[Adopted as Ch. 7, Art. 4 of the 1972 City Code]
As used in §§ 192-45 through 192-51, the following terms shall have the meanings indicated:
BET
A bargain in which the parties agree that, dependent upon chance, even though accompanied by some skill, one stands to win or lose anything of value specified in the agreement; provided that a bet shall not include:
A. 
Bona fide business transactions which are valid under the law of contracts, including, without limitation:
(1) 
Contracts for the purchase or sale, at a future date, of securities or other commodities; and
(2) 
Agreements to compensate for loss caused by the happening of the chance, including, without limitation, contracts for indemnity or guaranty and life or health and accident insurance;
B. 
Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in such contest;
C. 
A lottery as defined in this section; or
D. 
Betting otherwise permitted by law.
GAMBLING DEVICE
A contrivance which for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined by chance, even though accompanied by some skill, and whether or not the prize is automatically paid by the device.
GAMBLING PLACE
Any building, tent, vehicle (whether self-propelled or not), or any room within any of them, a principal use of which is any of the following: making and settling bets; receiving, holding, recording or forwarding bets or offers to bet; conducting lotteries; or playing gambling devices.
LOTTERY
An enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill. As used in this subsection, "consideration" means anything of pecuniary value required to be paid to the promoter in order to participate in such enterprise.
Gambling consists of either:
A. 
Making a bet;
B. 
Entering or remaining in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling device;
C. 
Conducting a lottery; or
D. 
Possessing facilities with intent to conduct a lottery.
Commercial gambling consists of either:
A. 
Participating in the earnings of or operating a gambling place;
B. 
Receiving, recording, or forwarding bets or offers to bet;
C. 
Possessing facilities with the intent to receive, record, or forward bets or offers to bet;
D. 
For gain, becoming a custodian of anything of value bet or offered to bet;
E. 
Conducting a lottery where both the consideration and the prize are money, or whoever with intent to conduct lottery possesses facilities to do so; or
F. 
Setting up for use for the purpose of gambling or collecting the proceeds of any gambling device.
Permitting premises to be used for gambling consists of either:
A. 
Knowingly permitting any property owned or occupied by such person or under his control to be used as a gambling place; or
B. 
Knowingly permitting a gambling device to be set up for use for the purpose of gambling in a place under his control.
A. 
Dealing in gambling devices consists of manufacturing, transferring commercially, or possessing with intent to transfer commercially any of the following:
(1) 
Anything which he knows evidences, purports to evidence, or is designed to evidence participation in gambling;
(2) 
Any device which he knows is designed exclusively for gambling purposes or anything which he knows is designed exclusively as a subassembly or essential part of such device. This includes, without limitation, gambling devices, numbers jars, punchboards, or roulette wheels.
B. 
Proof of possession of any device designed exclusively for gambling purposes which is not in a gambling place is not set up for use is prima facie evidence of possession with intent to transfer.
A. 
Nothing in §§ 192-46 through 192-48 shall be construed to apply to any sale or drawing of any prize for the benefit of any church, public library, or religious society situated or being in this City, or for charitable purposes. A lottery may be operated for the benefit of the organization or charitable purpose only when the entire proceeds of the lottery go into the organization or charitable purpose and no part of such proceeds go to any individual member or employee thereof.
B. 
Nothing in §§ 192-45 through 192-48 shall be held to prohibit any bona fide motion-picture theater from offering prizes of cash or merchandise for advertising purposes in connection with such business or for the purpose of stimulating business, whether or not any consideration other than a monetary consideration in excess of the regular price of admission is exacted for participation in drawings for prizes.
C. 
Nothing in §§ 192-45 through 192-49 shall be held to apply to any bona fide county or state fair, including fairs for more than one county, which have been held annually at the same location for at least two years and which offer prizes of livestock or poultry in connection with such fair when the proceeds of such drawings shall be used for the benefit of said fair.
Fraudulently operating a lottery consists of operating or managing any lottery which does not provide a fair and equal chance to all participants, or which lottery is conducted in a manner tending to defraud or mislead the public.
[Amended 5-19-1994 by Ord. No. 82-31]
Drinking in public is unlawful and consists of drinking or consuming alcoholic liquors (as the term is defined in NMSA 1978, § 60-3A-3, as amended):
A. 
In any neighborhood park;
B. 
Within 100 feet of any establishment licensed to dispense alcoholic liquors; or
C. 
In any public place or establishment unless the establishment is licensed to sell and serve alcoholic beverages, except as follows:
[Amended 3-20-2013 by Ord. No. 13-02]
(1) 
The sale and consumption of beer is permitted at Henry Martinez field located at or near 1308 Grant Street, Las Vegas, New Mexico.
(a) 
Sale and consumption of beer shall occur only at professional baseball activities.
(b) 
Sale and consumption of beer shall occur only in secured locations.
(c) 
Alcohol may only be sold by licensed servers who shall do their best to limit consumption by any patron to an amount of less than three twelve-ounce beers.
(d) 
Only alcohol purchased from City preapproved vendors can be consumed at the park.
[1]
Editor's Note: See also Ch. 112, Alcoholic Beverages.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
Cannabis shall be defined as provided in the Cannabis Regulation Act[1]. It shall be unlawful to use, possess, cultivate, process, manufacture, sell, give away, or take any other action regarding cannabis that is contrary to law.
[1]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
[Added 1-7-2004 by Ord. No. 03-19]
A. 
It is unlawful for a person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce in the human body a controlled substance in violation of the Controlled Substances Act (NMSA 1978, § 30-31-1). The provisions of this subsection do not apply to a person who is in possession of hypodermic syringes or needles at the time he is directly and immediately engaged in a harm reduction program, as provided in Harm Reduction Act (NMSA 1978, §§ 24-2C-1 to 24-2C-6).
B. 
It is unlawful for a person to deliver, possess with intent to deliver or manufacture with the intent to deliver drug paraphernalia with knowledge, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce in the human body a controlled substance in violation of the Controlled Substances Act (NMSA 1978, § 30-31-1). The provisions of this subsection do not apply to:
(1) 
Department of Health employees or their designees while they are directly and immediately engaged in activities related to the harm reduction program authorized by the Harm Reduction Act; or
(2) 
The sale or distribution of hypodermic syringes and needles by pharmacists licensed pursuant to the Pharmacy Act (Chapter 61, Article 11, NMSA 1978).
C. 
A person who violates this section with respect to Subsection A of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment for a definite term less than one year, or both. A person who violates this section with respect to Subsection B of this section is guilty of a misdemeanor.
Aiding an illegal activity consists of either:
A. 
Being found in any place where gambling or prostitution is being conducted, with knowledge of such activity; or
B. 
Giving or attempting to give any signal intended to or calculated to warn or give warning of the approach of any police officer to any person in or about any building, trailer, motor vehicle, premises, or establishment used for any illegal activity or where any illegal activity is being conducted.
Lewd or immoral acts consist of either:
A. 
Knowingly engaging or offering to engage in the following acts for hire: sexual intercourse, fellatio, cunnilingus, anal intercourse with a prostitute, or masturbation of another.
B. 
Entering or remaining in a house of prostitution with intent to engage in sexual intercourse, fellatio, cunnilingus, or anal intercourse with a prostitute, or to masturbate or be masturbated by a prostitute.
C. 
Knowingly hiring or offering to hire a person to engage in sexual intercourse, fellatio, cunnilingus, or anal intercourse, or to masturbate oneself or another.
D. 
Knowingly establishing, owning, maintaining or managing a house of prostitution, or participating in the establishment, ownership, maintenance or management thereof.
E. 
Knowingly permitting any place which a person partially or wholly owns or controls to be used as a house of prostitution.
F. 
Knowingly procuring a prostitute for a house of prostitution.
G. 
Knowingly inducing another to become a prostitute.
H. 
Knowingly soliciting a patron for a prostitute or for a house of prostitution.
I. 
Knowingly procuring a prostitute for a person.
J. 
Knowingly procuring transportation for, paying for the transportation of, or transporting a person within the City with the intention of promoting that person's engaging in prostitution.
K. 
Knowingly being employed by a house of prostitution to perform any function which constitutes promoting prostitution.
A. 
Unlawfully inhaling volatile solvents consists of intentionally smelling, breathing, or inhaling the fumes or vapors from any paint, glue, gasoline or any similar substance containing one or more volatile solvents for the purpose of causing a condition of intoxication, inebriation, stupefication, euphoria, exhilaration, or the dulling of the brain or the nervous system.
B. 
As used in this section, the term "volatile solvent" shall include, but not limited to, the following types of chemical compounds:
(1) 
Hydrocarbons, including but not limited to petroleum distillates and aromatic hydrocarbons;
(2) 
Oxygenated organic compounds, including but not limited to ketones, esters and ethers;
(3) 
Halogenated hydrocarbons; and
(4) 
Nitrous oxides.
C. 
Nothing in this section shall preclude a person from smelling, breathing, or inhaling one or more volatile solvents when done under the supervision of a physician, podiatrist, or dentist in the course of his professional practice.
D. 
It is the intent of this section that, by making unlawful inhalation of volatile substances an offense, inhalant abusers can be identified and treated.
[Amended 5-19-1994 by Ord. No. 82-31]
Indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view. Primary genital area means the mons pubis, penis, testicles, mons veneris, vulva or vagina.
[Added 2-18-2009 by Ord. No. 08-16]
A. 
Definitions. Wherever used in this section, the following words or phrases shall have the meanings ascribed to them as follows:
CHILD or CHILDREN
An individual(s) younger than 18 years of age.
CONVICTION
A conviction in any court of competent jurisdiction and includes a deferred sentence, but does not include a conditional discharge.
DAY-CARE FACILITY
A child-care institution, a day-care center, and/or a group day-care home which regularly provides day care supervision for children, other than the child's family home. "Day-care facility" also includes but is not limited to the location and property of "Childhaven, Inc."
PLAYGROUND
Any land or specially designed area, including improvements to the land, that is administered, owned, operated or managed by a school, school district, day-care facility or the City, and is furnished with equipment specially for the use of children or where children frequently play and attend activities.
PROHIBITED AREA
Private or public elementary or secondary schools, playgrounds, parks, recreational fields, the City's recreational center and day-care facilities.
RESIDENCE
A place where a person abides, resides or lodges for a period of four or more days in the aggregate, during any calendar year.
SCHOOL
A private or public elementary or secondary school.
SEX OFFENDER
A person who:
(1) 
Is a resident of New Mexico who is convicted of a sex offense pursuant to state, federal, tribal or military law;
(2) 
Changes residence to New Mexico, when that person has been convicted of a sex offense pursuant to state, federal, tribal or military law;
(3) 
Does not have an established residence in New Mexico, but lives in a shelter, hotel, motel, halfway house or transitional living facility or stays in multiple locations in New Mexico and who has been convicted of a sex offense pursuant to state, federal, tribal or military law; or
(4) 
Is a resident of another state and who has been convicted of a sex offense pursuant to state, federal, tribal or military law, but who is:
(a) 
Employed full time or part time in New Mexico for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, including any employment or vocation, whether financially compensated, volunteered or for the purpose of government or educational benefit; or
(b) 
Enrolled on a full-time or part-time basis in a private or public school or an institution of higher education in New Mexico.
SEX OFFENSE
Any of the following offenses or their equivalents in any other jurisdiction:
(1) 
Aggravated criminal sexual penetration or criminal sexual penetration in the first, second, third or fourth degree, as provided in NMSA 1978, § 30-9-11;
(2) 
Criminal sexual contact in the fourth degree, as provided in NMSA 1978, § 30-9-12;
(3) 
Criminal sexual contact of a minor in the second, third or fourth degree, as provided in NMSA 1978, § 30-9-13;
(4) 
Sexual exploitation of children, as provided in NMSA 1978, § 30-6A-3;
(5) 
Sexual exploitation of children by prostitution, as provided in NMSA 1978, § 30-6A-4;
(6) 
Kidnapping, with intent to inflict a sexual offense on the victim, as provided in NMSA 1978, § 30-4-1A(4), when the victim is less than 18 years of age and the offender is not a parent of the victim;
(7) 
Aggravated indecent exposure, as provided in NMSA 1978, § 30-9-14.3;
(8) 
Solicitation to commit criminal sexual contact of a minor in the second, third or fourth degree, as provided in NMSA 1978, § 30-9-13; or
(9) 
Attempt to commit any of the sex offenses set forth in Subsection (1) through (8) of this definition, as provided in NMSA 1978, § 30-28-1.
B. 
Offenses. Sex offenders shall not acquire, or newly occupy any real property, acquire any real property (by lease, deed, title or otherwise) or establish a place of lodging within 1,000 feet of the real property comprising private or public elementary or secondary schools, playgrounds, parks, recreational fields, the City's recreational center, day-care facilities or other prohibited area.
C. 
Distance. The distance of 1,000 feet shall be measured on a straight line from the closest boundary line of the sex offender's residence to the closest boundary line of the prohibited area. This determination shall be made by the City of Las Vegas Police Department.
D. 
Exceptions. A person does not commit an offense under this section if the person:
(1) 
Is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution, or required to live in a residence as a condition of parole, located within 1,000 feet of the prohibited area;
(2) 
Is less than 18 years of age or a ward under a guardianship, who resides with a parent or guardian;
(3) 
Has been exempted by a court from the requirements in accordance with this section;
(4) 
Has had the sex offense reversed on appeal or pardoned; or
(5) 
Has established a permanent residence (through lease, deed, title or otherwise) prior to the enactment of this § 192-59 of the City of Las Vegas Criminal Code.
E. 
Penalties. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the payment of a fine of up to $500 and/or imprisonment up to 90 days, for each violation of this section, each day of such violation constituting a separate offense.
F. 
Enforcement. The enforcement of this section will be the responsibility of law enforcement agencies. Citizens will be encouraged to report violations to the Las Vegas Police Department who will then investigate and determine if a violation has occurred. If a violation has occurred, appropriate enforcement action will then be taken.