[Adopted as Ch. 7, Art. 3 of the 1972 City Code]
[Amended 1-14-1993 by Ord. No. 81-13]
A. 
Criminal damage to private property. Criminal damage to private property consists of intentionally damaging to a value of less than $1,000 any real or personal property of another without the consent of the person lawfully in possession of the property.
B. 
Criminal damage to public property. Criminal damage to public properties consists of intentionally damaging to a value of less than $1,000 any real or personal property of the City, County of San Miguel, State of New Mexico, or United States Government, without the consent of the owner thereof.
[Added 1-14-1993 by Ord. No. 81-13; amended 2-15-1995 by Ord. No. 83-11; 12-17-2008 by Ord. No. 08-17]
A. 
The marking of graffiti consists of intentionally defacing or marking any real or personal property of another with graffiti or other inscribed material, inscribed in acid etching or ink markers, paint, shoe polish, spray paint, crayon, charcoal or any other material capable of making marks or inscriptions on any surface without the consent of the owner of the property.
B. 
A person who commits the marking of graffiti is guilty of a misdemeanor punishable as provided in the following subsection.
C. 
Upon conviction of the offense, the penalty, none of which can be suspended or deferred, shall include a fine of a minimum of $150 up to a maximum of $500 and/or up to 90 days in jail, plus court costs and 40 hours' community service within a four-month period immediately following conviction, the payment of $75 or more from the fine amount going to the City of Las Vegas Graffiti Education and Removal Fund, and payment of restitution to the affected property owner or to the City for damage to property and the cost of removal or restoration.
D. 
The City Manager shall appoint an Antigraffiti Coordinator within City government. The Antigraffiti Coordinator's primary charge is graffiti eradication in the City. The Antigraffiti Coordinator shall be a centralized source of education, advice and assistance on the removal and voidance of graffiti as well as the place for the City to collect information on graffiti's occurrence on both public and private property. The Antigraffiti Coordinator shall submit monthly reports on the elimination program to the Mayor, Council, City Manager, Director and Chief of Police.
E. 
Whenever the City becomes aware of the existence of graffiti on any real property, including structures, within the City and visible from the public right-of-way or City-owned land, the Antigraffiti Coordinator shall give or cause to be given notice that the graffiti should be removed or effectively obscured within 10 calendar days thereafter of notice being conveyed by the City, removal being either by the person in charge of the property or by the City or the City's agent. A reasonable, good-faith effort shall be made to deliver the notice to the owner or person in charge of the property. The owner or person in charge of the property may cause the graffiti to be removed or completely obliterated; if this is that person's intent, the person should so advise the Antigraffiti Coordinator within 10 calendar days from the time the notice is delivered if the property owner/agent will remove the graffiti with the time specified. Within a similar period, the owner/agent may advise the office that the marking identified was authorized by the owner or person in charge of the property and thus is not graffiti as defined in this section; the City will then not authorize removal.
F. 
The Antigraffiti Coordinator shall implement a program of graffiti removal as follows:
(1) 
If the owner or person in control of the property does not notify the Antigraffiti Coordinator that he/she will remove the graffiti or, alternatively, that it is not graffiti because the installation was authorized as provided in Subsection E of this section, the owner or person in control of the property will be cited in Municipal Court.
(2) 
The City of Las Vegas is authorized to sue those ordered by local courts who fail to perform community service for such removal work.
(3) 
The Antigraffiti Coordinator is authorized to ensure that all graffiti on City-owned property is eliminated on a timely basis once the graffiti is discovered or reported.
(4) 
The Antigraffiti Coordinator shall ensure coordination and shall set standards for all graffiti removal work performed by the City or its agents.
G. 
Sale or furnishing of aerosol paint container to persons under the age of 18 years old. It shall be unlawful for any person, firm or corporation, except a parent or legal guardian, to sell, give away, or in any way furnish to another person, who is in fact under the age of 18 years, any aerosol container of paint that is capable of defacing property without first obtaining bona fide evidence of majority and identity. For the purpose of this section, "bona fide evidence of majority and identity" is any document evidencing the age and identity of an individual which has been issued by a federal, state, or local government entity, and includes, but is not limited, to a driver's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the armed forces.
H. 
Display of aerosol spray paint containers. It shall be unlawful for any person, firm or corporation doing business within the City of Las Vegas to store, stock, keep or display for sale or transfer any aerosol spray paint container, or any indelible acid etching, in an area other than a place that is locked and secure or is otherwise made unavailable to the public and which is accessible only to employees of such businesses.
A. 
Petty larceny consists of the stealing of anything of value of $100 or less which belongs to another.
B. 
Shoplifting consists of any one or combination of the following acts:
(1) 
Willfully taking possession of any merchandise with the intention of converting it without paying for it.
(2) 
Willfully concealing any merchandise with the intention of converting it without paying for it.
(3) 
Willfully altering any label, price tag, or marking upon any merchandise with the intention of depriving the merchant of all or some part of the value of it.
(4) 
Willfully transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MERCHANDISE
Chattels of any type or description of the value of $100 or less offered for sale in or about a store.
MERCHANT
Any owner or proprietor of any store or any agent, servant or employee of the owner or proprietor.
STORE
A place where merchandise is sold or offered to the public for sale or retail.
D. 
Presumption created. Any person who willfully conceals merchandise on his person or on the person of another or among his belongings or the belongings of another or on or outside the premises of the store shall be prima facie presumed to have concealed the merchandise with the intention of converting it without paying for it. If any merchandise is found concealed upon any person or among his belongings, it shall be prima facie evidence of willful concealment.
E. 
Reasonable detention.
(1) 
If any police officer, special officer, or merchant has probable cause for believing that a person has willfully taken possession of any merchandise with the intention of converting it without paying for it, or has willfully concealed merchandise and that he can recover the merchandise by detaining the person or taking him into custody, police officers, special officers, or merchant may for the purpose of attempting to effect a recovery of the merchandise take a person into custody and detain him in a reasonable manner for a reasonable time.
(2) 
Any police officer may arrest without warrant any person he has probable cause for believing has committed the crime of shoplifting.
Fraud consists of the intentional misappropriation or taking of anything of value of $100 or less which belongs to another by means of fraudulent conduct, practices or representations.
Embezzlement consists of the embezzling or converting by a person to his own use, anything of a value of $100 or less, with which he has been entrusted, with fraudulent intent to deprive the owner thereof.
Issuing a worthless check consists of issuing in exchange for anything of value with intent to defraud any check, draft, or order to the payment of money in the amount of $25 or less drawn upon any bank or other depository knowing at the time of the issuing that the offender has insufficient funds, credit or no account with the bank or other depository, for the payment of such check, draft, or order in full upon its presentation.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANYTHING OF VALUE
Includes money, goods, and services.
CARD HOLDER
The person or organization identified on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
CREDIT CARD
Any instrument or device whether known as a credit card, credit plate, charge card or by other name issued with or without fee by an issuer for the use of a card holder in obtaining money, goods, services or anything of value, either on credit or in consideration of an understanding or guarantee by the issuer of the payment check drawn by the card holder.
EXPIRED CREDIT CARD
A credit card which shows on its face that it is outdated.
INCOMPLETE CREDIT CARD
A credit card upon which a part of the matter, other than the signature of a card holder, which an issuer requires to appear on the credit card before it can be used by a card holder, has not been stamped, embossed, imprinted, or written on it.
ISSUER
The business organization or financial institution or its duly authorized agent which issues a credit card.
MERCHANT
Every person who is authorized by an issuer or a participating party to furnish money, goods, services or anything else of value upon presentation of a credit card by a card holder.
PARTICIPATING PARTY
A business organization or financial institution other than the issuer which acquires for value a sales slip or agreement.
REVOKED CREDIT CARD
A credit card for which the permission to use has been suspended or terminated by the issuer and notice thereof has been given to the card holder.
SALES SLIP OR AGREEMENT
Any writing evidencing a credit card transaction.
B. 
Theft of a credit card. A person who takes a credit card from the person in possession, custody or control of another without the card holder's consent, or who, with knowledge that it has been taken, acquires or possesses a credit card with the intent to use it or sell it, or to transfer it to a person other than the issuer or the card holder, is guilty of a violation of this code. Taking a credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common law larceny, trespassory taking, common law larceny by trick, embezzlement or obtaining property by false pretenses, false promise or extortion.
C. 
Possession of a credit card which has been stolen, lost, mislaid or delivered by mistake. A person other than the issuer who receives or possesses a credit card that he knows or has reason to know to have been stolen, lost, mislaid or delivered under a mistake as to the identity or address of the card holder, and who retains possession thereof with the intent to use it or sell it or to transfer it to a person other than the issuer or the card holder is guilty of violating this code.
D. 
Fraudulent transfer or receipt of a credit card. A person other than the issuer, or his authorized agent, who, with intent to defraud, transfers possession of a credit card to a person other than person whose name appears thereon, or a person who with intent to defraud receives possession of a credit card issued in the name of a person other than himself from a person other than the issuer, or his authorized agent, is guilty of violating this code.
E. 
Fraudulent taking, receiving or transferring credit cards. Any person who with intent to defraud receives, sells, or transfers a credit card by making, directly or indirectly, any false statement of a material fact, either orally or in writing, respecting his identity or financial condition or that of any other person, firm or corporation, is guilty of violating this code.
F. 
Fraudulent signing of credit cards or sales slips or agreements. Any person other than the card holder or a person authorized by him who with intent to defraud signs the name of another or of a fictitious person to a credit card or to a sales slip or agreement is guilty of violating this code.
G. 
Fraudulent use of a credit card. Any person who with intent to defraud uses to obtain anything of value of $100 or less a credit card acquired in violation of this code or a credit card which is invalid, expired, or revoked or who falsely represents that he is the card holder named on the credit card is guilty of violating this code. Each act or transaction of $100 or less shall constitute a separate violation of this code.
H. 
Fraudulent acts by merchants or their employees. Any merchant or his employee is guilty of this code who with intent to defraud:
(1) 
Furnishes anything of value of $100 or less upon presentation of a credit card he knows has been obtained or retained in violation of this code or a credit card which he knows is invalid, expired, or revoked. Each act or transaction of $100 or less shall constitute a separate violation of this code.
(2) 
Fails to furnish anything of value where the difference between the value of anything actually furnished and the value represented by the merchant to the issuer or participating party is less than $100 and which he represents in writing to the issuer or a participating party that he has furnished in a credit card or cards of the issuer. Each act or transaction of $100 or less shall constitute a separate violation of this code.
I. 
Possession of incomplete credit cards. A person who possesses an incomplete credit card with intent to defraud is guilty of violating this code.
J. 
Receipt of property. Any person who receives money, goods or services, or anything else of value of $100 or less, obtained by another person through the use of a credit card possessed in violation of this section, and who knows or has reason to believe that it was so obtained shall be guilty of violating this code.
K. 
Presumption created. For the purpose of this code, every credit card, whether valid, expired, incomplete, or revoked, is presumed to have value and proof of said value is not necessary in any prosecution hereunder.
A. 
"Receiving stolen property" means the intentional receiving, retaining or disposing of stolen property knowing that it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.
B. 
The requisite knowledge or believe that property has been stolen is presumed in the case of an individual or dealer who:
(1) 
Is found in possession or control of property stolen from two or more persons on separate occasions; or
(2) 
Acquires stolen property for a consideration which the individual or dealer knows is far below the property's reasonable value. A dealer shall be presumed to know the fair market value of the property in which he deals.
C. 
For the purposes of this section, "dealer" means a person in the business of buying or selling goods or commercial merchandise.
D. 
Whoever receives stolen property when the value of the property is $100 or less is guilty of violating this code.[1]
[1]
Editor's Note: Former § 7-3-8, Outdoor automotive storage, which immediately followed this section, was repealed 12-19-1984 by Ord. No. 73-20.
A. 
Damaging or tampering with a motor vehicle consists of any person who shall individually or in association with one or more persons:
(1) 
Purposely, and without authority from the owner, start, or cause to be started, the motor of any motor vehicle;
(2) 
Purposely and maliciously shall shift or change the starting device or gears of a standing motor vehicle to a position other than that in which they were left by the owner or driver of said motor vehicle;
(3) 
Purposely scratches or damages the chassis, running gear, body, sides, top covering or upholstering of a motor vehicle, the property of another;
(4) 
Purposely destroys any part of a motor vehicle or purposely cuts, mashes, marks or in any other way destroys or damages any part, attachment, fastening or appurtenance of a motor vehicle, without the permission of the owner thereof;
(5) 
Purposely drains or starts the drainage of any radiator or oil tank or gas tank upon a motor vehicle without the permission of the owner thereof;
(6) 
Purposely puts any metallic or other substance or liquid in the radiator, carburetor, oil tank, grease cup, oilers, lamps, gas tanks or machinery of the motor vehicle with the intent to damage the same or impede the working of the machinery thereof;
(7) 
Maliciously tightens, disconnects, loosens, or removes any part of any motor vehicle belonging to another;
(8) 
Purposely releases the brake upon a standing motor vehicle, with the intent to damage said machine; or
(9) 
Purposely enters or remains in any motor vehicle without the consent of the owner thereof.
B. 
Nothing in this section shall apply to a police officer or firefighter acting in the scope of his or her duties or to any other person acting at the direction of said police officer or firefighter.
Falsely obtaining services or accommodations consists of any person obtaining any service, petroleum product, food, entertainment or accommodations of a value of $100 or less without paying therefor, and with the intent to cheat the owner or person supplying such service, petroleum product, food, entertainment or accommodations.