City of Española, NM
Rio Arriba County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 70, Art. IV, Div. 1, of the Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment and uses — See Ch. 128.
Alcoholic beverages — See Ch. 133.
Animals and animal facilities — See Ch. 137.
Fireworks — See Ch. 196.
Graffiti — See Ch. 213.
Noise — See Ch. 249.
Nuisances — See Ch. 254.
Offenses — See Ch. 260.
Parades and demonstrations — See Ch. 266.
It shall be unlawful for any person to engage in fighting, quarreling or disorderly conduct of any kind within the City. The term "disorderly conduct" shall include, but shall not be limited to, the doing or commission of any of the following acts, which are specifically made unlawful in this section:
A. 
Engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace; or
B. 
Maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house occupied by any person.
A. 
No person shall perform such acts as will make him a "peeping Tom" on or about the premises of another, or go upon the premises of another for the purpose of becoming a "peeping Tom."
B. 
The expression "peeping Tom" as used in this section means one who peeps through windows or doors, or other like places, situated on or about the premises of another for the purpose of spying upon or invading the privacy of persons spied upon without the consent of the persons spied upon. It is not a necessary element of this offense that the peeping Tom is upon the premises of the person being spied upon.
It shall be unlawful for three or more persons to assemble together with intent to do any unlawful act with force or violence against the person or property of another, and who shall make any overt act to carry out such unlawful purposes.
It shall be unlawful for any person to operate, conduct, or maintain a business establishment in such a manner as to contribute to a public disturbance, fighting, loud noises, violence or any other offense or unwholesome conduct on the public streets or create any dangerous or offensive public conduct. Such operation, conduct and maintenance is hereby declared to be a public nuisance.
It shall be unlawful for any person to make a false report of a bomb or other public hazard knowing that no such condition exists.
A. 
It shall be unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to telephone another and use any obscene, lewd or profane language or suggest any lewd, criminal or lascivious act, or threaten to inflict injury or physical harm to the person or property of any person.
B. 
It shall also be unlawful for any person to attempt by telephone to extort money or other thing of value from any person, or to otherwise disturb by repeated anonymous telephone calls the peace, quiet or right of privacy of any other person at the place where the telephone call or calls were received, or to maliciously make a telephone call, whether or not conversation ensues, with intent to annoy or disturb another, or to disturb the telecommunications of another.
C. 
The use of obscene, lewd or profane language or the making of a threat or statement as set forth in Subsection A of this section shall be prima facie evidence of intent to terrify, intimidate, threaten, harass, annoy or offend.
D. 
Any offense committed by use of a telephone, as set forth in this section, shall be deemed to have been committed at either the place where the telephone calls originated or at the place where the telephone calls were received.
E. 
It shall be unlawful to use the telephone to terrify, intimidate, threaten, harass, annoy or offend anyone as contemplated in this section.
It shall be unlawful to:
A. 
Abandon, discard or keep in any place accessible to children any refrigerator, icebox, freezer, airtight container, cabinet or similar container, of a capacity of 1 1/2 cubic feet or more, which is no longer in use, without having the attached doors, hinges, lids or latches removed or without sealing the doors or other entrances so as to make it impossible for anyone to be imprisoned therein; or
B. 
Knowingly permit, as owner, lessee or manager of any premises, any abandoned or discarded refrigerator, icebox, freezer, airtight container, cabinet, or similar container of a capacity of 1 1/2 cubic feet or more to remain upon such premises in a condition whereby a child may be imprisoned therein.