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City of Las Vegas, NM
San Miguel County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[Adopted as Ch. 7, Art. 2 of the 1972 City Code]
Assault consists of either:
A. 
An attempt to commit a battery upon the person of another;
B. 
Any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery; or
C. 
The use of insulting language towards another impugning his honor, delicacy or reputation.
[Amended 5-21-1987 by Ord. No. 75-61]
Battery is the unlawful, intentional touching or application of force to the person of another when done in a rude, insolent or angry manner.
[Added 5-19-1994 by Ord. No. 82-31]
A. 
Harassment consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and which serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.
B. 
Whoever is convicted of harassment shall be punished pursuant to Chapter 20, Court, Municipal, Article IV, Costs.
[Added 5-19-1994 by Ord. No. 82-31]
A. 
Stalking consists of knowingly pursuing a pattern of conduct that poses a credible threat to another person and that is intended to place that person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint; provided that, in furtherance of the threat, the stalker must commit one or more of the following acts on more than one occasion:
(1) 
Following a person, other than in the residence of the stalker;
(2) 
Placing a person under surveillance by remaining present outside that person's school, residence, workplace or vehicle or any other place frequented by the person other than in the residence of the stalker; or
(3) 
Harassing a person.
B. 
As used in this section, "credible threat" means a threat, verbal or nonverbal, made with the intent and the apparent ability to carry out the threat, that would cause a reasonable person to fear for his safety or the safety of a household member, including a spouse, former spouse, family member, present or former household member or co-parent of a child.
C. 
Whoever is convicted of stalking shall be punished pursuant to Chapter 20, Court, Municipal, Article IV, Costs. Upon a second conviction, the offender shall be sentenced to a jail term of at least 72 consecutive hours that shall not be suspended, deferred or taken under advisement.
D. 
The provision of the harassment and stalking sections do not apply to:
(1) 
Picketing or public demonstration that are otherwise lawful or that arise out of a bona fide labor dispute; or
(2) 
A law enforcement officer in the performance of his duties.
Criminal trespass consists of unlawfully entering or remaining upon the lands or property of another knowing that any consent to enter or remain has been denied or withdrawn by the person or persons lawfully in possession of the premises or after the request or demand to leave the premises by the authorized representative of the person or persons lawfully in possession of the premises.
[Amended 11-5-2003 by Ord. No. 03-15]
Unreasonable noise consists of creating any unreasonably loud, disturbing or unnecessary noise of such character, intensity or duration as to be detrimental to the repose, life or health of others, including, but not limited to, the following specific noises which, if created, are in violation of this section:
A. 
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, which creates an unreasonable, loud or harsh sound or which occurs for an unnecessary and unreasonable period of time. This is not to include noise caused by accident or mechanical, electrical or other difficulty or failure.
B. 
The playing of any radio, television, phonograph, musical instrument or other sound-producing machine in such a manner or with such an unreasonable volume as to disturb the quiet, comfort or repose of any person in any dwelling, motel, hotel, hospital or sanatorium.
C. 
The use of any automobile, truck, bus or motorcycle which is out of repair to the extent as to create loud and unnecessary grating, grinding, rattling or other noise.
D. 
The use of any loudspeaker, drum, whistle, bell or other instrument or device for the purpose of attracting attention by the creation of sound to any performance, show, sale, display or merchandise or political candidate, party platform without first obtaining a written permit from the Mayor or his designated representative. The Mayor or his designed representative shall issue such permit, subject only to such reasonable standards of noise volume and hours of operation as he or his representative may adopt.
E. 
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 such institution or which disrupts or annoys occupants of said buildings.
F. 
The sounding of any device or piece of equipment, including but not limited to a "retarder," which is defined as any exhaust and/or engine device used as braking power, to slow down a motor vehicle's rate of speed.
[Amended 5-21-1987 by Ord. No. 75-61; 5-19-1994 by Ord. No. 82-31]
Disorderly conduct consists of either:
A. 
Engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace;
B. 
Maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house occupied by any person;
C. 
Using in any public place fighting words, which by their very utterance are likely to provoke a violent reaction in an average person to whom such words are addressed;
D. 
Making a course of obviously offensive utterances, gestures, or display in a public place;
E. 
Following a person in or about a public place with intent to harass or annoy;
F. 
Engaging in conduct or repeatedly committing acts that alarm or seriously annoy another person and that serve no legitimate purpose; or
G. 
Urinating or defecating in public view on any public place or on private property without the consent of the person lawfully in possession of the property.
[Amended 5-21-1987 by Ord. No. 75-61]
Unlawful assembly consists of three or more persons assembling together with intent to do any unlawful act with force or violence against the person or property of another, and who shall make any overt act to carry out such unlawful purpose.
Obstructing movement consists of either:
A. 
Hindering, annoying, or molesting persons passing along any street, sidewalk, crosswalk or other public way; or
B. 
Loitering, sitting or standing around at the entrance of any church, public hall, theater, public building or other place for public assemblage in any manner so as to obstruct such entrance.
[Amended 5-21-1987 by Ord. No. 75-61; 5-19-1994 by Ord. No. 82-31]
A. 
Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
(1) 
In the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
(2) 
In a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property; or except when the driver or occupants are under the influence of an intoxicant or narcotic; or
(3) 
By a peace officer in the lawful discharge of his duties.
B. 
Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
C. 
"Carrying a deadly weapon" means 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.
A. 
Negligent use of a deadly weapon consists of:
(1) 
Discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
[Added 5-21-1987 by Ord. No. 75-61]
(2) 
Carrying a firearm while under the influence of an intoxicant or narcotic;
[Added 5-21-1987 by Ord. No. 75-61]
(3) 
Endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner;
(4) 
Discharging a firearm within the City limits without legal justification.
B. 
The provisions of Subsection A(1), (3) and (4) of this section shall not apply to a peace officer or other public employee, who is required or authorized by law to carry or use a firearm in the course of his employment and who carries, handles, uses, or discharges a firearm while lawfully engaged in carrying out the duties of his office or employment.
[Added 5-21-1987 by Ord. No. 75-61]
A. 
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.
B. 
Unlawful sale of a deadly weapon consists of giving, selling, trading, bartering, or exchanging for anything of value any deadly weapon or ammunition for any firearm to any person under the age of 18 years; provided, however, that nothing herein contained shall be construed to prevent any parent or legal guardian from purchasing such a weapon or ammunition for his child or ward.
Propulsion of missiles consists of shooting, slinging or throwing snowballs, stones, rocks, pellets, BB shot 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. This provision shall not be construed to prohibit target firing when conducted so as to secure safety of the inhabitants of the City. Target firing may be permitted when conducted on ranges meeting the specifications of the National Rifle Association or its equivalent upon submitting proof that such range meets such specifications and upon obtaining a permit from the Mayor or his designated representative based on such proof.
A. 
Possession of fireworks consists of either selling, offering to sell, owning, possessing, manufacturing, transporting, or discharging any firecracker, roman candle, skyrocket, torpedo, bomb, or any type or form of explosive commonly known as "fireworks," unless such item has been declared by the Fire Chief as a safe and sane device and as not dangerous to persons or property.
B. 
Nothing herein contained shall be held to prevent such activities as may be authorized by compliance with the provisions of Commission Ordinance No. 137-1971, adopting the Fire Code.
C. 
The term "fireworks" shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing 0.25 grains or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistol paper caps which contain less than 0.20 grains of explosive mixture, the sale and use of which shall be permitted at all times.
D. 
Safe and sane devices as approved by the Fire Chief shall be those devices listed as approved for sale by the Fire Chief. Any device which propels any portion, part or projectile more than 10 feet in the air or has a report louder than the paper caps described above are not considered safe and sane.
E. 
Nothing herein contained shall be held to apply to or prohibit any employee of the State Game and Fish Department or the United States Fish and Wildlife Service from possessing fireworks for control of game birds and animals or to prohibit the City or any civic organization therein from sponsoring and conducting, in connection with any public celebration, an officially supervised and controlled fireworks display.
[1]
Editor's Note: See also Ch. 238, Fireworks.
Removal of barricades consists of knowingly or willfully removing, destroying or interfering with any barrier, guard or light placed before or at any dangerous place in or near the street, sidewalks or ways of the City for the purpose of warning or protecting travelers from injury or damage; provided the 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.
It is unlawful for any person, except students, officers or employees of the school or persons with lawful business on the premises, to knowingly enter or remain in the building, yard, or parking lot of a public, private school, preschool, primary or secondary school or college during regular school hours if:
A. 
The person is in violation of posted school regulations;
B. 
The person intends, as evidenced by some overt act, to disrupt or interfere with the activities of the students, officers or employees on the premises;
C. 
The person has been denied permission to enter or remain on the premises by the school administrator or his designated representative. It shall be grounds for denial of permission if the person commits the acts enumerated in Subsections A and B above, is on the premises without a justifiable school purpose, or has disrupted or interfered with activities of students, officers or employees at any school in the City in the past.
It is unlawful for any person to intentionally make or file with any law enforcement agency or employee of said agency, who is acting in his official capacity, any false, misleading, or unfounded report or statement knowing at the time it is made that said statement or report is false, unfounded or misleading.
[Amended 5-19-1994 by Ord. No. 82-31]
It is unlawful for anyone to conceal one's true name or identity or to disguise oneself or to exhibit any fictitious or false registration card, identification card, note, or other instrument for the purpose of deceiving or misleading with the intent to obstruct due execution of the law or with the intent to intimidate, hinder or interrupt any public officer, police officer, or any other person in the legal performance of his or her duties.
It shall be unlawful for any person to knowingly give a false alarm of need for rescue squad or ambulance assistance.
A. 
Impersonating a uniformed employee of the City of Las Vegas consists of any person pretending or falsely representing himself to be that employee or official of the City of Las Vegas with intent to deceive another.
B. 
Unauthorized wearing of uniform or badge consists of the wearing, or requiring the wearing, without authorization by the Chief of Police of the Las Vegas Police Department of a uniform or badge whose material, color or design or any combination of them is such that the wearer appears to be a member of the Las Vegas Police Department.
[Amended 5-21-1987 by Ord. No. 75-61]
Resisting, evading or obstructing an officer consists of:
A. 
Knowingly obstructing, resisting or opposing any officer of this state or any other duly authorized person serving or attempting to serve or execute any process or any rule or order of any of the courts of this state or any other judicial writ or process;
B. 
Intentionally fleeing, attempting to evade or evading an officer of this state when the person committing the act of fleeing, attempting to evade or evasion has knowledge that the officer is attempting to apprehend or arrest him;
C. 
Willfully refusing to bring a vehicle to a stop when given a visual or audible signal to stop, whether by hand, voice, emergency light, flashing light, siren or other signal, by a uniformed officer in an appropriately marked police vehicle; or
D. 
Resisting or abusing any judge, magistrate or peace officer in the lawful discharge of his duties.
Unauthorized use of vehicle signs consists of displaying on any vehicle, whether moving or parked, the words "police," "police department," "Las Vegas Police Department," "Department of Police," "LVPD," "Fire Department," "Las Vegas Fire Department" or words or insignia of similar import without authority of the Mayor or his designated representative; provided that nothing herein shall apply to any state police, county sheriff, or county fire department vehicles.
[Amended 5-19-1994 by Ord. No. 82-31]
A public nuisance consists of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either:
A. 
Injurious to public health, safety, morals or welfare; or
B. 
Interferes with the exercise and enjoyment of public rights, including the right to use public property.
[1]
Editor's Note: See also Ch. 301, Nuisances.
Escape from jail consists of any person who shall have been lawfully committed to any jail escaping or attempting to escape from such jail or from a work detail to which such person is assigned.
A. 
Escape from the custody of a police officer, corrections officer, bailiff, or probation officer consists of any person who shall have been placed under lawful arrest or who shall have been remanded to the custody of any police officer, corrections officer, bailiff, probation officer, or the Department of Corrections-Detention pursuant to court order, escaping or attempting to escape from the lawful custody or control of a police officer, corrections officer, bailiff, probation officer, or the Department of Corrections-Detention.
B. 
Escape from the custody of a hospital consists of any person who shall have been placed under lawful arrest or who shall have been remanded to the custody of any police officer, corrections officer, bailiff, probation officer, or the Department of Corrections-Detention pursuant to court order, escaping or attempting to escape from the lawful custody or control of a hospital to which the person has been assigned.
Assisting escape consists of either:
A. 
Intentionally aiding any person confined or held in lawful custody or confinement to escape; or
B. 
Any officer, jailer or other employee intentionally permitting any prisoner in his custody to escape.
[Amended 12-15-1988 by Ord. No. 77-23]
A. 
It shall be unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to telephone another and use any obscene, lewd or profane language or suggest any lewd, criminal or lascivious act, or threaten to inflict injury or physical harm to the person or property of any person. It shall also be unlawful for any person to attempt by telephone to extort money or other things of value from any other person, or to otherwise disturb by repeated anonymous telephone calls the peace, quiet or right of privacy of any other person at the place where the telephone call or calls were received, or to maliciously make a telephone call, whether or not conversation ensues, with intent to annoy or disturb another, or to disrupt the telecommunications of another.
B. 
The use of obscene, lewd or profane language or the making of a threat or statement as set forth in Subsection A shall be prima facie evidence of intent to terrify, intimidate, threaten, harass, annoy or offend.
C. 
Any offense committed by use of a telephone as set forth in this section shall be deemed to have been committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received.
[Added 5-21-1987 by Ord. No. 75-61]
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 any angry or quarrelsome manner in any public place, to the disturbance of others.