CHAPTER 132
OFFENSES AGAINST PROPERTY Revised 2/24
Section
132.01 Destroying or injuring property
132.03 Scattering trash and rubbish Revised 2/24
132.04 Petty larceny, conversion, embezzlement, fraud
132.05 Receiving stolen property
132.07 Issuing worthless checks
132.08 Falsely obtaining services or accommodations
132.09 Unlawful removal of effects
132.10 Wrongful use of public property or public place Revised 2/24
132.11 Removal of earth Revised 2/24
132.12 Wrongful use of public water conveyance system Revised 2/24
132.01 DESTROYING OR INJURING PROPERTY.
It is unlawful for any person to willfully, maliciously or wantonly destroy, injure, remove, tamper with or deface real property or improvements thereto or personal property of another, either public or private.
(’87 Code, § 10-3-1) (Ord. 81-16) Penalty, see § 130.99
132.02 LIBRARY PROPERTY.
It is unlawful for any person to carry away without authority, misuse, cut, write upon, injure, deface, tear or destroy any book, periodical, map, newspaper or any other property devoted to public library use.
(’87 Code, § 10-3-2) (Ord. 81-16) Penalty, see § 130.99
132.03 SCATTERING TRASH AND RUBBISH. Revised 2/24
It is unlawful for any person to throw or permit to be deposited or scattered upon any sidewalk, alley, street or public property, public place, public right-of-way, or upon the private property of another, any rubbish, waste, trash or other disposed material of any kind. 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, § 10-3-3; Am. Ord. 23-28) (Ord. 81-16) Penalty, see § 130.99
132.04 PETTY LARCENY, CONVERSION, EMBEZZLEMENT, FRAUD.
It is unlawful for any person to steal, convert, embezzle or acquire by fraud the property of another including any money, goods, chattels, bank note, bonds, promissory notes, bills of exchange, other bills, orders, certificates or any books of account for or concerning money due or to become due to be delivered. If the property stolen, converted, embezzled, acquired by fraud exceeds the value of $250, the matter shall be referred to the District Attorney.
(’87 Code, § 10-3-4) (Ord. 81-16; Am. Ord. 10-09) Penalty, see § 130.99
132.05 RECEIVING STOLEN PROPERTY.
It is unlawful to buy, procure, receive or conceal anything of value up to $250 knowing the same to have been stolen, converted, embezzled or acquired by fraud.
(’87 Code, § 10-3-5) (Ord. 81-16; Am. Ord. 10-09) Penalty, see § 130.99
132.06 SHOPLIFTING.
(A) It is unlawful for any person to willfully take possession of or conceal any merchandise valued at not more than $250 offered for sale with the intention of converting it without paying for it or to willfully alter any label, price tag or marking upon any merchandise, or transfer any merchandise from one container to another with the intention of depriving the merchant of all or part of the value of the merchandise. Any person who willfully conceals merchandise on his person or on the person of another or among his belongings or the belongings of another or on or outside the premises of the store shall be prima facie presumed to have concealed the merchandise with the intention of converting it without paying for it.
(B) If any merchandise is found to be concealed on any person or among his belongings, it shall be prima facie evidence of willful concealment.
(C) Any offense concerning merchandise valued at more than $250 shall be referred to the District Attorney.
(’87 Code, § 10-3-6) (Ord. 81-16; Am. Ord. 10-09) Penalty, see § 130.99
132.07 ISSUING WORTHLESS CHECKS.
(A) It is unlawful to issue, in exchange for anything of value, with intent to defraud, any check, draft or order for the payment of money in the amount of $1 to $25 upon any bank or other depository knowing at the time of issue that insufficient funds or credit exists with the bank or other depository for the payment in full by check, draft or order. Each check shall constitute a separate offense. Offense of issuance of fraudulent check in excess of $25 shall be referred to the District Attorney.
(B) In the event any person receives a check in return for giving of anything of value, which check is later dishonored by the bank upon which it is drawn, and after due notice, the person who issued the check refuses to make proper and full reimbursement, it shall be presumed the check was issued with the intent to defraud, and the person receiving the check may file a complaint thereon, directly with the Municipal Court.
(NMSA § 30-36-4) (’87 Code, § 10-3-7) (Ord. 81-16) Penalty, see § 130.99
132.08 FALSELY OBTAINING SERVICES OR ACCOMMODATIONS.
(A) It is unlawful for any person to falsely obtain services or accommodations, or for any person to obtain any service, food, entertainment or accommodations without paying therefor, and with the intent to cheat or defraud the owner or person supplying the service, food, entertainment or accommodations.
(B) Any offense concerning falsely obtaining services or accommodations when the value of the service, food, entertainment or accommodations is in excess of $250 shall be referred to the District Attorney.
(’87 Code, § 10-3-8) (Ord. 81-16; Am. Ord. 10-09) Penalty, see § 130.99
132.09 UNLAWFUL REMOVAL OF EFFECTS.
(A) Unlawful removal of effects consisting of any person removing or causing to be removed any baggage or effect from any hotel, motel, trailer park, inn, rented dwelling or boarding house while there is a lien existing thereon for the proper charges due for fare or board furnished from the hotel, motel, trailer park, inn, rented dwelling or board house, and where the owner or person in possession of the baggage or effects is given actual notice of the fact of the lien, or where a notice of the lien has been conspicuously posted upon the premises adjacent to the baggage or effects, giving notice of the fact of the lien and the amount thereof.
(B) Whoever commits unlawful removal of effects is guilty of a petty misdemeanor.
(’87 Code, § 10-3-9) (Ord. 81-16) Penalty, see § 130.99
132.10 WRONGFUL USE OF PUBLIC PROPERTY OR PUBLIC PLACE. Revised 2/24
It is unlawful for any person to commit unlawful use of public property or public place by:
(A) Knowingly entering any public property or public place, without permission of the lawful custodian or designee when the public property or public place is not open to the public; or
(B) Remaining in or occupying any public property or public place after having been requested to leave by the lawful custodian, or designee, who has determined that the public property or public place is being used or occupied contrary to its intended or customary use; or
(C) Damaging or destroying the public property or public place by the use.
For purposes of this section, the definitions for the terms “public property” and “public place” as set out in Section 91.02 R.O. 2003 shall apply.
(’87 Code, § 10-3-10) (Ord. 81-16; Am. Ord. 23-28) Penalty, see § 130.99
132.11 REMOVAL OF EARTH. Revised 2/24
It is unlawful for any unauthorized person to move, distribute or take away any earth, stone or other material from any public street, way, alley, park, public property, public place or public right-of-way. For purposes of this section, the definitions for the terms “public property” and “public place” as set out in Section 91.02 R.O. 2003 shall apply.
(’87 Code, § 10-3-11) (Ord. 81-16; Am. Ord. 23-28) Penalty, see § 130.99
132.12 WRONGFUL USE OF PUBLIC WATER CONVEYANCE SYSTEM. Revised 2/24
It is unlawful for any person to remain in or otherwise occupy any public water conveyance system after having been requested to leave by:
(A) The lawful custodian or their designee; or
(B) A law enforcement official addressing health and safety concerns.
For purposes of this section, the definition for the term “public water conveyance system” is an engineered or natural channel that may transport water, including an arroyo, drainage channel, irrigation channel, pond, and piping which is owned, operated or maintained by a governmental or public agency.
(Ord. 23-28)