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 6/24

(A) Definitions as used in this section.

““A-weighted” sound pressure level” means the sound pressure level as measured on a sound-level meter using the A-weighting network. The unit of measurement is dB(A). Sounds measured with the “A” weighting network approximate the response of human hearing when measuring sounds of low to moderate intensity.

““C-weighted” sound pressure level” means the sound pressure level as measured on a sound-level meter using the C-weighting network. The unit of measurement is dB(C). The “C” weighting network is more sensitive to low frequencies than is the “A” weighting network.

“Daytime” means from 6:00 a.m. (0600 hours) to 9:00 p.m. (2100 hours) Sunday through Thursday, and 6:00 a.m. (0600 hours) to 10:00 p.m. (2200 hours) on Friday and Saturday.

“Decibel or dB” means a logarithmic and dimensionless unit of measure often used in the describing of amplitude of sound.

“Nighttime” means from 9:00 p.m. (2100 hours) to 6:00 a.m. (0600 hours) Sunday through Thursday, and 10:00 p.m. (2200 hours) to 6:00 a.m. (0600 hours) on Friday and Saturday.

“Persistently or continuously” means a 10-minute period during which any sound is discerned and that sound exceeds the applicable sound limits in each of the 10 one-minute intervals of such period.

“Person” means a person, firm, association, copartnership, joint venture, corporation, or any other entity, public or private in nature.

“Property line” means the official boundary of a parcel, lot, or tract of land as designated by either a metes and bounds description or subdivision plat filed in the records and maps with Sandoval or Bernalillo County.

“Source premises” means the premises that is emitting sound that is crossing one or more property lines.

“Unreasonable noise” means any sound that exceeds the applicable decibel level limits set forth in Table 1 or 2 in subsection (E) of this section for the applicable zoning designation and as measured from the source premises property line.

(B) It is unlawful for any person to emit from any source premises within the city extreme noise which causes material harm to the health and welfare of another.

(C) It is unlawful for any person to emit from any source premises within the city a persistently or continuously unreasonable noise during daytime or nighttime hours.

(D) No person shall operate or allow to be operated outdoors any power equipment, including, but not limited to, sweepers, power mowers, leaf/snow blowers, rototillers, power saws, or other equipment used to perform gardening, property repair or other functions during the hours of 8:00 p.m. to 7:00 a.m. At no time when operational shall the sound level caused by or emitted from any of such equipment/tools exceed 85 dB(A) at the source premises property line.

(E) Decibel level limits.

Table 1 (A-weighted measurements in decibels (dB))
Source Premises Zoning	Daytime	Nighttime
Residential Zoned Districts	55	50
Office District; Neighborhood Commercial District; Retail Commercial District; Business Park District; Special Use District; and Overlay and Special Purpose Zoning Districts	65	60
Wholesale and Warehousing Commercial District; Central Business District; Mixed Use Activity Center District; and Industrial and Business Park District	75	70

Table 2 (C-weighted measurements in decibels (dB))
Source Premises Zoning	Daytime	Nighttime
Residential Zoned Districts	60	55
Office District; Neighborhood Commercial District; Retail Commercial District; Business Park District; Special Use District; and Overlay and Special Purpose Zoning Districts	70	65
Wholesale and Warehousing Commercial District; Central Business District; Mixed Use Activity Center District; and Industrial and Business Park District	80	75

(F) Exceptions and exclusions. This section, and its requirements, shall not apply to:

(1) Aircraft and airports. The limits set forth in this section do not apply to sounds or vibrations generated by any aircraft or generated in connection with the operation of any airport or approved helipad used in support of law enforcement, public utility restoration, emergency medical transport, or search and rescue.

(2) Earthshaking vibrations. The limits set forth in this section do not apply to vibrations caused by construction, demolition or repair work.

(3) Construction, demolition, or repair work. The limits set forth in this section do not apply to sounds generated in construction, demolition or repair work of an emergency nature or in work on improvements authorized by any governmental body or agency.

(4) Entertainment/sporting events. The limits set forth in this section do not apply to those sounds emanating from authorized school bands, school athletic/entertainment events, or those sounds generated by a stadium, amphitheater, arena, or athletic field.

(5) Horns and signal devices. The limits set forth in this section do not apply to the sounding of any horn or signaling device of any automobile, motorcycle, truck, or other vehicle on any roadway when used as a danger warning, or by an authorized emergency vehicle when responding to an emergency call or acting in a time of emergency.

(6) Human voices. The limits set forth in this section do not apply to sound levels created by unamplified human voices.

(7) Fireworks displays. The limits set forth in this section do not apply to any public or private legally permitted fireworks displays. Chapter 92, Fireworks, remains in full force and effect.

(8) Mass transit. The limits set forth in this section do not apply to sounds or vibrations generated in the operation of any mass transit system.

(9) Parades and protests. The limits set forth in this section do not apply to legally permitted parades or to protests.

(10) Retarders, Jake brakes, engine brakes, and other like devices. The limits set forth in this section do not apply to 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, when used 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.

(11) Refuse/recycling collection. The limits set forth in this section do not apply to refuse collection activities.

(12) Total preemption. The limits set forth in this section do not apply to sounds otherwise governed by federal, state, or municipal laws or regulations.

(13) Any activity conducted pursuant to an approved temporary variance for amplified or construction sound in accordance with Section 154.84.

(’87 Code, § 10-2-6) (Ord. 81-16; Am. Ord. 84-119; Am. Ord. 85-124; Am. Ord. 96-007; Am. Ord. 23-28; Am. Ord. 24-04) 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.

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)