstances 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.

(B) 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.

(’87 Code, § 10-2-4) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.05 DISTURBING THE PEACE.

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

(’87 Code, § 10-2-5) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.06 UNREASONABLE NOISE. Revised 2/24

(A) It is unlawful for any person to make, continue to make 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.

(B) Unlawful noises include but shall not be limited to the following:

(1) Horns and signal devices. The sounding of any horn or signaling device of any automobile, motorcycle, truck or other vehicle on any street, public place, public property, or public right-of-way except as a danger warning, the creation by means of any signaling devices of any unreasonable, loud or harsh sound, the sounding of the signaling device where traffic is held up. For purposes of this section, the definitions for the terms “public place,” “public property,” and “public-right-of-way” as set out in Section 91.02 R.O. 2003 shall apply.

(2) Radios and phonographs. The use or operation of any radio, phonograph or other sound producing machine in a manner as to disturb the peace and quiet of neighbors.

(3) Loudspeakers; 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, loudspeaker, 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.

(4) 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.

(5) 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 the institution or which disturbs or annoys patients in a hospital.

(6) Retarders, Jake brakes, engine brakes and other like devices.

(a) The sounding of any device or piece of equipment, including, but not limited to, a retarder, Jake brake and/or engine brake, which helps slow a motor vehicle’s rate of speed, except in an emergency situation where extra braking power is required to avert the danger of bodily harm to a person or damage to property when the emergency situation is not caused by the driver using the device.

(b) “Retarder, Jake brake and engine brake” mean any exhaust and/or engine device used as braking power to slow down a motor vehicle’s rate of speed. When activated, a retarder, Jake brake or engine brake creates noise through the motor vehicle’s exhaust system.

(’87 Code, § 10-2-6) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007; Am. Ord. 23-28) Penalty, see § 130.99

131.07 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;

(B) Engages in fighting, or in violent, threatening or tumultuous behavior;

(D) Addresses abusive language or threats to any person present which creates a clear and present danger of violence;

(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;

(F) Damages, befouls or disturbs public property or property of another so as to create a hazardous, unhealthy or physically offensive condition;

(G) Commits a trespass by entering or remaining, with or without malicious intent, on the property of another knowing that consent to enter or remain has been denied or withdrawn by the owner or occupant;

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

(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 the unlawful purposes; or

(J) Disturbs, threatens or in any insolent manner intentionally touches any house or vehicles occupied by any person.

(’87 Code, § 10-2-7) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.08 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 the unlawful purpose.

(NMSA § 30-20-3) (’87 Code, § 10-2-8) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.09 VAGRANCY.

Repealed by Ord. 19-06.

(’87 Code, § 10-2-9) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.10 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. Whoever commits public affray is guilty of a petty misdemeanor.

(NMSA § 30-20-2) (’87 Code, § 10-2-10) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.11 OBSTRUCTING MOVEMENT. Revised 2/24

It is unlawful to:

(A) Hinder, impede, interfere, or obstruct pedestrian, vehicular or other traffic passing or traveling along any street, sidewalk, crosswalk or other public right-of-way;

(B) To lie, sit, or stand around the entrance of any public property or public place in any manner so as to unreasonably obstruct the entrance thereof; or

(C) To place or erect upon any public right-of-way an obstruction of any type except temporary barriers or warning signs placed for the purpose of safeguarding the public against any hazard.

For purposes of this section, the definitions for the terms “public property,” “public place” and “public right-of-way” as set out in Section 91.02 R.O. 2003 shall apply.

(’87 Code, § 10-2-11) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007; Am. Ord. 23-28) Penalty, see § 130.99

131.12 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.

(’87 Code, § 10-2-12) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.13 FAILURE TO REPORT TREATMENT OF WOUNDS.

It is unlawful for any physician, surgeon or other practitioner of the healing arts licensed by the state to fail to immediately report to the Department of Public Safety his treatment of any person in the municipality for a wound inflicted by a deadly weapon of any kind.

(’87 Code, § 10-2-13) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.14 PROPULSION OF MISSILES.

Unlawful propulsion of missiles consists of shooting, slinging or throwing snowballs, stones, rocks, paint balls, pellets, BB shot, bullets, arrows, or any kind of missile, object or substance whatsoever in any manner as to be reasonably likely to cause injury to any person or property.

(’87 Code, § 10-2-14) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007; Am. Ord. 03-001) Penalty, see § 130.99

131.15 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.

(’87 Code, § 10-2-16) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.16 FALSE INFORMATION.

(A) It is unlawful for any person to maliciously make or file with the Department of Public Safety any false, misleading or unfounded report or statement concerning the commission or alleged commission of any crime.

(B) It is unlawful for any person to give false information concerning one’s true name or identity or disguising oneself with the intent to obstruct the due execution of a peace officer’s duties.

(’87 Code, § 10-2-17) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

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

(’87 Code, § 10-2-18) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.18 IMPERSONATING AN OFFICER.

It is unlawful for any person other than a duly commissioned 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 police officer or judge.

(’87 Code, § 10-2-19) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.19 ASSAULT UPON PEACE OFFICER.

Repealed by Ord. 20-13.

(NMSA § 30-22-21) (’87 Code, § 10-2-20) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.20 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,” “Department of Public Safety” 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 Department of Public Safety, provided that nothing contained herein shall apply to any state or county vehicle.

(’87 Code, § 10-2-21) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007) Penalty, see § 130.99

131.21 NEGLIGENT USE OF WEAPONS.

(A) Negligent use of a weapon consists of either:

(1) Discharging a weapon within the city limits without legal justification; or

(2) Carrying or having within one’s reach or immediate grasp, a deadly weapon while under the influence of an intoxicating liquor or other drug; or

(3) Endangering the safety of another or his property by handling or using a firearm or other deadly weapon in a negligent manner; or

(B) Exception for peace officers. The provisions set forth above 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.

(C) Exception for permitted target ranges. This provision shall not be construed to prohibit target firing on ranges meeting all applicable federal and state requirements and when conducted in a manner that secures the safety of the inhabitants of the city.

(Ord. 03-001)

131.22 UNLAWFUL POSSESSION, TRANSFER OR SALE OF WEAPONS.

Unlawful possession or transfer of certain weapons consists of possessing, selling, lending, giving away or purchasing any form of metallic knuckles, any form of bludgeon, or any knife which has a blade which opens automatically by hand pressure to a button, spring, or other device in the handle of the knife or which opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement.

(Ord. 03-001)

131.23 PROHIBITED PANHANDLING.

Repealed by Ord. 19-06.

(Ord. 11-16)