Chapter 9.05
GENERAL PROVISIONS
Sections:
9.05.020 Definitions and rules of construction.
9.05.010 Title.
This title is called and may be cited as the criminal code ordinance on general offenses for the municipality of Cimarron. [Ord. 241 § 1-1-1, 2007].
9.05.020 Definitions and rules of construction.
In the construction of the criminal code ordinance, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section of this title or unless inconsistent with the manifest intent of this title:
“Accused” means any person charged with the violation of any ordinance of the municipality that imposes a penalty.
“Another” or “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.
“Anything of value” means any conceivable thing of the slightest value, tangible or intangible, movable or immovable, corporal or incorporal, public or private. The term is not necessarily synonymous with the traditional legal term “property.”
“Battery” means the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner.
“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.
“Carrying a deadly weapon” means 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.
“Defendant” means any person accused of a violation of any ordinance of the municipality that imposes a penalty.
“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.
“Governing body” means the city council or city commission of a city, or the board of trustees of a town or village.
“He” or “him” or “she” or “her” shall not be construed to be mandatory distinctions of gender if not expressly stipulated.
“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.
“Mayor” means the chief executive officer of municipalities having the mayor-council form of government.
“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 this title, “minor” means any person under 21 years of age.
“Municipality” means any incorporated city, town or village, whether incorporated under general act, special act or special charter.
“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.
“Person” means any human being or legal entity, whether incorporated or unincorporated.
“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.
“Prostitution” means knowingly engaging in or offering to engage in sexual intercourse for hire.
“Public employee” means any person receiving remuneration for regular services rendered to the state or any of its political subdivisions.
“Public ground” means any real property owned or leased by a municipality.
“Public officer” means any elected or appointed officer of the state or any of its political subdivisions, serving with or without remuneration for his/her services.
“Shall” is mandatory and “may” is permissive.
“Street” means any thoroughfare that can accommodate pedestrian or vehicular traffic, is open to the public and is under the control of the municipality. [Amended during 2014 codification; Ord. 241 § 1-1-2, 2007].
9.05.030 Amendments.
Any amendments to this title shall be adopted as ordinance 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 title so that reference to it, the criminal code ordinance on general offenses, shall be understood as including such amendments. [Ord. 241 § 1-1-3, 2007].
9.05.040 Penalty.
A. It shall be unlawful to commit any of the acts set forth in this title.
B. Any person who violates any provision of this title for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $500.00 or by imprisonment not exceeding 90 days or both unless a different specific penalty is provided. Each separate violation shall constitute a separate offense and, upon conviction, each day of violation shall constitute a separate offense.
C. Whoever unlawfully possesses one ounce or less of marijuana is guilty of violating VCMC 9.20.110, and shall be punished by a fine not less than $50.00 or not more than $100.00, or imprisonment not exceeding 15 days, for the first offense, and not more than $500.00 or imprisonment not exceeding 90 days for the second and subsequent offenses.
D. The court may sentence any corporation, club, organization or unincorporated association which has been convicted of a violation of this code to pay a fine authorized by said code.
E. A person who violates a provision of VCMC 9.40.060(A) is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine of not more than $500.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. [Ord. 241 § 1-1-4, 2007; Ord. 194 § 5, 1997; Ord. 34 § 3, 1916].
Statutory reference: Penalty for misdemeanor, see Section 3-17-1 NMSA 1978.