Village of Bosque Farms, NM Section 1-3 Enforcement and Penalties

[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms as Secs. 1-1-10 through 1-1-16 of the 1980 Code. Amendments noted where applicable.]

§ 1-3-1 General penalty. [1]

Whenever in this Code or any other ordinances or resolutions of the municipality or any rule or regulation promulgated under the provisions of this Code any act is prohibited or declared to be unlawful or an offense or a misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this Code or other ordinances or resolutions of the municipality hereafter enacted or of such rules or regulations shall be punished by a fine of not more than $500 or by imprisonment in jail not exceeding 90 days, or by both such fine and imprisonment. Every day any violation of this Code or any other ordinance or resolution of the municipality or any rule or regulation promulgated under the provisions of this Code continues shall constitute a separate offense.

[1] Editor's Note: Amended at time of adoption of Code (see Section 1-1).

§ 1-3-2 Summons.

In cases involving alleged violations of any provision of this Code not amounting to a breach of the peace, the first process shall be a citation or summons requiring the party charged to appear before the Municipal Court at a time fixed in the citation or summons. Should the party charged fail to appear as required, a warrant for his or her arrest shall be forthwith issued by the Municipal Judge for the offense specified in the citation or summons, commanding that the party charged shall be arrested and be taken before the Court to be tried for the alleged offense, or be allowed to post an appropriate bond.

§ 1-3-3 Suspension of sentence; probation; community service.

A. Upon entry of a plea of guilty or judgment of conviction, the Municipal Court may suspend, in whole or in part, the execution of sentence, or may place the defendant on probation for a period not exceeding one year, on conditions the court deems best, or both; provided that suspension of execution of the sentence or probation, or both, shall be granted only when the Municipal Judge is satisfied it will serve the ends of justice and of the public, and that the defendant's liability for any fine or other punishment imposed is fully discharged upon successful completion of the terms and conditions of probation.

B. The Court may, as a condition of probation, require the defendant to serve a period of time in volunteer labor to be known as "community service." The type of labor and period of service shall be at the sole discretion of the Court; provided that any person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and any person who performs community service pursuant to court order or any criminal diversion program shall not be entitled to any wages, shall not be considered an employee for any purpose and shall not be entitled to workmen's compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this Subsection B, "community service" means any labor that benefits the public at large or any public, charitable or educational entity or institution.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Section 1-1).

§ 1-3-4 Issuance of ordinance violation citations.

A. Procedure for police officers.

(1) Whenever a person is cited by a police officer after violating an ordinance of the Village of Bosque Farms not amounting to a breach of the peace punishable by fine and/or imprisonment, the citing police officer will prepare, in triplicate, the ordinance violation citation form. This form will be provided by the Village of Bosque Farms and is a written notice to appear in Municipal Court. Said citation shall contain the name, address, telephone number, driver's license number or social security number of the person accused; the number of the ordinance alleged to have been violated; the date, place, and time of the alleged violation; names and addresses of any witnesses; and the date, time and place of the court hearing the citation.

(2) At the time the citation is written, the officer shall deliver a copy of the ordinance violation citation to the person accused.

B. Procedure for the Mayor or his designated agents. Whenever the Mayor or his designated agent(s) has probable cause to believe that a person has violated any ordinance of the Village of Bosque Farms, excluding traffic violations not amounting to a breach of the peace, but punishable by fine and/or imprisonment, the Mayor or his designated agent(s) shall prepare in triplicate the ordinance violation citation form which is described in Subsection A of this section. At the time the citation is written, the Mayor or his designated agent(s) shall deliver a copy of the ordinance violation citation to the accused.

§ 1-3-5 Failure to obey citations.

It shall be unlawful for any person to fail to appear at the court hearing which is set on the ordinance violation citation, regardless of the disposition of the charge for which the citation was originally issued.

§ 1-3-6 Procedure not exclusive.

The foregoing provisions of this Code shall not be exclusive of any other method prescribed by law for the prosecution of a person for a violation of any ordinance of the Village of Bosque Farms or for a violation of any other law within the power of the Village to enforce.[1]

[1] Editor's Note: Original § 1-1-16 of the 1980 Code, Penalty, which immediately followed this section, was repealed at time of adoption of Code (see Section 1-1).