[HISTORY: Adopted by the City Council of the City of Las Vegas 3-20-1985 by Ord. No. 73-25 (Ch. 19 of the 1972 City Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CODE ENFORCEMENT OFFICER
- The Community Development Director or his designee and any commissioned police officer of the City of Las Vegas.
- COMMUNITY DEVELOPMENT DIRECTOR
- The Department Director of the Community Development Department of the City of Las Vegas.
- Any human being or legal entity whether incorporated or unincorporated, including the United States, the State of New Mexico or any subdivision thereof.
For any offense named in the Municipal Code, the Municipal Court Judge may designate the offense as one which may be handled by the issuance of citations. The Municipal Judge shall specify by rule the amount of the fines for the first, second and subsequent offense, provided that the fines are within the limits declared by law or ordinance.
Any person charged with an offense designated by the Municipal Judge as chargeable by citation under the foregoing provisions shall have the option of:
For the purpose of this chapter, the payment of a fine to the Municipal Court shall be deemed an acknowledgement of conviction of the alleged offense. The Municipal Court, upon accepting the fine, shall issue a receipt to the violator acknowledging payment of the fine.
The Community Development Director or his designee shall prepare the uniform Municipal Code citation which shall contain at least the following information, on its face:
An information section, serially numbered, containing spaces for the name, address, city and state of the person charged, the specific section number and common name of the offense charged under the Las Vegas City ordinance; the date and time the citation is given; the code enforcement officer's signature; and the conditions existing at the time of the violation;
A notice to appear, consisting of a separate box containing spaces for time and place where the person is to appear in court and a place for the person to sign an agreement to appear;
A penalty assessment notice, consisting of a separate box containing notice to the violator that a penalty assessment does not require a court appearance; notice that a payment of a penalty assessment is a complete satisfaction of the violation; spaces where the amount of the penalty assessment can be entered by the officer; and a place for a signature of the violator agreeing to pay the penalty assessment prescribed; and
A warning notice, consisting of a separate box containing a memorandum by the code enforcement officer that a violation of law has been committed and warning the violator that subsequent violations may cause citations to be issued; and a place for the violator's signature acknowledging receipt of the warning notice.
The Community Development Director or his designee shall prescribe the form on the back of each copy of the uniform Municipal Code citation as follows:
Violator's copy, containing at least the following alternative directions to the violator:
If issued as a notice to appear, signing the citation is a promise to appear in court and not an admission of guilt; failure to appear is a Municipal Court violation subjecting the violator to another prosecution in addition to that of the offense alleged on the citation;
If issued as a penalty assessment notice, the citation and payment must be mailed within 15 days to the Municipal Court, Las Vegas, New Mexico; failure to make payment as agreed is a municipal violation subjecting the violator to another prosecution in addition to that for the offense alleged on the citation; the full schedule of penalty assessment; and
If issued as a warning notice, the citation does not require a court appearance but a copy will be forwarded to the Municipal Court of Las Vegas, New Mexico.
Original citation, with direction for the officer to forward it immediately to the Municipal Court.
Code enforcement officer's copy, indicating that it should be kept for his own records.
Unless a warning notice is given, whenever a person is cited for any violation, pursuant to the provisions of this chapter, the code enforcement officer, using the uniform Municipal Code citation form, shall complete the information section, give the violator the option of admitting guilt by signing the violation and agreeing to pay the penalty assessment, or, if the violator denies guilt, the officer shall prepare a notice to appear in court, which date shall be no less than 10 nor more than 15 days from the date the citation is issued, specifying the time and place to appear, have the violator sign the agreement to appear as specified and give a copy of the citation to the violator.
The Code Enforcement Officer may issue a warning notice, but shall fill in the information section of the uniform Municipal Code citation form and give a copy to the violator after requiring his signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction. In this case, the officer shall keep both the original and his own copy of the citation.
The uniform Municipal Code citation used as a notice to appear is a valid complaint, though not verified, in the event the person receiving the complaint voluntarily appears in court.
It is a Municipal Code offense for any person to violate his written promise to appear in court, given to an officer upon issuance a uniform Municipal Code citation, regardless of the disposition of the charge for which the citation was issued.
A written promise to appear may be complied with by appearance of counsel.
If a penalty assessment is not paid within 15 days from the date the citation is issued, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if penalty assessment notice had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided by the law relating to the particular offense charged, and the schedule of penalty assessment shall not apply.
As used in this chapter, "penalty assessment municipal violation" means violation of any of the following listed sections of the Las Vegas City Code, for which the listed penalty assessment is established: