[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:
The Community Development Director or his designee and any
commissioned police officer of the City of Las Vegas.
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.
A.
Any person charged with an offense designated by the Municipal Judge
as chargeable by citation under the foregoing provisions shall have
the option of:
B.
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:
A.
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;
B.
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;
C.
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
D.
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:
A.
Violator's copy, containing at least the following alternative directions
to the violator:
(1)
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;
(2)
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
(3)
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.
B.
Original citation, with direction for the officer to forward it immediately
to the Municipal Court.
C.
Code enforcement officer's copy, indicating that it should be kept
for his own records.
A.
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.
B.
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.
A.
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.
B.
A written promise to appear may be complied with by appearance of
counsel.
C.
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.
[Amended 12-9-2020 by Ord. No. 20-13]
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:
|
Penalty Assessment
| ||||
|---|---|---|---|---|
|
Common Name and Offense
|
Code Section Violated
|
First Offense
|
Second Offense
|
Subsequent Offenses
|
|
Weeds and Anti-Litter
|
§ 290-99A
|
$500
|
$750
|
$1,000
|
|
Unsanitary premises
|
§ 301-6B
|
$25
|
$50
|
$100
|
|
Hazardous premises
|
§ 301-6C
|
$25
|
$50
|
$100
|
|
Accumulation of solid waste
|
§ 301-6D
|
$25
|
$50
|
$100
|
|
Solid waste receptacles
|
§ 301-6E
|
$25
|
$50
|
$100
|
|
Polluting water
|
§ 301-6F
|
$25
|
$50
|
$100
|
|
Outdoor vehicle storage
|
§ 301-6G
|
$25
|
$50
|
$100
|
|
Numbering of buildings
|
§ 143-1
|
$10
|
$25
|
$60
|
|
Restraint of animals
|
§ 118-10
|
$10
|
$25
|
$60
|
|
Animals disturbing the peace
|
§ 118-20
|
$10
|
$25
|
$60
|
