Chapter 9.20
OFFENSES AGAINST PUBLIC DECENCY
Sections:
9.20.060 Permitting premises to be used for gambling.
9.20.090 Patronizing prostitutes.
9.20.100 Aiding illegal activity.
9.20.110 Possession of marijuana.
9.20.120 Possession of paraphernalia.
9.20.130 Glue – Aerosol spray – Abuse or possession for abuse.
9.20.010 Indecent exposure.
A. Indecent exposure consists of a person knowingly and intentionally exposing his/her primary genital area to public view.
B. As used in this section, “primary genital area” means the mons pubis, penis, testicles, mons veneris, vulva or vagina.
C. Whoever commits indecent exposure is guilty of a misdemeanor.
D. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted for committing indecent exposure to participate in and complete a program of professional counseling at his/her own expense. [Amended during 2014 codification; Ord. 241 § 4-1-1, 2007].
9.20.020 Indecent dancing.
Indecent dancing consists of a person knowingly and intentionally exposing his/her intimate parts to public view while dancing or performing in a licensed liquor establishment.
“Intimate parts” means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, “female breast” means the areola, and “exposing” does not include any act in which the intimate part is covered by any nontransparent material.
Whoever commits indecent dancing is guilty of a petty misdemeanor.
A liquor licensee, his/her transferee or their lessee or agent who allows indecent dancing on the licensed premises is guilty of a petty misdemeanor and his/her license may be suspended or revoked pursuant to the provisions of the Liquor Control Act (Section 60-3A-1 NMSA 1978). [Amended during 2014 codification; Ord. 241 § 4-1-2, 2007].
9.20.030 Indecent waitering.
Indecent waitering consists of a person knowingly and intentionally exposing his/her intimate parts to public view while serving beverage or food in a licensed liquor establishment.
“Intimate parts” means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, “female breast” means the areola and “exposing” does not include any act in which the intimate part is covered by any nontransparent material.
Whoever commits indecent waitering is guilty of a petty misdemeanor.
A liquor licensee or his/her lessee or agent who allows indecent waitering on the licensed premises is guilty of a petty misdemeanor and his/her license may be suspended or revoked pursuant to the provisions of the Liquor Control Act (Section 60-3A-1 NMSA 1978). [Amended during 2014 codification; Ord. 241 § 4-1-3, 2007].
9.20.040 Window peeping.
It is unlawful for any person to enter upon any private property and look, peer, or peep into or be found around or within the view of any window or other means of viewing into any occupied building, other than his/her own residence, with the intent of observing a person or person undressed, dressing or undressing or engaging in sexual acts.
Whoever is found guilty of this section is guilty of a petty misdemeanor. [Amended during 2014 codification; Ord. 241 § 4-1-4, 2007].
9.20.050 Gambling.
Gambling consists of:
A. Making a bet;
B. Entering or remaining in a gambling place with intent to make a bet, to participate in a lottery or to play a gambling device;
C. Conducting a lottery; or
D. Possessing facilities with intent to conduct a lottery.
Whoever commits gambling is guilty of a petty misdemeanor. [Ord. 241 § 4-1-5, 2007].
9.20.060 Permitting premises to be used for gambling.
Permitting premises to be used for gambling consists of:
A. Knowingly permitting any property owned or occupied by such person or under his/her control to be used as a gambling place; or
B. Knowingly permitting a gambling device to be set up for use for the purpose of gambling in a place under his/her control. Whoever commits permitting premises to be used for gambling is guilty of a petty misdemeanor. [Amended during 2014 codification; Ord. 241 § 4-1-6, 2007].
9.20.070 Permitted lottery.
A. Nothing in VCMC 9.20.050 and 9.20.060 shall be construed to apply to any sale or drawing of any prize at any fair held in this state for the benefit of any church, public library or religious society if such benefit shall be expended in this state for the benefit of such church, public library, religious society or charitable purposes. A lottery may be operated for the benefit of the organization or charitable purpose only when the entire proceeds of the lottery go into the organization for charitable purposes and no part of such proceeds goes to any individual member or employee thereof.
B. Nothing in this section shall be held to prohibit any motion picture theater from offering prizes of cash or merchandise for advertising purposes in connection with such business whether or not any consideration other than monetary in excess of the regular price of admission is exacted for participation in drawings for prizes.
C. Nothing in this section shall be construed to prohibit on-track pari-mutuel betting as authorized by Section 60-1-11 NMSA 1978. [Ord. 241 § 4-1-7, 2007].
9.20.080 Prostitution.
Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire.
As used in this section, “sexual act” means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or not there is any emission.
Whoever commits prostitution is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor. [Ord. 241 § 4-1-8, 2007].
9.20.090 Patronizing prostitutes.
Patronizing prostitutes consists of:
A. Entering or remaining in a house of prostitution or any other place where prostitution is practiced, encouraged or allowed with intent to engage in a sexual act with a prostitute; or
B. Knowingly hiring or offering to hire a prostitute, or one believed by the offeror to be a prostitute, to engage in a sexual act with the actor or another.
As used in this section, a “sexual act” means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another whether or not there is any emission.
Whoever commits patronizing prostitutes is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor. [Ord. 241 § 4-1-9, 2007].
9.20.100 Aiding illegal activity.
It is unlawful to be found in any place where gambling or prostitution is being conducted with knowledge of such activity or to give or attempt to give any signal intended to give warning of the approach of any police officer to any person in or about any place where any illegal activity is being conducted. [Ord. 241 § 4-1-10, 2007].
9.20.110 Possession of marijuana.
A. It is unlawful for any person intentionally to possess marijuana unless it was obtained pursuant to a valid prescription or order of practitioner while acting in the course of his/her professional practice or except as otherwise authorized by the Controlled Substance Act (Section 30-31-1 NMSA 1978).
B. Any person who violates this section with respect to:
1. One ounce or less of marijuana is, for the first offense, guilty of a petty misdemeanor and shall be punished by a fine of not less than $50.00 or more than $100.00 and by imprisonment for not more than 15 days; and
2. For the second and subsequent offenses, shall be referred to a court of higher jurisdiction.
C. “Marijuana” means all parts of the plant cannabis, including any and all varieties, species and subspecies of the genus Cannabis, whether growing or not, the seeds thereof and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. It does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.
D. “Practitioner” means a physician, doctor of oriental medicine, dentist, physician’s assistant, certified nurse practitioner, clinical nurse specialist, certified nurse/midwife, prescribing psychologist, veterinarian, pharmacist, pharmacist clinician or other person licensed or certified to prescribe and administer drugs that are subject to the Controlled Substances Act (Section 30-31-1 NMSA 1978). [Amended during 2014 codification; Ord. 241 § 4-1-11, 2007].
9.20.120 Possession of paraphernalia.
A. It is unlawful for a person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Controlled Substances Act (Section 30-31-1 NMSA 1978).
B. A person who violates this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50.00 nor more than $100.00 or by imprisonment for a definite term less than one year. [Ord. 241 § 4-1-12, 2007].
9.20.130 Glue – Aerosol spray – Abuse or possession for abuse.
A. No person shall intentionally smell, sniff or inhale the fumes or vapors from a glue, aerosol spray product or other chemical substance for the purpose of causing a condition of or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, stupefaction or dulling of the senses, or for the purpose of in any manner changing, distorting or disturbing the audio, visual or mental processes.
B. No person shall intentionally possess a glue, aerosol spray product or other chemical substance for any purpose set forth in subsection (A) of this section.
C. As used in this section, “glue” means what is commonly referred to as plastic or model airplane cement and includes any cement containing hexane, benzene, toluene, xylene, carbon tetrachloride, chloroform, ethylene dichloride, acetone, cyclohexanone, methyl ethyl ketone, methylisobutyl ketone, amyl acetate, butyl acetate, ethyl acetate, tricresyl phosphate, butyl alcohol, ethyl alcohol, isopropyl alcohol or methylcellosolve acetate.
D. The provisions of this section do not apply to any aerosol spray product or other chemical substance used for legitimate medicinal purposes and obtained either on a prescription basis or for medicinal purposes by a person over the age of 18.
E. Any person who violates any provision of this section is guilty of a misdemeanor. The sentence or fine may be waived in the discretion of the court in the case of any person who has not been previously convicted of violating this section and who has successfully completed a drug education or treatment program approved by the court. [Ord. 241 § 4-1-13, 2007].
9.20.140 Alcoholic beverages.
A. Sales.
1. It is unlawful for any person not a licensee of a liquor establishment to sell, serve or permit the consumption of alcoholic beverages in his/her public establishment or private club. Whoever violates this subsection is guilty of a misdemeanor.
2. It is unlawful for any person to consume alcoholic beverages in any public establishment unless the establishment is licensed to sell and serve alcoholic beverages. Whoever violates this subsection is guilty of a petty misdemeanor.
B. Consumption.
1. It is unlawful for any person to consume any alcoholic beverage while in or upon public streets, alleys, sidewalks, parking lots, or any other public ways and thoroughfares, unless it is in an area of a public celebration as permitted by subsection (C)(1) of this section. Whoever violates this subsection is guilty of a petty misdemeanor.
2. It is unlawful for any person to be in possession of any glass, can or open container containing alcoholic beverage on any public street, alley, sidewalk, parking lot, or any other public ways and thoroughfares, unless it is in an area of a public celebration as permitted by subsection (C)(1) of this section. Whoever violates this subsection is guilty of a petty misdemeanor.
C. Exceptions. It is unlawful for any person to sell, serve, or permit the consumption of alcoholic beverages, and it is unlawful for any person to consume or possess any alcoholic beverages in or on any public parks, streets, public parking lots or public areas, unless it is a public celebration and meets the following requirements:
1. “Public celebration” includes, but is not limited to, any state fair, county fair, community fair, community fiesta, cultural fair, cultural or artistic performance or professional athletic competition of a seasonal nature, any historical performance or pageant, or any public activity held on an intermittent basis.
2. Any person holding a dispenser’s license within the municipality may dispense alcoholic beverages at a public celebration upon receiving permission and a concession from the governing body of the municipality, and upon receiving a special dispenser’s permit from the director of the state Alcoholic Beverage Control Department. The permittee shall be subject to all state laws and regulations and all local laws and regulations regulating dispenser’s privileges and disabilities, and the permit shall be valid for no more than 12 hours.
3. The permittee shall not be required to suspend the dispensing of alcoholic beverages at the licensed premises solely because of the issuance of the special dispenser’s permit.
4. In addition to the state fee required for issuance of a special dispenser’s permit the permittee shall pay the municipality the amount of $25.00 per day for each day the permittee dispenses alcoholic beverages at the public celebration.
5. Whoever violates any portion of this subsection (C) is guilty of a petty misdemeanor. [Amended during 2014 codification; Ord. 241 § 4-1-14, 2007; Ord. 166 § 1 – 7, 1991].