City of Las Vegas, NM
San Miguel County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Las Vegas 3-20-1985 by Ord. No. 73-25 (Ch. 19 of the 1972 City Code). Amendments noted where applicable.]
GENERAL REFERENCES
Penalty assessments for traffic violations — See Ch. 12.
Animals — See Ch. 118.
Numbering of buildings — See Ch. 143.
Nuisances — See Ch. 301.

§ 179-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Community Development Director or his designee and any commissioned police officer of the City of Las Vegas.
COMMUNITY DEVELOPMENT DIRECTOR
The Department Director of the Community Development Department of the City of Las Vegas.
PERSON
Any human being or legal entity whether incorporated or unincorporated, including the United States, the State of New Mexico or any subdivision thereof.

§ 179-2 Issuance of citations.

For any offense named in the Municipal Code, the Municipal Court Judge may designate the offense as one which may be handled by the issuance of citations. The Municipal Judge shall specify by rule the amount of the fines for the first, second and subsequent offense, provided that the fines are within the limits declared by law or ordinance.

§ 179-3 Election to appear in court or pay fine.

A. 
Any person charged with an offense designated by the Municipal Judge as chargeable by citation under the foregoing provisions shall have the option of:
(1) 
Paying the fine within the time specified in the citation at the Municipal Court or by mail upon entering a plea of guilty and upon waiving appearance in court; or
(2) 
Upon a plea of not guilty before the Municipal Court, the defendant is entitled to a trial as authorized by law.
B. 
For the purpose of this chapter, the payment of a fine to the Municipal Court shall be deemed an acknowledgement of conviction of the alleged offense. The Municipal Court, upon accepting the fine, shall issue a receipt to the violator acknowledging payment of the fine.

§ 179-4 Contents of front of uniform Municipal Code citation.

The Community Development Director or his designee shall prepare the uniform Municipal Code citation which shall contain at least the following information, on its face:
A. 
An information section, serially numbered, containing spaces for the name, address, city and state of the person charged, the specific section number and common name of the offense charged under the Las Vegas City ordinance; the date and time the citation is given; the code enforcement officer's signature; and the conditions existing at the time of the violation;
B. 
A notice to appear, consisting of a separate box containing spaces for time and place where the person is to appear in court and a place for the person to sign an agreement to appear;
C. 
A penalty assessment notice, consisting of a separate box containing notice to the violator that a penalty assessment does not require a court appearance; notice that a payment of a penalty assessment is a complete satisfaction of the violation; spaces where the amount of the penalty assessment can be entered by the officer; and a place for a signature of the violator agreeing to pay the penalty assessment prescribed; and
D. 
A warning notice, consisting of a separate box containing a memorandum by the code enforcement officer that a violation of law has been committed and warning the violator that subsequent violations may cause citations to be issued; and a place for the violator's signature acknowledging receipt of the warning notice.

§ 179-5 Contents of back of uniform Municipal Code citation.

The Community Development Director or his designee shall prescribe the form on the back of each copy of the uniform Municipal Code citation as follows:
A. 
Violator's copy, containing at least the following alternative directions to the violator:
(1) 
If issued as a notice to appear, signing the citation is a promise to appear in court and not an admission of guilt; failure to appear is a Municipal Court violation subjecting the violator to another prosecution in addition to that of the offense alleged on the citation;
(2) 
If issued as a penalty assessment notice, the citation and payment must be mailed within 15 days to the Municipal Court, Las Vegas, New Mexico; failure to make payment as agreed is a municipal violation subjecting the violator to another prosecution in addition to that for the offense alleged on the citation; the full schedule of penalty assessment; and
(3) 
If issued as a warning notice, the citation does not require a court appearance but a copy will be forwarded to the Municipal Court of Las Vegas, New Mexico.
B. 
Original citation, with direction for the officer to forward it immediately to the Municipal Court.
C. 
Code enforcement officer's copy, indicating that it should be kept for his own records.

§ 179-6 Conduct of citing officer; notices by citation; warning notices.

A. 
Unless a warning notice is given, whenever a person is cited for any violation, pursuant to the provisions of this chapter, the code enforcement officer, using the uniform Municipal Code citation form, shall complete the information section, give the violator the option of admitting guilt by signing the violation and agreeing to pay the penalty assessment, or, if the violator denies guilt, the officer shall prepare a notice to appear in court, which date shall be no less than 10 nor more than 15 days from the date the citation is issued, specifying the time and place to appear, have the violator sign the agreement to appear as specified and give a copy of the citation to the violator.
B. 
The Code Enforcement Officer may issue a warning notice, but shall fill in the information section of the uniform Municipal Code citation form and give a copy to the violator after requiring his signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction. In this case, the officer shall keep both the original and his own copy of the citation.

§ 179-7 Uniform Municipal Code citation is complaint.

The uniform Municipal Code citation used as a notice to appear is a valid complaint, though not verified, in the event the person receiving the complaint voluntarily appears in court.

§ 179-8 Failure to obey notice to appear and failure to pay penalty assessment.

A. 
It is a Municipal Code offense for any person to violate his written promise to appear in court, given to an officer upon issuance a uniform Municipal Code citation, regardless of the disposition of the charge for which the citation was issued.
B. 
A written promise to appear may be complied with by appearance of counsel.
C. 
If a penalty assessment is not paid within 15 days from the date the citation is issued, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if penalty assessment notice had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided by the law relating to the particular offense charged, and the schedule of penalty assessment shall not apply.
D. 
In addition to the prosecution provided for in Subsection C of this section, it is a Municipal Court offense for any person who has elected to pay a penalty assessment to fail to do so within 15 days from the date the citation is issued.

§ 179-9 Penalty assessments for municipal violations; schedule of assessments.

As used in this chapter, "penalty assessment municipal violation" means violation of any of the following listed sections of the Las Vegas City Code, for which the listed penalty assessment is established:
Penalty Assessment
Common Name and Offense
Code Section Violated
First Offense
Second Offense
Subsequent Offenses
Littering
§ 301-6A
$25
$50
$100
Unsanitary premises
§ 301-6B
$25
$50
$100
Hazardous premises
§ 301-6C
$25
$50
$100
Accumulation of solid waste
§ 301-6D
$25
$50
$100
Solid waste receptacles
§ 301-6E
$25
$50
$100
Polluting water
§ 301-6F
$25
$50
$100
Outdoor vehicle storage
§ 301-6G
$25
$50
$100
Numbering of buildings
§ 143-1
$10
$25
$60
Restraint of animals
§ 118-10
$10
$25
$60
Animals disturbing the peace
§ 118-20
$10
$25
$60