Doña Ana County, NM Article III General Penalty

§ 1-19 Violations defined.

A. In this article, "violation of this Code" means any of the following:

(1) Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulations authorized by ordinance.

(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulations authorized by ordinance.

(3) Failure to perform an act if the failure is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulations authorized by ordinance.

B. In this article, "violation of this Code" does not include the failure of a County officer or a County employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this article.

§ 1-20 Enforcement of penalties.

A. County ordinances may be enforced by prosecution in any court of competent jurisdiction of the County. Except as otherwise provided, a person convicted of a violation of this Code shall be punished by a fine not exceeding $300, imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment, except that any person convicted of discarding or disposing of refuse, litter or garbage on private or public property in any manner other than by disposing it in an authorized landfill shall be punished by a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment. Except where otherwise provided, every day any violation of this Code or any other ordinance or resolution of the County shall continue shall constitute a separate offense.

B. The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or other administrative actions.

C. Prosecutions of violations under this section may be commenced by the issuance of a citation charging the violation. Citations may be issued by the Code Enforcement Officer of the County or an employee of the County authorized by the Board of County Commissioners to issue such citations.

D. Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent the granting of equitable relief. (NMSA § 4-37-3)