Clayton Police Department

TITLE XIII: GENERAL OFFENSES

Chapter

130. GENERAL REGULATIONS

131. OFFENSES AGAINST PUBLIC PROPERTY

132. PUBLIC ORDER AND SAFETY

133. OFFENSES AGAINST PUBLIC MORALS

134. MINORS

135. NUISANCES

CHAPTER 130: GENERAL REGULATIONS

Section

General Provisions

130.01 Title

130.02 Definitions

130.03 Amendments

Miscellaneous Offenses

130.15 Hitch-hiking

130.99 Penalty

GENERAL PROVISIONS

' 130.01 TITLE.

This Title XIII is called and may be cited as the ACriminal Code Ordinance on General Offenses@ for the municipality of the Town of Clayton, New Mexico.

(Ord. 523, passed 4-14-1980)

' 130.02 DEFINITIONS.

For the purpose of this title, the following definitions shall apply unless the context indicates or requires a different meaning.

ACCUSED. Any person charged with the violation of any ordinance of the municipality that imposes a penalty.

ANOTHER, OTHER. 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. Any conceivable thing of the slightest value, tangible or intangible, movable or immovable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term property.

BATTERY. The unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner.

BET. 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, 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 the 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 division, CONSIDERATION means anything of pecuniary value required to be paid to the promoter in order to participate in the enterprise; and

(4) Betting otherwise permitted by law.

CARRYING A DEADLY WEAPON. Being 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. Any person accused of a violation of any ordinance of the municipality that imposes a penalty.

DISORDERLY CONDUCT. 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. The Board of Trustees of the town.

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. 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.

MAY. The action referred to is permissive.

MAYOR. The Chief Executive Officer of municipalities having the MayorCouncil form of government.

MINOR. Any unmarried person who has not reached his or her eighteenth birthday, except that under application of the Liquor Control Act being NMSA '' 60-3A-3, or any alcoholrelated division of this title, MINOR means any person under 21 years of age.

MUNICIPALITY. Any incorporated city, town or village, whether incorporated under general act, special act or special charter.

OFFICIAL PROCEEDING. 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. Any human being or legal entity, whether incorporated or unincorporated.

POLICE OFFICER, LAW ENFORCEMENT OFFICER, PEACE OFFICER or OFFICER. 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. Knowingly engaging in or offering to engage in sexual intercourse for hire.

PUBLIC EMPLOYEE. Any person receiving remuneration for regular services rendered to the state or any of its political subdivisions.

PUBLIC GROUND. Any real property owned or leased by a municipality.

PUBLIC OFFICER. Any elected or appointed officer of the state or any of its political subdivisions, serving with or without remuneration for his or her services.

SHALL. The action referred to is mandatory.

STREET. Any thoroughfare that can accommodate pedestrian or vehicular traffic, is open to the public and is under the control of the municipality.

(Ord. 523, passed 4-14-1980)

' 130.03 AMENDMENTS.

Any amendments to this title shall be adopted as ordinances as required by state law, and when passed in the form as to indicate the intention to make the same a part thereof, shall be incorporated into this title so that reference to it as AThe Criminal Code Ordinance on General Offenses@ shall be understood as including the amendments.

(Ord. 523, passed 4-14-1980)

MISCELLANEOUS OFFENSES

' 130.15 HITCH-HIKING.

It shall be unlawful for any person to accost the driver of any motor vehicle at any garage filling station, or on any state highway within the town for the purpose of hitchhiking, that is, riding gratis in the motor vehicle provided; however, this section shall not apply to persons acquainted with the driver of the vehicle accosted.

(Ord. 233, passed 5-8-1933) Penalty, see ' 130.99

' 130.99 PENALTY.

(A) Generally. Any person found guilty of violating any of the provisions of this title, unless otherwise specified, shall be fined not more than $300 or imprisoned for a period of not more than 90 days, or by both the fine and imprisonment, and each day this title is violated shall constitute a separate offense; provided, however, that if a specific penalty is provided therefor in any particular and individual section of this chapter, then the specific penalty shall prevail.

(B) Hitch-hiking. Any person violating ' 130.15 shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine not exceeding $200 or by imprisonment for a term not exceeding 90 days, or by both the fine and imprisonment.

(Ord. 233, passed 5-8-1933)

CHAPTER 131: OFFENSES AGAINST PUBLIC PROPERTY

Section

131.01 Destroying, injuring, removing and tampering with or defacing property

131.02 Library property

131.03 Scattering trash and rubbish

131.04 Advertising matter

131.05 Petty larceny, conversion, embezzlement and fraud

131.06 Receiving stolen property

131.07 Shoplifting

131.08 Issuing worthless checks

131.09 Falsely obtaining services or accommodations

131.10 Wrongful use of public property

131.11 Removal of earth

131.12 Throwing objects at property

131.99 Penalty

Cross-reference:

Litter, see ''95.20, 96.05; declared a nuisance, see ' 135.02

' 131.01 DESTROYING, INJURING, REMOVING AND TAMPERING WITH OR DEFACING 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, either public or private.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.02 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.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.03 SCATTERING TRASH AND RUBBISH.

It is unlawful for any person to throw or permit to be deposited or scattered upon any sidewalk, alley, street or public property or upon the private property of another, any rubbish, waste, trash or other disposed material of any kind.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.04 ADVERTISING MATTER.

(A) It is unlawful for any person to distribute any commercial advertising such as show cards, posters, brochures, circulars or handbills upon any public street or way.

(B) It is unlawful for any person to distribute, place or post in or upon any private property, including utility poles, any show card, poster, handbill or other announcement or advertisement without the express consent of the owner or occupant of the property.

(C) It is unlawful for any person to post or affix any poster, handbill or other form of advertisement upon the surface of any public structure or building without the express consent of the public official having charge of the public structure or property.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.05 PETTY LARCENY, CONVERSION, EMBEZZLEMENT AND 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 notes, bonds, promissory notes, bills of exchange, other bills, orders, certificates or any books of account for or concerning money due or to become due and to be delivered. If the property stolen, converted, embezzled or acquired by fraud exceeds the value of $100, the matter shall be referred to the District Attorney.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.06 RECEIVING STOLEN PROPERTY.

It is unlawful to buy, procure, receive or conceal anything of value knowing the same to have been stolen, converted, embezzled or acquired by fraud.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.07 SHOPLIFTING.

(A) It is unlawful for any person to willfully take possession of or conceal any merchandise valued at not more than $100 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 or her person or on the person of another or among his or her 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. If any merchandise is found to be concealed on any person or among his or her belongings it shall be prima facie evidence of willful concealment.

(B) Any offense concerning merchandise valued at more than $100 shall be turned over to a higher authority.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.08 ISSUING WORTHLESS CHECKS.

(A) (1) 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 the issue that insufficient funds or credit exists with the bank or other depository for the payment in full by the check, draft or order.

(2) Any person convicted of issuing worthless checks shall be imprisoned for not more than 30 days or fined not more than $100 or receive both the imprisonment and fine.

(B) Offense of issuance of fraudulent check in excess of $25 shall be turned over to a higher authority.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.09 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 $100 shall be turned over to a higher authority.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.10 WRONGFUL USE OF PUBLIC PROPERTY.

It is unlawful for any person to commit unlawful use of public property by knowingly entering any public property without permission of the lawful custodian or his or her representative when the public property is not open to the public, or remaining in or occupying any public property after having been requested to leave by the lawful custodian, or his or her representative, who has determined that the public property is being used or occupied contrary to its intended or customary use or that the public property may be damaged or destroyed by the use.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.11 REMOVAL OF EARTH.

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 or public ground.

(Ord. 523, passed 4-14-1980) Penalty, see ' 131.99

' 131.12 THROWING OBJECTS AT PROPERTY.

It shall be unlawful for any person or persons to throw rocks, bricks, pebbles, wood, iron or anything with which property may be injured, at or toward any building, residence, dwelling, church, house or any structure of any kind, with intent to break, mutilate or injure windows, doors or any portion of the building.

(Ord. 18, passed 6-18-1908) Penalty, see ' 131.99

' 131.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 130.99.

(B) Any person or persons violating ' 131.12 shall be deemed guilty of a misdemeanor, and upon conviction, be punished by a fine of not less than $5 nor more than $100, or by imprisonment in the town or county jail for a period of not less than 5 days nor more than 30 days, or by both the fine and imprisonment in the discretion of the court trying the case, and in addition thereto shall be liable to pay all damages to the building to be recovered in an action in the proper court.

(Ord. 18, passed 6-18-1908)

CHAPTER 132: PUBLIC ORDER AND SAFETY

Section

Offenses Against Public Peace

132.01 Trespass

132.02 Prowling

132.03 Disturbing the peace

132.04 Unreasonable noise

132.05 Disorderly conduct

132.06 Unlawful assembly

132.07 Loitering

132.08 Obstructing movement

132.09 Removal of barricades

132.10 Possession of burglary tools

132.11 Residential soliciting prohibited

Offenses Against Public Officials

132.25 Assault upon a peace officer

132.26 Interference with officers

132.27 Impersonating an officer

132.28 Impersonating and attempting to function as public officials

132.29 Unauthorized display of certain words and insignia

132.30 Escape of prisoners

132.31 False alarms

132.32 False reports

Assault on Persons

132.45 Assault

132.46 Battery

132.47 Aggravated battery

132.48 Assault against household member

Weapons; Fireworks

132.60 Deadly weapons

132.61 Propelling of missiles

132.62 Failure to report treatment of wounds

132.63 Possession of fireworks

132.99 Penalty

Cross-reference:

Drinking from open containers in public, see ' 112.01

OFFENSES AGAINST PUBLIC PEACE

' 132.01 TRESPASS.

It is unlawful to enter or remain, with malicious intent, on the property of another knowing that consent to enter or remain has been denied or withdrawn by the owner or occupant thereof.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.02 PROWLING.

(A) It is unlawful for any person to loiter or prowl in a place, at a time, or in a manner not usual for lawabiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity. 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 herself or manifestly endeavors to conceal himself, herself or any object.

(B) Unless flight by the actor or other circumstance 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 or her to identify himself or herself and explain his or her presence and conduct. 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.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.03 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, and no person shall knowingly permit the conduct upon any property owned by him or her, under his or her control or supervision.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.04 UNREASONABLE NOISE.

(A) It is unlawful for any person to make, continue 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 or public place except as a danger warning, the creation by means of any signaling devices of any unreasonable, loud or harsh sound, the sounding of the devices for any unnecessary and unreasonable period of time other than by accident or mechanical, electrical or other difficulty or failure and the use of any signaling device where traffic is held up;

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

(3) Loud speakers and 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, loud speaker, 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 elsewhere prescribed;

(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) Animals. The keeping of any animals which, by causing frequent or long continuous noise, shall disturb the comfort or repose of any persons in the vicinity;

(6) Schools, courts, churches and 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; and

(7) Pounding. The pounding or hammering on any metal object or thing except inside a building or in connection with the construction or erection of a building.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.05 DISORDERLY CONDUCT.

(A) Disorderly conduct is unlawful.

(B) A person is guilty of disorderly conduct if he or she:

(1) Creates a disturbance of the public order by an act of violence or by any act likely to produce violence;

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

(3) Makes any unreasonably loud noise;

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

(5) Causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer, where 3 or more persons are committing acts of disorderly conduct in the immediate vicinity;

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

(7) Commits a trespass on residential property or on public property. TRESPASS for the purpose of this section shall mean:

(a) Entering upon, or refusing to leave, any residential property of another, either where the property has been posted with ANo Trespassing@ signs, or where immediately prior to the entry, or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that the entry or continued presence is prohibited; and/or

(b) Entering upon, or refusing to leave, any public property in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property, where the regulations have been conspicuously posted or where immediately prior to the entry, or subsequent thereto, the regulations are made known by the official charged with the security, care or maintenance of the property, his or her agent or a police officer.

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

(9) Assembles together with 2 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 purpose; or

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

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.06 UNLAWFUL ASSEMBLY.

It is unlawful for 3 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.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.07 LOITERING.

(A) A person commits a violation if he or she loiters or prowls 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 persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect=s escape.

(B) It shall be unlawful for any person, after first being warned by a police officer, or where a Ano loitering@ sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi-public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.

(C) For the purpose of this section, PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

Penalty, see ' 132.99

' 132.08 OBSTRUCTING MOVEMENT.

It is unlawful to hinder, annoy or molest persons passing along any street, sidewalk, crosswalk or other public way, or to lie, sit or stand around the entrance of any church, theater, public building or other place of public assemblage in any manner so as to unreasonably obstruct the entrance or to place or erect upon any public way an obstruction of any type, except temporary barriers or warning signs placed for the purpose of safeguarding the public against any hazard.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.09 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 town 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.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.10 POSSESSION OF BURGLARY TOOLS.

It is unlawful to possess any lock pick, skeleton key or key to be used with a bit or bits, jimmy, sledge hammer, pry bar, cold chisel, dynamite, nitroglycerine, blasting caps or any other burglary instrument or instruments commonly used by burglars unless the possession is for a lawful purpose.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.11 RESIDENTIAL SOLICITING PROHIBITED.

(A) It is hereby declared to be the policy of the town that the occupants of the residences in the town shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residences.

(B) Notice of the refusal of invitation to solicitors, to any residence, shall be given on a weatherproof card, approximately 3 inches by 4 inches in size, exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows:

ANO SOLICITORS INVITED@

(C) The card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.

Penalty, see ' 132.99

OFFENSES AGAINST PUBLIC OFFICIALS

' 132.25 ASSAULT UPON A PEACE OFFICER.

(A) It is unlawful for any person to commit assault upon a peace officer.

(B) Assault upon a peace officer consists of:

(1) An attempt to commit a battery upon the person of a peace officer while he or she is in the lawful discharge of his or her duties; or

(2) Any unlawful act, threat or menacing conduct which causes a peace officer, while he or she is in the lawful discharge of his or her duties, to reasonably believe that he or she is in danger of receiving an immediate battery.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.26 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 or her duty.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.27 IMPERSONATING AN OFFICER.

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

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.28 IMPERSONATING AND ATTEMPTING TO FUNCTION AS PUBLIC OFFICIALS.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.

DECISION-MAKING CAPACITY. The duty and/or ability of a person to exercise judgment or discretion in the exercise of his or her duties of a public official.

EXERCISE THE FUNCTIONS OF A PUBLIC OFFICIAL. To attempt to or to actually influence the actions of another person by claiming to be a public official, claiming to be acting for the public official, claiming to be conveying a message from the public official, or by otherwise directly or indirectly suggesting or claiming the public official has given a particular order, made a particular statement, set out a particular policy or the like, when the claim or suggestion is not true. However, this definition shall not include the publication of news in bona fide news media.

PUBLIC OFFICIAL. Any person employed by city, county, state or federal governments who is in any decision-making capacity whatsoever.

(B) Offenses. No person shall:

(1) Impersonate any public official; and/or

(2) Attempt to exercise or exercise the functions of a public official, except insofar as he or she is employed by a governmental entity to do so.

(Ord. 531, passed - -) Penalty, see ' 132.99

' 132.29 UNAUTHORIZED DISPLAY OF CERTAIN WORDS AND INSIGNIA.

It is unlawful to display on any vehicle or sign, without authority of the municipality, the words Apolice@, APolice Department@, AFire Department@ 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 Fire or Police Department of the municipality, provided that nothing contained herein shall apply to any state or county vehicle.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.30 ESCAPE OF PRISONERS.

(A) Escape from jail or custody. It is unlawful for any person, while a prisoner of the municipality or otherwise in the custody of or confined by the municipality, to escape or attempt to escape, or to assist other prisoners to escape or attempt to escape from custody or confinement.

(B) Assisting escape. It is unlawful for any person to assist, attempt to assist or offer to assist any person in custody of or confined under the authority of the municipality to escape from jail, place of confinement or custody.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.31 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.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.32 FALSE REPORTS.

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

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

ASSAULT ON PERSONS

' 132.45 ASSAULT.

It is unlawful for any person to commit a battery upon the person of another; nor shall any person, by any unlawful act, threat or menacing conduct, cause another person to believe he or she is in danger of receiving an immediate battery.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.46 BATTERY.

It is unlawful for any person to beat, strike, wound, inflict violence or apply force to the person of another, nor shall a person intentionally touch or apply force to the person of another in a rude, insolent, angry or hostile manner except in connection with an exhibition duly authorized and licensed under law, or in lawful self-defense, or in the line of duty as a duly authorized police officer as circumstances warrant.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.47 AGGRAVATED BATTERY.

It is unlawful for any person to commit aggravated battery upon the person of another; nor shall any person unlawfully touch or apply force to the person of another with intent to injure that person or another, or inflict an injury to the person which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.48 ASSAULT AGAINST HOUSEHOLD MEMBER.

(A) Definition. As used in this section, HOUSEHOLD MEMBER means a spouse, former spouse or family member, including a relative, parent or inlaw, child or coparent of a child or a person with whom a person has had a continuing personal relationship. Cohabitation is not necessary to be deemed a HOUSEHOLD MEMBER for the purposes hereof.

(B) Assault against a household member. Assault against a household member consists of:

(1) An attempt to commit a battery against a household member;

(2) Any unlawful act, threat or menacing conduct that causes a household member to reasonably believe that he or she is in danger of receiving an immediate battery; or

(C) Battery against a household member. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner.

(Ord. 608, passed 8-11-1997) Penalty, see ' 132.99

WEAPONS; FIREWORKS

' 132.60 DEADLY WEAPONS.

(A) Carrying of deadly weapons. It is unlawful to carry within the municipality a concealed, loaded firearm or other weapon capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives, chains, can openers, ice picks and all the weapons with which dangerous cuts or punctures can be inflicted, including swordcanes and any kind of sharp pointed canes, also slingshots, bludgeons or any other weapon with which dangerous wounds can be inflicted, except in a person=s residence or on real property belonging to him or her as owner, lessee, tenant or licensee, or in a private automobile or other private means of conveyance for lawful protection of one=s person or property while traveling or for other lawful purposes.

(B) Discharge of firearms. It is unlawful to discharge within the municipality limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gasoperated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided that this section has no application in cases involving the discharge of a firearm for lawful purposes.

(C) Air and BB guns. It is unlawful for anyone to shoot within the municipality any air rifle, air gun or BB gun. Parents who permit the violation of this section shall be deemed guilty of a violation of '134.07.

(D) Exception for peace officers. The provisions set forth above shall not be construed to forbid police officers from carrying, wearing or discharging the weapons as shall be necessary in the proper discharge of their duties.

(E) Exposing others to danger. It is unlawful to endanger the safety of another or his or her property by using a firearm or other deadly weapon in a negligent manner or to carry a firearm while under the influence of any intoxicant or narcotic, or to sell, loan or furnish any deadly weapon to persons under the influence of any intoxicant or narcotic or to any incompetent person.

(F) Prohibited weapons. It is unlawful to manufacture, cause to be manufactured, possess, display, offer, sell or lend any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device or any knife having a blade which opens, falls or is ejected into position by the force of gravity or by any outward or centrifugal thrust or movement.

(G) Sales to minors. It is unlawful to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air gun or BB gun or ammunition for any firearm to any person under the age of 18 years, provided that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his or her child or ward.

(H) Disposition of seized weapons. Every police officer upon making an arrest and taking a weapon used in the violation of any section of this code shall deliver the same to the Chief of Police to be held by him or her until judgment is entered for the offense, and upon the finding of guilt, the weapon shall be disposed of as provided in NMSA ' 29-1-14(H).

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.61 PROPELLING OF MISSILES.

It is unlawful for any person to shoot, sling or throw any stone, rock or other propellant, missile or substance in any manner as to be reasonably likely to cause injury to any person or property.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

Cross-reference:

Throwing items at property, see also ' 131.12

' 132.62 FAILURE TO REPORT TREATMENT OF WOUNDS.

It is unlawful for any physician, surgeon or other practitioner of the healing arts licensed by the State of New Mexico to fail to immediately report to the municipal Police Department his or her treatment of any person in the municipality for a wound inflicted by a deadly weapon of any kind.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

' 132.63 POSSESSION OF FIREWORKS.

(A) Unlawful acts. It is unlawful to manufacture, sell, offer to sell, own, possess or discharge any firecracker, Roman candle, sky rocket, torpedo, bomb, blank cartridges or any other type or form of explosive commonly known as fireworks within the municipal limits unless the State Fire Marshal has declared that the item is not dangerous to persons or property.

(B) Exclusions. The term FIREWORKS shall not include toy pistols, toy canes, toy guns or other devices in which paper caps containing 25/100 grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistols which contain less than 20/100 grains of explosive mixture, the sale and use of which shall be permitted at all times.

(C) Public display. Nothing herein contained shall be held to apply to or prohibit any municipal or civic organization from sponsoring and conducting, in connection with any public celebration, an officially supervised and controlled fireworks display.

(Ord. 523, passed 4-14-1980) Penalty, see ' 132.99

Cross-reference:

Sales of fireworks, permits required, see ' 91.01

' 132.99 PENALTY.

(A) Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 130.99.

(B) Vagrants. Any person found guilty of being a vagrant as set forth in ' 132.07 shall be sentenced to pay a fine in a sum of not less than $3 nor more than $50, or by imprisonment in the town or county jail at labor compatible with his or her strength for a term of not less than 1 nor more than 90 days, or by both the fine and imprisonment, in the discretion of the court. This section shall be in full force and effect from and after its passage and publication according to law.

(Ord. 10, passed 6-10-1908)

(C) Soliciting; trespassing. Anyone perpetrating a nuisance as defined by ' 132.11 shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not exceeding $200 or by imprisonment for any period not exceeding 60 days, in the discretion of the court.

(Ord. 305, passed 4-28-1947; Am. Ord. 360, passed 4-12-1954)

(D) Impersonating and attempting to function as public officials. Any person found violating '132.28 shall, upon conviction, be punished by a fine of not less than $100 nor more than $300 and imprisonment in the town jail for not less than 30 days nor more than 90 days.

(Ord. 531, passed - -)

(E) Assault against household member. Any person who commits assault against a household member or battery against a household member as set forth in ' 132.48 shall be guilty of a misdemeanor and upon conviction shall be fined from $100 up to $500, imprisoned for up to 6 months or receive both the fine and imprisonment.

(Ord. 608, passed 8-11-1997)

CHAPTER 133: OFFENSES AGAINST PUBLIC MORALS

Section

133.01 Lewd, immoral or obscene acts

133.02 Gambling

133.03 Aiding illegal activity

133.04 Marijuana; possession prohibited

133.99 Penalty

' 133.01 LEWD, IMMORAL OR OBSCENE ACTS.

The following acts are lewd, immoral or obscene and their commission is unlawful:

(A) Being present in any establishment where alcoholic beverages are sold and engaging in the practice of, or for the purpose of soliciting others to purchase alcoholic beverages, provided that this provision does not apply to one employed as a bartender, or waiter or waitress;

(B) As the owner or operator of any establishment where alcoholic beverages are sold, to knowingly permit the presence in the establishment of any person who violates the provisions of division (A) above;

(C) Prostitution, which means knowingly engaging in or offering to engage in sexual intercourse for hire;

(D) Entering or remaining in a house of prostitution with intent to engage in sexual intercourse with a prostitute;

(E) Knowingly hiring a prostitute to engage in sexual intercourse;

(F) Knowingly establishing, owning, maintaining or managing a house of prostitution or participating in the establishment, ownership, maintenance or management thereof;

(G) Knowingly permitting any place to be used as a house of prostitution;

(H) Procuring a prostitute for a house of prostitution;

(I) Inducing another to become a prostitute;

(J) Living wholly or partly upon the earnings of prostitution;

(K) Knowingly soliciting a patron for a prostitute or for a house of prostitution;

(L) Knowingly procuring a prostitute for a patron;

(M) Knowingly procuring transportation for, paying for the transportation of or transporting a person within the municipality with the intention of aiding that person to engage in prostitution;

(N) Knowingly being employed by a house of prostitution or to perform any function which constitutes promoting prostitution; and

(O) Knowingly and intentionally exposing the primary genital area to public view. PRIMARY GENITAL AREA means the mons pubis, penis, testicles, mons veneris, vulva or vagina.

(Ord. 523, passed 4-14-1980) Penalty, see ' 133.99

' 133.02 GAMBLING.

(A) Engaging in gambling. It is unlawful for any person to make a bet, enter or remain in a gambling place with intent to make a bet, participate in a lottery or play a gambling device or to conduct a lottery or possess facilities with intent to conduct a lottery.

(B) Commercial gambling. It is unlawful to participate in the earnings of or to operate a gambling place; or to receive, record, forward or possess facilities with the intent to receive or forward bets or offers to bet or become a custodian of anything of value bet or offered to be bet; or to conduct a lottery or possess facilities with the intent to conduct a lottery where both the consideration and the prize are money; or to set up for use for the purpose of gambling, or operate any gambling device or collect the profits therefrom.

(C) Permitting use of premises. It is unlawful for any person to knowingly permit any property owned or occupied by him or her or under his or her control to be used as a gambling place or to knowingly permit a gambling device to be set up for the purpose of gambling in a place under his or her control.

(D) Dealing in gambling devices. It is unlawful to manufacture, commercially transfer or possess with the intent to commercially transfer any device which he or she knows evidences, purports to evidence or is designed to evidence a gambling purpose or any device which he or she knows is designed exclusively as a subassembly or essential part of the device, including but not limited to gambling machines, numbers, jars, punch boards or roulette wheels. Proof of possession of any device designed exclusively for gambling purposes other than in a gambling place and not set up for use is prima facie evidence of possession with intent to transfer commercially.

(E) Permitted lottery. Nothing in this section 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 the benefit shall be expended in this state for the benefit of the 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 the proceeds go to any individual member or employee thereof.

(F) Prizes. 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 the 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.

(G) Track betting. Nothing in this section shall be construed to prohibit ontrack parimutuel betting as authorized by NMSA ' 60111.

(Ord. 523, passed 4-14-1980) Penalty, see ' 133.99

' 133.03 AIDING ILLEGAL ACTIVITY.

It is unlawful to be found in any place where gambling or prostitution is being conducted with knowledge of the 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. 523, passed 4-14-1980) Penalty, see ' 133.99

' 133.04 MARIJUANA; POSSESSION PROHIBITED.

(A) Drug possession. It is unlawful for any person intentionally to possess marijuana unless it was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by law.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.

MARIJUANA. All parts of the plant Cannabis sativa L., 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 which is incapable of germination.

PRACTITIONER. A physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act of New Mexico being NMSA ''311 et seq.

(Ord. 523, passed 4-14-1980) Penalty, see ' 133.99

' 133.99 PENALTY.

(A) Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.

(B) Marijuana.

(1) Any person found guilty of violating '133.05 with respect to 1 ounce or less of marijuana shall be punished by a fine not less than $50 nor more than $100 and by imprisonment for not more than 15 days.

(2) Second and subsequent offenses, and possession of more than 1 ounce of marijuana shall be turned over to a higher jurisdiction.

(Ord. 523, passed 4-14-1980)

CHAPTER 134: MINORS

Section

Harm to Minors

134.01 Abandonment of children

134.02 Cruelty to children

134.03 Enticement of child

134.04 Unlawful assistance to minors

134.05 Unlawful presence in liquor establishments

134.06 Offenses by minors

134.07 Failure of parental responsibility

134.08 Abandonment of dangerous objects

134.09 Sale, offer for sale, delivery or gift of certain glues

Curfew; Truancy

134.20 Curfew for persons under 18 years of age

134.21 Truancy

134.99 Penalty

HARM TO MINORS

' 134.01 ABANDONMENT OF CHILDREN.

It is unlawful for the parent, guardian or custodian of a child to intentionally leave the child or abandon him or her under circumstances whereby the child may suffer from neglect.

(Ord. 523, passed 4-14-1980) Penalty, see ' 134.99

' 134.02 CRUELTY TO CHILDREN.

It is unlawful for any parent, guardian or other person having the care or custody of any child to cause or permit any child to be placed in a situation where the life or health of the child will be endangered, or to torture, cruelly confine or cruelly punish the child or to willfully or negligently expose the child to the inclemency of the weather.

(Ord. 523, passed 4-14-1980) Penalty, see ' 134.99

' 134.03 ENTICEMENT OF CHILD.

It is unlawful to persuade any child under the age of 16 years to enter a vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under Article 9 of the Criminal Code (NMSA '' 3091 to 3699) or having possession of a child under the age of 16 years to commit such a crime.

(Ord. 523, passed 4-14-1980) Penalty, see ' 134.99

' 134.04 UNLAWFUL ASSISTANCE TO MINORS.

It is unlawful to assist minors to buy, procure, obtain or be served any alcoholic beverages, or to induce any person to sell, serve or deliver any alcoholic beverage to a minor by actual or constructive misrepresentation of any facts calculated to cause, or by the concealment of any facts which are calculated to cause the person selling, serving or delivering the alcoholic beverages to sell to a minor or to any person for ultimate delivery to a minor. This section does not apply to the parent or lawful guardian of a minor who serves alcoholic beverages to that minor on real property, other than licensed premises, under the control of the parent or lawful guardian.

(Ord. 523, passed 4-14-1980) Penalty, see ' 134.99

' 134.05 UNLAWFUL PRESENCE IN LIQUOR ESTABLISHMENTS.

It is unlawful for the owner or operator of any establishment serving alcoholic beverages to permit any person under the age of 21 years to attend, work in, frequent or loiter in or about the premises unless the person is accompanied by his or her parent or guardian.

(Ord. 523, passed 4-14-1980) Penalty, see ' 134.99

' 134.06 OFFENSES BY MINORS.

(A) False statement or identification. It is unlawful for any minor to make false statements or to furnish, present or exhibit any fictitious or false registration card, identification card or other instrument, or to furnish, present or exhibit any document issued to another person, for the purpose of gaining admission to prohibited places or for the purpose of procuring the sale, gift or delivery of prohibited articles, including but not limited to alcoholic beverages.

(B) Procuring unlawful services. It is unlawful for any minor to engage or authorize the services of any other person to procure for the minor any article which the minor is prohibited by law to purchase.

(Ord. 523, passed 4-14-1980) Penalty, see ' 134.99

Cross-reference:

Curfew, see ' 134.20

' 134.07 FAILURE OF PARENTAL RESPONSIBILITY.

It is unlawful for any parent, guardian or other adult person having the care and custody of a minor to knowingly permit the minor to violate the provisions of ' 134.04 or '134.05; ' 134.06; and '132.60(C).

(Ord. 523, passed 4-14-1980) Penalty, see ' 134.99

' 134.08 ABANDONMENT OF DANGEROUS OBJECTS.

(A) Containers. It is unlawful to abandon, discard or keep in any place accessible to children any refrigerator, icebox, freezer, airtight container, cabinet or similar container of a capacity of 1-1/2 cubic feet or more which is no longer in use without sealing or removing the doors or other entrances so as to make it impossible for any child to be imprisoned therein, or being the owner, lessee or operator of any premises to permit the articles to remain upon the premises in a condition whereby a child may be imprisoned therein.

(B) Plastic bags. It is unlawful for any person to abandon, expose, leave in any place accessible to children or permit upon premises under his or her control any plastic bag without first tearing the same sufficiently to render it no longer dangerous to a child.

(Ord. 523, passed 4-14-1980) Penalty, see ' 134.99

' 134.09 SALE, OFFER FOR SALE, DELIVERY OR GIFT OF CERTAIN GLUES.

(A) Prohibited conveyance. It is unlawful to sell, offer for sale, deliver or give to any person under the age of 18 years any glue or cement commonly known as model airplane glue, plastic cement, household cement, cement or any other similar substance, if the glue, cement or substance contains 1 or more of the following volatile solvents: hexane, benzene, toluol, toluene, xylene, carbon tetrachloride, chloroform, ethylene dichloride, acetone, cyclohexanone, methyl ethyl ketone, methyl isobutyl ketone, amyl acetate, butyl acetate, ethyl acetate, tricresyl phosphate, butyl alcohol, ethyl alcohol, isopropyl alcohol, methyl cellosolve acetate, trichloroethane or ether.

(B) Exception. The provisions of division (A) above shall not apply when the glue or cement is sold, delivered or given simultaneously with and as part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains or other similar models.

(Ord. 523, passed 4-14-1980) Penalty, see ' 134.99

CURFEW; TRUANCY

' 134.20 CURFEW FOR PERSONS UNDER 18 YEARS OF AGE.

(A) Curfew. It is unlawful for any person under the age of 18 years to loiter, idle, wander, stroll or play in or upon the public streets, highways, alleys, parks, playgrounds, other public places or buildings or vacant lots between the hours of 10:30 p.m. and 5:00 a.m. except for Friday and Saturday nights on which nights curfew shall commence at 12:00 a.m. midnight rather than at 10:30 p.m.; provided, however, that this section shall not apply to a minor accompanied by a parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by persons having the care or custody of him or her.

(B) Exemptions. This section does not apply to a minor who is:

(1) Accompanied by the minor=s parent or guardian;

(2) On an errand at the direction of the minor=s parent or guardian, without any detour or stop;

(3) In a motor vehicle involved in interstate travel;

(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5) Involved in an emergency;

(6) On the sidewalk abutting the minor's residence or abutting the residence of a nextdoor neighbor if the neighbor did not complain to the police department about the minor=s presence;

(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the town, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the town, a civic organization, or another similar entity that takes responsibility for the minor;

(8) Married or had been married or had disabilities of minority removed in accordance with state law.

(C) Failure of parental responsibility. It is unlawful for any parent, guardian or other adult person having the care and custody of a minor to permit a minor to violate the provisions of division (A).

(Ord. 523, passed 4-14-1980; Am. Ord. 599, passed 7-10-1995; Am. Ord. 604, passed 9-9-1996) Penalty, see ' 134.99

' 134.21 TRUANCY.

(A) Prohibition.

(1) It is unlawful for any person under the age of 18 years to loiter, idle, wander, stroll or play in or upon the public streets, highways, alleys, parks, playgrounds, other public places or buildings, or vacant lots during the hours when the person is required to be in attendance at either a public or other school as required by state law.

(2) It shall be unlawful for a person to encourage or assist a student not to attend or return to school unless the absence is excused by an authorized school official or the excuse is recognized by law.

(3) This section is in no way intended to replace the New Mexico Compulsory School Attendance Law being NMSA Chapter 22, Article 12.

(4) This section is in no way intended to replace the mandatory truancy supervision by the local school boards and authorities and the governing authorities of other schools required by law.

(B) Failure of parental responsibility. It is unlawful for any parent, guardian or other adult person having the care and custody of a minor to permit a minor to violate the provisions of division (A) above.

(Ord. 604, passed 9-9-1996) Penalty, see ' 134.99

' 134.99 PENALTY.

(A) Any person who violates any provision of this chapter for which no penalty is provided shall be subject to the terms of ' 130.99.

(B) Any person under the age of 18 years violating any of the provisions of '' 134.20 and 134.21 shall be deemed guilty of a misdemeanor and upon conviction hereof shall be fined a sum not more than $300; any person over the age of 18 years violating the provisions '' 134.20 and 134.21 shall be deemed guilty of a misdemeanor and upon conviction hereof shall be fined a sum not to exceed $300 or shall be imprisoned for not more than 90 days, or shall receive both the fine and the imprisonment.

(Ord. 599, passed 7-10-1995; Am. Ord. 604, passed 9-9-1996)

CHAPTER 135: NUISANCES

Section

135.01 Public nuisance

135.02 Nuisance declared

135.03 Notice of nuisance

135.04 Complaint

135.05 Removal of nuisance

135.06 Injunctions

135.99 Penalty

' 135.01 PUBLIC NUISANCE.

It is unlawful to commit a public nuisance. A PUBLIC NUISANCE consists of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either injurious to public health, safety, morals or welfare, or interferes with the exercise and enjoyment of public rights including the right to use public property.

(Ord. 523, passed 4-14-1980) Penalty, see ' 135.99

' 135.02 NUISANCE DECLARED.

In the interest of the inhabitants of the municipality, it is necessary to prohibit the accumulation of junk, trash and refuse on property within the corporate limits of the municipality by declaring the accumulation a nuisance. The following are hereby declared to be a public nuisance:

(A) Unoccupied premises. It shall be unlawful for any reason for any person to sweep, place or throw solid waste or other waste materials in or upon any sidewalk, street, alley or unoccupied premises.

(B) Unsanitary premises. It shall be unlawful for any person to permit or cause to remain in or about his or her premises any solid waste, weeds, motor vehicles not in operating condition, waste water or any conglomeration of residue thereof which emits odors or serves as a feeding or breeding place for flies, insects or rodents; and which in the opinion of the Sanitation Officer is unsanitary or injurious to public health. The accumulation of building materials, pipes, lumber or boxes may be maintained on the premises if the accumulation is evenly piled and stacked for a reasonable length of time to be determined by the Sanitation Officer.

(C) Hazardous premises. It shall be unlawful for any person to permit in or about his or her premises weeds, briars, brush or any other solid waste to become in any way hazardous or injurious to public health or to obstruct pedestrian and vehicular traffic.

(D) Accumulation of solid waste. It shall be unlawful for any person to allow any solid waste to accumulate upon premises owned, leased, rented or occupied by him or her during intervals between collection thereof, except in the manner herein provided. It shall be unlawful to deposit any solid waste in or upon the streets, alleys, sidewalks, gutters, curbing, storm sewers, parkways or vacant lots within the municipality, except in the manner and in the receptacles or container as provided in division (E) below.

(E) Solid waste receptacles. All solid waste receptacles shall be maintained in a clean and sanitary condition by the owner or person using the receptacle, and the receptacles shall be located only in the places as shall be readily accessible for removing and emptying the same, but shall not be placed in a place or position as may constitute a nuisance or obstruction to vehicular or pedestrian traffic.

(F) Outdoor vehicle storage; prohibited acts; exceptions.

(1) Storing motor vehicles. It is unlawful for any person, firm or corporation to store on, place on or permit to be stored or placed on, or allowed to remain on any occupied or unoccupied land within the municipal limits, a dismantled, partially dismantled or inoperative motor vehicle or any parts of a motor vehicle, except in areas where the activity is within the contemplated purposes of duly licensed businesses and the vehicle or parts are kept in a wholly enclosed garage or structure.

(2) Exceptions. Any person, being the owner or tenant, may store, permit to be stored or allow to remain upon his or her premises any dismantled, partially dismantled or inoperative motor vehicle, or parts thereof, for a period not to exceed 1 week, if the motor vehicle is registered in his or her name; and provided further that the owner or tenant may, in the event of hardship, secure permission from the municipality to extend the period of time.

(3) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.

DISMANTLED OR PARTIALLY DISMANTLED VEHICLE. Any motor vehicle from which some part or parts which are ordinarily a component thereof have been removed or are missing.

INOPERATIVE OR INOPERABLE MOTOR VEHICLE. Any motor vehicle which by reason of dismantling, disrepair or other cause is incapable of being propelled under its own power.

MOTOR VEHICLE. Any wheeled vehicle which is selfpropelled or intended to be selfpropelled.

(4) Supplementary. This section shall be construed as being supplementary to any sections of this chapter relating to rubbish, litter and refuse, and shall not be construed to permit the parking or placing of dismantled, partially dismantled or inoperable motor vehicles on any public street.

(Ord. 523, passed 4-14-1980)

(G) Littering. No person shall throw or otherwise dispose of any trash, refuse or litter of any kind anywhere within the town limits of the Town of Clayton except in trash receptacles.

(Ord. 457, passed 3-8-1971)

Penalty, see ' 135.99

Cross-reference:

Cutting of weeds, see ' 98.01

Storage of vehicles for sale on streets, see ' 90.01

' 135.03 NOTICE OF NUISANCE.

(A) Any municipal police officer, upon observing any violation of this chapter, shall issue a notice directed to the owner of record of the property on which the nuisance occurs, or to the occupant or tenant of the property, or both.

(B) The notice shall describe the violation and shall establish a reasonable time limit for abatement thereof by the owner or occupant or tenants, which limit shall be not less than 2 days or more than 30 days after service of the notice.

(C) The notice may be served either personally or by registered mail at the owner=s or occupant=s last known address.

(Ord. 523, passed 4-14-1980)

' 135.04 COMPLAINT.

In the event the owner or occupant of the property where the nuisance violation of this chapter exists has failed, within the prescribed time, to abate the nuisance, then any municipal police officer shall file a complaint charging violation of this chapter with the municipal court demanding that the owner of the property or the occupant thereof, or both, be held to answer to the court for the violation of this chapter.

(Ord. 523, passed 4-14-1980)

' 135.05 REMOVAL OF NUISANCE.

In the event that a person is convicted of violating this chapter and still refuses to remove the junk trash or refuse, the municipality may enforce this section in any manner consistent with law. Should the person refuse or fail to pay the assessment, the municipality shall collect the assessment as provided by law.

(Ord. 523, passed 4-14-1980)