[Adopted as Ch. 1, Secs. 1-9 through 1-12, of the Code of
Ordinances]
A.
The procedures established, as set out in the rules of criminal procedure
for the municipal courts of the state, governing the issuance of summons
and warrants for arrest in criminal cases are hereby adopted by reference
as they are presently enacted and hereinafter amended.
B.
The procedures and forms utilized by the state police in the issuance
of a state non-traffic citation may be adopted and utilized by the
City Police Department.
[Amended 5-24-1994 by Ord. No. 516]
A.
Violations
defined.
(1)
In this section, the expression "violation of this Code" means any
of the following:
(a)
Doing an act that is prohibited or made or declared unlawful,
an offense or a misdemeanor by ordinance or by rule or regulation
authorized by ordinance.
(b)
Failure to perform an act that is required to be performed by
ordinance or by rule or regulation authorized by ordinance.
(c)
Failure to perform an act if the failure is declared a misdemeanor
or an offense or unlawful by ordinance or by rule or regulation authorized
by ordinance.
(2)
In this section, "violation of this Code" does not include the failure
of a City officer or City employee to perform an official duty unless
it is provided that failure to perform the duty is to be punished
as provided in this section.
B.
Penalties.
(1)
Except as otherwise provided, a person convicted of a violation of
this Code shall be punished by a fine not exceeding $500, imprisonment
for a term not exceeding 90 days, or by both such fine and imprisonment.
With respect to violations of this Code that are continuous with respect
to time, each day the violation continues is a separate offense.
(2)
The penalty for violations of an ordinance prohibiting driving a
motor vehicle while under the influence of intoxicating liquor or
drugs shall be a fine of not more than $999 or imprisonment for not
more than 179 days, or both.
(3)
The penalty for violations of an industrial user wastewater pretreatment
ordinance as required by the United States Environmental Protection
Agency shall be a fine of not more than $999 per day for each violation.
C.
Additional
remedies.
(1)
The imposition of a penalty does not prevent revocation or suspension
of a license, permit or franchise or other administrative actions.
(2)
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, however, does not prevent the
simultaneous granting of equitable relief in appropriate cases.
[Added 8-18-1987 by Ord. No. 416]
A.
Upon a plea of guilty or a judgment of conviction for violation of
a municipal ordinance, the municipal court may suspend, in whole or
in part, the execution of sentence or place the defendant on probation
for a period not exceeding one year on terms and conditions the court
deems best, or both.
B.
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.
C.
The defendant's liability for any fine or other punishment imposed
shall be fully discharged upon successful completion of the terms
of probation.
D.
The municipal 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, however, 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 workers' compensation, unemployment
benefits or any other benefits otherwise provided by law. As used
in this section, the expression "community service" means any labor
that benefits the public at large or any public, charitable or educational
entity or institution.
[Added 5-24-1994 by Ord. No. 516; amended 8-4-2003 by Ord. No.
2003-5]
A.
This section is adopted pursuant to the express statutory authority
and direction of NMSA 1978 § 35-14-11 and shall be effective
July 1, 2003, pursuant to that authority.
C.
The fees are to be collected upon conviction from persons convicted
of violating any ordinance relating to the operation of a motor vehicle
or any ordinance that may be enforced by the imposition of a term
of imprisonment.
D.
All money collected pursuant to Subsection B(1) of this section shall be deposited in a special fund in the municipal treasury and shall be used for:
(1)
Municipal jailer or juvenile detention officer training;
(2)
The construction, planning, construction, operation and maintenance
of a municipal jail or juvenile detention facility;
(3)
Paying the cost of housing municipal prisoners in a county jail or
detention facility or housing juveniles in a detention facility;
(4)
Complying with match or contribution requirements for the receipt
of federal funds relating to jails or juvenile detention facilities;
(5)
Providing inpatient treatment or other substance abuse programs in
conjunction with or as an alternative to jail sentencing;
(6)
Defraying the cost of transporting prisoners to jails or juveniles
to juvenile detention facilities; or
(7)
Providing electronic monitoring systems.
E.
The City of Española may credit the interest collected from fees deposited in the special fund pursuant to Subsection D of this section to the City's general fund.
F.
All money collected pursuant to Subsection B(2) of this section shall be remitted monthly to the State Treasurer for credit to the judicial education fund and shall be used for the education and training, including production of bench books and other written materials, of the municipal judges and other municipal court employees.
G.
All money collected pursuant to Subsection B(3) of this section shall be remitted monthly to the State Treasurer for credit to the municipal court automation fund and shall be used for the purchase and maintenance of court automation systems in the municipal courts. The court automation systems shall have the capability of providing, on a timely basis, electronic records in a format specified by the judicial information systems council.
H.
As used in this section, "convicted" means the defendant has been
found guilty of a criminal charge by a municipal judge, either after
trial, a plea of guilty or a plea of nolo contendere.
