[Adopted as Ch. 7, Art. 4 of the 1972 City Code]
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; provided that a
bet shall not include:
Bona fide business transactions which are valid under the law
of contracts, including, without limitation:
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 such contest;
A lottery as defined in this section; or
Betting otherwise permitted by law.
A contrivance which for a consideration affords the player
an opportunity to obtain anything of value, the award of which is
determined by chance, even though accompanied by some skill, and whether
or not the prize is automatically paid by the device.
Any building, tent, vehicle (whether self-propelled or not),
or any room within any of them, a principal use of which is any of
the following: making and settling bets; receiving, holding, recording
or forwarding bets or offers to bet; conducting lotteries; or playing
gambling devices.
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
subsection, "consideration" means anything of pecuniary value required
to be paid to the promoter in order to participate in such enterprise.
Gambling consists of either:
Commercial gambling consists of either:
A.
Participating in the earnings of or operating a gambling place;
B.
Receiving, recording, or forwarding bets or offers to bet;
C.
Possessing facilities with the intent to receive, record, or forward
bets or offers to bet;
D.
For gain, becoming a custodian of anything of value bet or offered
to bet;
E.
Conducting a lottery where both the consideration and the prize are
money, or whoever with intent to conduct lottery possesses facilities
to do so; or
F.
Setting up for use for the purpose of gambling or collecting the
proceeds of any gambling device.
Permitting premises to be used for gambling consists of either:
A.
Dealing in gambling devices consists of manufacturing, transferring
commercially, or possessing with intent to transfer commercially any
of the following:
(1)
Anything which he knows evidences, purports to evidence, or is designed
to evidence participation in gambling;
(2)
Any device which he knows is designed exclusively for gambling purposes
or anything which he knows is designed exclusively as a subassembly
or essential part of such device. This includes, without limitation,
gambling devices, numbers jars, punchboards, or roulette wheels.
B.
Proof of possession of any device designed exclusively for gambling
purposes which is not in a gambling place is not set up for use is
prima facie evidence of possession with intent to transfer.
A.
Nothing in §§ 192-46 through 192-48 shall be construed to apply to any sale or drawing of any prize for the benefit of any church, public library, or religious society situated or being in this City, or for 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 or charitable purpose and no part of such proceeds go to any individual member or employee thereof.
B.
Nothing in §§ 192-45 through 192-48 shall be held to prohibit any bona fide motion-picture theater from offering prizes of cash or merchandise for advertising purposes in connection with such business or for the purpose of stimulating business, whether or not any consideration other than a monetary consideration in excess of the regular price of admission is exacted for participation in drawings for prizes.
C.
Nothing in §§ 192-45 through 192-49 shall be held to apply to any bona fide county or state fair, including fairs for more than one county, which have been held annually at the same location for at least two years and which offer prizes of livestock or poultry in connection with such fair when the proceeds of such drawings shall be used for the benefit of said fair.
Fraudulently operating a lottery consists of operating or managing
any lottery which does not provide a fair and equal chance to all
participants, or which lottery is conducted in a manner tending to
defraud or mislead the public.
[Amended 5-19-1994 by Ord. No. 82-31]
Drinking in public is unlawful and consists of drinking or consuming
alcoholic liquors (as the term is defined in NMSA 1978, § 60-3A-3,
as amended):
A.
In any neighborhood park;
B.
Within 100 feet of any establishment licensed to dispense alcoholic
liquors; or
C.
In any public place or establishment unless the establishment is
licensed to sell and serve alcoholic beverages, except as follows:
[Amended 3-20-2013 by Ord. No. 13-02]
(1)
The
sale and consumption of beer is permitted at Henry Martinez field
located at or near 1308 Grant Street, Las Vegas, New Mexico.
(a)
Sale and consumption of beer shall occur only at professional baseball
activities.
(b)
Sale and consumption of beer shall occur only in secured locations.
(c)
Alcohol may only be sold by licensed servers who shall do their best
to limit consumption by any patron to an amount of less than three
twelve-ounce beers.
(d)
Only alcohol purchased from City preapproved vendors can be consumed
at the park.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
Cannabis shall be defined as provided in the Cannabis Regulation
Act[1]. It shall be unlawful to use, possess, cultivate, process,
manufacture, sell, give away, or take any other action regarding cannabis
that is contrary to law.
[1]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
[Added 1-7-2004 by Ord. No. 03-19]
A.
It is unlawful for a person to use or possess with intent to use
drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce in the human body a controlled substance in violation of
the Controlled Substances Act (NMSA 1978, § 30-31-1). The
provisions of this subsection do not apply to a person who is in possession
of hypodermic syringes or needles at the time he is directly and immediately
engaged in a harm reduction program, as provided in Harm Reduction
Act (NMSA 1978, §§ 24-2C-1 to 24-2C-6).
B.
It is unlawful for a person to deliver, possess with intent to deliver
or manufacture with the intent to deliver drug paraphernalia with
knowledge, or under circumstances where one reasonably should know,
that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce in the human body a controlled substance in violation of
the Controlled Substances Act (NMSA 1978, § 30-31-1). The
provisions of this subsection do not apply to:
(1)
Department of Health employees or their designees while they are
directly and immediately engaged in activities related to the harm
reduction program authorized by the Harm Reduction Act; or
(2)
The sale or distribution of hypodermic syringes and needles by pharmacists
licensed pursuant to the Pharmacy Act (Chapter 61, Article 11, NMSA
1978).
C.
A person who violates this section with respect to Subsection A of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment for a definite term less than one year, or both. A person who violates this section with respect to Subsection B of this section is guilty of a misdemeanor.
Aiding an illegal activity consists of either:
A.
Being found in any place where gambling or prostitution is being
conducted, with knowledge of such activity; or
B.
Giving or attempting to give any signal intended to or calculated
to warn or give warning of the approach of any police officer to any
person in or about any building, trailer, motor vehicle, premises,
or establishment used for any illegal activity or where any illegal
activity is being conducted.
Lewd or immoral acts consist of either:
A.
Knowingly engaging or offering to engage in the following acts for
hire: sexual intercourse, fellatio, cunnilingus, anal intercourse
with a prostitute, or masturbation of another.
B.
Entering or remaining in a house of prostitution with intent to engage
in sexual intercourse, fellatio, cunnilingus, or anal intercourse
with a prostitute, or to masturbate or be masturbated by a prostitute.
C.
Knowingly hiring or offering to hire a person to engage in sexual
intercourse, fellatio, cunnilingus, or anal intercourse, or to masturbate
oneself or another.
D.
Knowingly establishing, owning, maintaining or managing a house of
prostitution, or participating in the establishment, ownership, maintenance
or management thereof.
E.
Knowingly permitting any place which a person partially or wholly
owns or controls to be used as a house of prostitution.
F.
Knowingly procuring a prostitute for a house of prostitution.
G.
Knowingly inducing another to become a prostitute.
H.
Knowingly soliciting a patron for a prostitute or for a house of
prostitution.
I.
Knowingly procuring a prostitute for a person.
J.
Knowingly procuring transportation for, paying for the transportation
of, or transporting a person within the City with the intention of
promoting that person's engaging in prostitution.
K.
Knowingly being employed by a house of prostitution to perform any
function which constitutes promoting prostitution.
A.
Unlawfully inhaling volatile solvents consists of intentionally smelling,
breathing, or inhaling the fumes or vapors from any paint, glue, gasoline
or any similar substance containing one or more volatile solvents
for the purpose of causing a condition of intoxication, inebriation,
stupefication, euphoria, exhilaration, or the dulling of the brain
or the nervous system.
B.
As used in this section, the term "volatile solvent" shall include,
but not limited to, the following types of chemical compounds:
C.
Nothing in this section shall preclude a person from smelling, breathing,
or inhaling one or more volatile solvents when done under the supervision
of a physician, podiatrist, or dentist in the course of his professional
practice.
D.
It is the intent of this section that, by making unlawful inhalation
of volatile substances an offense, inhalant abusers can be identified
and treated.
[Amended 5-19-1994 by Ord. No. 82-31]
Indecent exposure consists of a person knowingly and intentionally
exposing his primary genital area to public view. Primary genital
area means the mons pubis, penis, testicles, mons veneris, vulva or
vagina.
[Added 2-18-2009 by Ord. No. 08-16]
A.
CHILD or CHILDREN
CONVICTION
DAY-CARE FACILITY
PLAYGROUND
PROHIBITED AREA
RESIDENCE
SCHOOL
SEX OFFENDER
(1)
(2)
(3)
(4)
(a)
(b)
SEX OFFENSE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Definitions. Wherever used in this section, the following words or
phrases shall have the meanings ascribed to them as follows:
An individual(s) younger than 18 years of age.
A conviction in any court of competent jurisdiction and includes
a deferred sentence, but does not include a conditional discharge.
A child-care institution, a day-care center, and/or a group
day-care home which regularly provides day care supervision for children,
other than the child's family home. "Day-care facility" also includes
but is not limited to the location and property of "Childhaven, Inc."
Any land or specially designed area, including improvements
to the land, that is administered, owned, operated or managed by a
school, school district, day-care facility or the City, and is furnished
with equipment specially for the use of children or where children
frequently play and attend activities.
Private or public elementary or secondary schools, playgrounds,
parks, recreational fields, the City's recreational center and day-care
facilities.
A place where a person abides, resides or lodges for a period
of four or more days in the aggregate, during any calendar year.
A private or public elementary or secondary school.
A person who:
Is a resident of New Mexico who is convicted of a sex offense
pursuant to state, federal, tribal or military law;
Changes residence to New Mexico, when that person has been convicted
of a sex offense pursuant to state, federal, tribal or military law;
Does not have an established residence in New Mexico, but lives
in a shelter, hotel, motel, halfway house or transitional living facility
or stays in multiple locations in New Mexico and who has been convicted
of a sex offense pursuant to state, federal, tribal or military law;
or
Is a resident of another state and who has been convicted of
a sex offense pursuant to state, federal, tribal or military law,
but who is:
Employed full time or part time in New Mexico for a period of
time exceeding 14 days or for an aggregate period of time exceeding
30 days during any calendar year, including any employment or vocation,
whether financially compensated, volunteered or for the purpose of
government or educational benefit; or
Enrolled on a full-time or part-time basis in a private or public
school or an institution of higher education in New Mexico.
Any of the following offenses or their equivalents in any
other jurisdiction:
Aggravated criminal sexual penetration or criminal sexual penetration
in the first, second, third or fourth degree, as provided in NMSA
1978, § 30-9-11;
Criminal sexual contact in the fourth degree, as provided in
NMSA 1978, § 30-9-12;
Criminal sexual contact of a minor in the second, third or fourth
degree, as provided in NMSA 1978, § 30-9-13;
Sexual exploitation of children, as provided in NMSA 1978, § 30-6A-3;
Sexual exploitation of children by prostitution, as provided
in NMSA 1978, § 30-6A-4;
Kidnapping, with intent to inflict a sexual offense on the victim,
as provided in NMSA 1978, § 30-4-1A(4), when the victim
is less than 18 years of age and the offender is not a parent of the
victim;
Aggravated indecent exposure, as provided in NMSA 1978, § 30-9-14.3;
Solicitation to commit criminal sexual contact of a minor in
the second, third or fourth degree, as provided in NMSA 1978, § 30-9-13;
or
B.
Offenses. Sex offenders shall not acquire, or newly occupy any real
property, acquire any real property (by lease, deed, title or otherwise)
or establish a place of lodging within 1,000 feet of the real property
comprising private or public elementary or secondary schools, playgrounds,
parks, recreational fields, the City's recreational center, day-care
facilities or other prohibited area.
C.
Distance. The distance of 1,000 feet shall be measured on a straight
line from the closest boundary line of the sex offender's residence
to the closest boundary line of the prohibited area. This determination
shall be made by the City of Las Vegas Police Department.
D.
Exceptions. A person does not commit an offense under this section
if the person:
(1)
Is required to serve a sentence at a jail, prison, juvenile facility
or other correctional institution, or required to live in a residence
as a condition of parole, located within 1,000 feet of the prohibited
area;
(2)
Is less than 18 years of age or a ward under a guardianship, who
resides with a parent or guardian;
(3)
Has been exempted by a court from the requirements in accordance
with this section;
(4)
Has had the sex offense reversed on appeal or pardoned; or
E.
Penalties. Any person who violates this section shall be guilty of
a misdemeanor and, upon conviction thereof, shall be subject to the
payment of a fine of up to $500 and/or imprisonment up to 90 days,
for each violation of this section, each day of such violation constituting
a separate offense.
F.
Enforcement. The enforcement of this section will be the responsibility
of law enforcement agencies. Citizens will be encouraged to report
violations to the Las Vegas Police Department who will then investigate
and determine if a violation has occurred. If a violation has occurred,
appropriate enforcement action will then be taken.
