[Adopted as Ch. 7, Art. 3 of the 1972 City Code]
[Amended 1-14-1993 by Ord. No. 81-13]
A.
Criminal damage to private property. Criminal damage to private property
consists of intentionally damaging to a value of less than $1,000
any real or personal property of another without the consent of the
person lawfully in possession of the property.
B.
Criminal damage to public property. Criminal damage to public properties
consists of intentionally damaging to a value of less than $1,000
any real or personal property of the City, County of San Miguel, State
of New Mexico, or United States Government, without the consent of
the owner thereof.
[Added 1-14-1993 by Ord. No. 81-13; amended 2-15-1995 by Ord. No.
83-11; 12-17-2008 by Ord. No. 08-17]
A.
The marking of graffiti consists of intentionally defacing or marking
any real or personal property of another with graffiti or other inscribed
material, inscribed in acid etching or ink markers, paint, shoe polish,
spray paint, crayon, charcoal or any other material capable of making
marks or inscriptions on any surface without the consent of the owner
of the property.
B.
A person who commits the marking of graffiti is guilty of a misdemeanor
punishable as provided in the following subsection.
C.
Upon conviction of the offense, the penalty, none of which can be
suspended or deferred, shall include a fine of a minimum of $150 up
to a maximum of $500 and/or up to 90 days in jail, plus court costs
and 40 hours' community service within a four-month period immediately
following conviction, the payment of $75 or more from the fine amount
going to the City of Las Vegas Graffiti Education and Removal Fund,
and payment of restitution to the affected property owner or to the
City for damage to property and the cost of removal or restoration.
D.
The City Manager shall appoint an Antigraffiti Coordinator within
City government. The Antigraffiti Coordinator's primary charge is
graffiti eradication in the City. The Antigraffiti Coordinator shall
be a centralized source of education, advice and assistance on the
removal and voidance of graffiti as well as the place for the City
to collect information on graffiti's occurrence on both public and
private property. The Antigraffiti Coordinator shall submit monthly
reports on the elimination program to the Mayor, Council, City Manager,
Director and Chief of Police.
E.
Whenever the City becomes aware of the existence of graffiti on any
real property, including structures, within the City and visible from
the public right-of-way or City-owned land, the Antigraffiti Coordinator
shall give or cause to be given notice that the graffiti should be
removed or effectively obscured within 10 calendar days thereafter
of notice being conveyed by the City, removal being either by the
person in charge of the property or by the City or the City's agent.
A reasonable, good-faith effort shall be made to deliver the notice
to the owner or person in charge of the property. The owner or person
in charge of the property may cause the graffiti to be removed or
completely obliterated; if this is that person's intent, the person
should so advise the Antigraffiti Coordinator within 10 calendar days
from the time the notice is delivered if the property owner/agent
will remove the graffiti with the time specified. Within a similar
period, the owner/agent may advise the office that the marking identified
was authorized by the owner or person in charge of the property and
thus is not graffiti as defined in this section; the City will then
not authorize removal.
F.
The Antigraffiti Coordinator shall implement a program of graffiti
removal as follows:
(1)
If the owner or person in control of the property does not notify the Antigraffiti Coordinator that he/she will remove the graffiti or, alternatively, that it is not graffiti because the installation was authorized as provided in Subsection E of this section, the owner or person in control of the property will be cited in Municipal Court.
(2)
The City of Las Vegas is authorized to sue those ordered by local
courts who fail to perform community service for such removal work.
(3)
The Antigraffiti Coordinator is authorized to ensure that all graffiti
on City-owned property is eliminated on a timely basis once the graffiti
is discovered or reported.
(4)
The Antigraffiti Coordinator shall ensure coordination and shall
set standards for all graffiti removal work performed by the City
or its agents.
G.
Sale or furnishing of aerosol paint container to persons under the
age of 18 years old. It shall be unlawful for any person, firm or
corporation, except a parent or legal guardian, to sell, give away,
or in any way furnish to another person, who is in fact under the
age of 18 years, any aerosol container of paint that is capable of
defacing property without first obtaining bona fide evidence of majority
and identity. For the purpose of this section, "bona fide evidence
of majority and identity" is any document evidencing the age and identity
of an individual which has been issued by a federal, state, or local
government entity, and includes, but is not limited, to a driver's
license, a registration certificate issued under the Federal Selective
Service Act, or an identification card issued to a member of the armed
forces.
H.
Display of aerosol spray paint containers. It shall be unlawful for
any person, firm or corporation doing business within the City of
Las Vegas to store, stock, keep or display for sale or transfer any
aerosol spray paint container, or any indelible acid etching, in an
area other than a place that is locked and secure or is otherwise
made unavailable to the public and which is accessible only to employees
of such businesses.
A.
Petty larceny consists of the stealing of anything of value of $100
or less which belongs to another.
B.
Shoplifting consists of any one or combination of the following acts:
(1)
Willfully taking possession of any merchandise with the intention
of converting it without paying for it.
(2)
Willfully concealing any merchandise with the intention of converting
it without paying for it.
(3)
Willfully altering any label, price tag, or marking upon any merchandise
with the intention of depriving the merchant of all or some part of
the value of it.
(4)
Willfully transferring any merchandise from the container in or on
which it is displayed to any other container with the intention of
depriving the merchant of all or some part of the value of it.
C.
MERCHANDISE
MERCHANT
STORE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Chattels of any type or description of the value of $100
or less offered for sale in or about a store.
Any owner or proprietor of any store or any agent, servant
or employee of the owner or proprietor.
A place where merchandise is sold or offered to the public
for sale or retail.
D.
Presumption created. Any person who willfully conceals merchandise
on his person or on the person of another or among his belongings
or the belongings of another or on or outside the premises of the
store shall be prima facie presumed to have concealed the merchandise
with the intention of converting it without paying for it. If any
merchandise is found concealed upon any person or among his belongings,
it shall be prima facie evidence of willful concealment.
E.
Reasonable detention.
(1)
If any police officer, special officer, or merchant has probable
cause for believing that a person has willfully taken possession of
any merchandise with the intention of converting it without paying
for it, or has willfully concealed merchandise and that he can recover
the merchandise by detaining the person or taking him into custody,
police officers, special officers, or merchant may for the purpose
of attempting to effect a recovery of the merchandise take a person
into custody and detain him in a reasonable manner for a reasonable
time.
(2)
Any police officer may arrest without warrant any person he has probable
cause for believing has committed the crime of shoplifting.
Fraud consists of the intentional misappropriation or taking
of anything of value of $100 or less which belongs to another by means
of fraudulent conduct, practices or representations.
Embezzlement consists of the embezzling or converting by a person
to his own use, anything of a value of $100 or less, with which he
has been entrusted, with fraudulent intent to deprive the owner thereof.
Issuing a worthless check consists of issuing in exchange for
anything of value with intent to defraud any check, draft, or order
to the payment of money in the amount of $25 or less drawn upon any
bank or other depository knowing at the time of the issuing that the
offender has insufficient funds, credit or no account with the bank
or other depository, for the payment of such check, draft, or order
in full upon its presentation.
A.
ANYTHING OF VALUE
CARD HOLDER
CREDIT CARD
EXPIRED CREDIT CARD
INCOMPLETE CREDIT CARD
ISSUER
MERCHANT
PARTICIPATING PARTY
REVOKED CREDIT CARD
SALES SLIP OR AGREEMENT
Definitions. As used in this section, the following terms shall
have the meanings indicated:
Includes money, goods, and services.
The person or organization identified on the face of a credit
card to whom or for whose benefit the credit card is issued by an
issuer.
Any instrument or device whether known as a credit card,
credit plate, charge card or by other name issued with or without
fee by an issuer for the use of a card holder in obtaining money,
goods, services or anything of value, either on credit or in consideration
of an understanding or guarantee by the issuer of the payment check
drawn by the card holder.
A credit card which shows on its face that it is outdated.
A credit card upon which a part of the matter, other than
the signature of a card holder, which an issuer requires to appear
on the credit card before it can be used by a card holder, has not
been stamped, embossed, imprinted, or written on it.
The business organization or financial institution or its
duly authorized agent which issues a credit card.
Every person who is authorized by an issuer or a participating
party to furnish money, goods, services or anything else of value
upon presentation of a credit card by a card holder.
A business organization or financial institution other than
the issuer which acquires for value a sales slip or agreement.
A credit card for which the permission to use has been suspended
or terminated by the issuer and notice thereof has been given to the
card holder.
Any writing evidencing a credit card transaction.
B.
Theft of a credit card. A person who takes a credit card from the
person in possession, custody or control of another without the card
holder's consent, or who, with knowledge that it has been taken, acquires
or possesses a credit card with the intent to use it or sell it, or
to transfer it to a person other than the issuer or the card holder,
is guilty of a violation of this code. Taking a credit card without
consent includes obtaining it by conduct defined or known as statutory
larceny, common law larceny, trespassory taking, common law larceny
by trick, embezzlement or obtaining property by false pretenses, false
promise or extortion.
C.
Possession of a credit card which has been stolen, lost, mislaid
or delivered by mistake. A person other than the issuer who receives
or possesses a credit card that he knows or has reason to know to
have been stolen, lost, mislaid or delivered under a mistake as to
the identity or address of the card holder, and who retains possession
thereof with the intent to use it or sell it or to transfer it to
a person other than the issuer or the card holder is guilty of violating
this code.
D.
Fraudulent transfer or receipt of a credit card. A person other than
the issuer, or his authorized agent, who, with intent to defraud,
transfers possession of a credit card to a person other than person
whose name appears thereon, or a person who with intent to defraud
receives possession of a credit card issued in the name of a person
other than himself from a person other than the issuer, or his authorized
agent, is guilty of violating this code.
E.
Fraudulent taking, receiving or transferring credit cards. Any person
who with intent to defraud receives, sells, or transfers a credit
card by making, directly or indirectly, any false statement of a material
fact, either orally or in writing, respecting his identity or financial
condition or that of any other person, firm or corporation, is guilty
of violating this code.
F.
Fraudulent signing of credit cards or sales slips or agreements.
Any person other than the card holder or a person authorized by him
who with intent to defraud signs the name of another or of a fictitious
person to a credit card or to a sales slip or agreement is guilty
of violating this code.
G.
Fraudulent use of a credit card. Any person who with intent to defraud
uses to obtain anything of value of $100 or less a credit card acquired
in violation of this code or a credit card which is invalid, expired,
or revoked or who falsely represents that he is the card holder named
on the credit card is guilty of violating this code. Each act or transaction
of $100 or less shall constitute a separate violation of this code.
H.
Fraudulent acts by merchants or their employees. Any merchant or
his employee is guilty of this code who with intent to defraud:
(1)
Furnishes anything of value of $100 or less upon presentation of
a credit card he knows has been obtained or retained in violation
of this code or a credit card which he knows is invalid, expired,
or revoked. Each act or transaction of $100 or less shall constitute
a separate violation of this code.
(2)
Fails to furnish anything of value where the difference between the
value of anything actually furnished and the value represented by
the merchant to the issuer or participating party is less than $100
and which he represents in writing to the issuer or a participating
party that he has furnished in a credit card or cards of the issuer.
Each act or transaction of $100 or less shall constitute a separate
violation of this code.
I.
Possession of incomplete credit cards. A person who possesses an
incomplete credit card with intent to defraud is guilty of violating
this code.
J.
Receipt of property. Any person who receives money, goods or services,
or anything else of value of $100 or less, obtained by another person
through the use of a credit card possessed in violation of this section,
and who knows or has reason to believe that it was so obtained shall
be guilty of violating this code.
K.
Presumption created. For the purpose of this code, every credit card,
whether valid, expired, incomplete, or revoked, is presumed to have
value and proof of said value is not necessary in any prosecution
hereunder.
A.
"Receiving stolen property" means the intentional receiving, retaining
or disposing of stolen property knowing that it has been stolen, unless
the property is received, retained or disposed of with intent to restore
it to the owner.
B.
The requisite knowledge or believe that property has been stolen
is presumed in the case of an individual or dealer who:
(1)
Is found in possession or control of property stolen from two or
more persons on separate occasions; or
(2)
Acquires stolen property for a consideration which the individual
or dealer knows is far below the property's reasonable value. A dealer
shall be presumed to know the fair market value of the property in
which he deals.
C.
For the purposes of this section, "dealer" means a person in the
business of buying or selling goods or commercial merchandise.
A.
Damaging or tampering with a motor vehicle consists of any person
who shall individually or in association with one or more persons:
(1)
Purposely,
and without authority from the owner, start, or cause to be started,
the motor of any motor vehicle;
(2)
Purposely and maliciously shall shift or change the starting device
or gears of a standing motor vehicle to a position other than that
in which they were left by the owner or driver of said motor vehicle;
(3)
Purposely scratches or damages the chassis, running gear, body, sides,
top covering or upholstering of a motor vehicle, the property of another;
(4)
Purposely destroys any part of a motor vehicle or purposely cuts,
mashes, marks or in any other way destroys or damages any part, attachment,
fastening or appurtenance of a motor vehicle, without the permission
of the owner thereof;
(5)
Purposely drains or starts the drainage of any radiator or oil tank
or gas tank upon a motor vehicle without the permission of the owner
thereof;
(6)
Purposely puts any metallic or other substance or liquid in the radiator,
carburetor, oil tank, grease cup, oilers, lamps, gas tanks or machinery
of the motor vehicle with the intent to damage the same or impede
the working of the machinery thereof;
(7)
Maliciously tightens, disconnects, loosens, or removes any part of
any motor vehicle belonging to another;
(8)
Purposely releases the brake upon a standing motor vehicle, with
the intent to damage said machine; or
(9)
Purposely enters or remains in any motor vehicle without the consent
of the owner thereof.
B.
Nothing in this section shall apply to a police officer or firefighter
acting in the scope of his or her duties or to any other person acting
at the direction of said police officer or firefighter.
Falsely obtaining services or accommodations consists of any
person obtaining any service, petroleum product, food, entertainment
or accommodations of a value of $100 or less without paying therefor,
and with the intent to cheat the owner or person supplying such service,
petroleum product, food, entertainment or accommodations.
