[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms as Sec. 7-1 of the 1980 Code, as amended 9-1996. Subsequent amendments noted where applicable.]
It is unlawful for any person, by an unlawful act, threat or menacing conduct, to cause another person to believe he is in danger of receiving an immediate battery, nor shall any person, by the use of insulting language toward another, impugn his honor, delicacy or reputation.
It is unlawful for any person to beat, strike, wound, inflict violence or apply force to the person of another, nor shall a person intentionally touch or apply force to the person of another in a rude, insolent, angry or hostile manner except in connection with an exhibition duly authorized and licensed under law, or in lawful self defense, or in the line of duty as a duly authorized police officer as circumstances warrant.
Editor's Note: Former § 7-1-3, Trespass, was repealed at time of adoption of Code (see Section 1-1).
It is unlawful to harass or stalk another pursuant to NMSA 1978, Chapter 30, Article 3A, § 30-3A-1 et seq.
It is unlawful for any person to disturb or aid in disturbing the peace of others by violent, tumultuous, offensive, or obstreperous conduct, and no person shall knowingly and intentionally permit such conduct upon any property owned by him or under his control or supervision.
It is unlawful for any person to make, continue or cause to be made any loud or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. Unlawful noise includes but shall not be limited to the following:
Radios, phonographs, musical instruments, loud speakers, amplifiers: the use or operation of any radio, phonograph, musical instrument, tape recorder, loud speaker, sound amplifier, or other machine or device for the production or reproduction of sound in such manner as to disturb the peace and quiet of neighbors.
Horns and signal devices: the sounding of any horn or signaling device of any automobile, motorcycle, truck or other vehicle on any street or public place except as a danger warning; the creation by means of any such signaling devices of any unreasonable, loud, or harsh sound; the sounding of such devices for any unnecessary and unreasonable period of time other than by accident or mechanical, electrical or other difficulty or failure; and the use of any such signaling device where traffic is held up.
Yelling or shouting: yelling, shouting or creating other loud noises which annoy or disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel or residence, or of any persons in the vicinity.
Schools, courts, churches, hospitals: the creating of any excessive noise on any street or grounds adjacent to any hospital, school, institution of learning, church or court which interferes with the workings of such institution or which disturbs or annoys persons therein.
Exclusions. Excluded and exempted form the operation and effect of this section are the following:
A person is guilty of disorderly conduct if, with a purpose to cause public danger, alarm, disorder or nuisance, he willfully:
Creates a disturbance of the public order by an act of violence or by any act likely to produce violence; or
Engages in fighting, or in violent, threatening or tumultuous behavior; or
Makes any unreasonably loud noise; or
Addresses abusive language or threats to any person present which creates a clear and present danger of violence; or
Causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer, where three or more persons are committing acts of disorderly conduct in the immediate vicinity; or
Damages, befouls or disturbs public property or property of another so as to create a hazardous, unhealthy or physically offensive condition; or
Commits a trespass on residential property or on public property. "Trespass" for the purpose of this subsection shall mean:
Entering upon, or refusing to leave, any residential or business property of another, either where such property has been posted with "No Trespassing" signs, or where immediately prior to such entry, or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry, or continued presence, is prohibited.
Entering upon, or refusing to leave, any public property in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning the property, where such regulations have been conspicuously posted, or where immediately prior to such entry, or subsequent thereto, such regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer.
Makes a telephone call with the intent to annoy another, whether or not a conversation ensues; or
Assembles together with two or more persons with intent to do any unlawful act with force or violence against the person or property of another, and who makes any overt act to carry out such unlawful purpose; or
Editor's Note: Former § 7-1-8, Intoxication, was repealed at time of adoption of Code (see Section 1-1).
It is unlawful to consume alcoholic beverages in or on any public place except those establishments having a license to dispense alcoholic beverages.
It is unlawful for three or more persons to assemble with intent to do any unlawful act by force or violence against the person or property of another or to make any overt act to carry out such unlawful purpose.
It is unlawful to hinder, annoy or molest persons passing along any street, sidewalk, crosswalk or other public way, or to sit or stand around the entrance of any church, theater, public building, or other place of public assemblage in any manner so as to unreasonably obstruct such entrance or to place or erect upon any public way an obstruction of any type except temporary barriers or warning signs placed for the purpose of safeguarding the public against any hazard.
It is unlawful to remove, destroy or interfere with any barrier, guard or light placed before or in any dangerous place near the streets, sidewalks or other public ways of the Village for the purpose of warning or protecting travelers from injury or danger, provided that removal after the danger has ceased and temporary removal to allow the passage of a vehicle with immediate subsequent replacement shall not be considered unlawful.
Deadly weapons defined. "Deadly weapon" means any loaded firearm, or any weapon which is capable of producing death or great bodily harm, including, but not restricted to, any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives, and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including sword canes and any kind of sharp, pointed canes, as well as slingshots, bludgeons, and any other instrument when used in such a negligent manner, and/or with intent, that dangerous wounds can be inflicted.
Unlawfully carrying deadly weapons. It is unlawful to carry a deadly weapon concealed in a manner making it not readily visible on the person, or in close proximity thereto, so that the weapon is readily accessible for use, except:
In the person's residence or on real property belonging to him as owner, lessee, tenant or licensee; or
In a private automobile or other private means of conveyance for the lawful protection of his person or property, or the person or property of another; or
By a peace officer in the lawful discharge of his duties; or
Exceptions. The provisions set forth in Subsection B shall not be construed to forbid the following:
Negligent use of weapons. It is unlawful for any person to make negligent use of a weapon, consisting of either:
Discharging a weapon within the Village limits, except in the immediate, emergency protection of life and/or property; or
Carrying or having within one's reach or immediate grasp a deadly weapon while under the influence of an intoxicating liquor or other drug; or
Endangering the safety of another or his property by handling or using a firearm or other deadly weapon in a negligent manner; or
Selling, loaning or furnishing any deadly weapon to a person with knowledge that the person is under the influence of alcohol or other drug, or that the person is incompetent.
Unlawful possession of switchblades. It is unlawful for any person to either manufacture, cause to be manufactured, possess, display, offer, sell, lend, give away, or purchase any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade which opens or falls or is ejected into position by the force of gravity or by any outward or centrifugal thrust or movement.
Sales to minors. It is unlawful to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air gun or BB gun or ammunition for any firearm to any person under the age of 18 years, provided that this subsection shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his child or ward.
Forfeiture of deadly weapons. Every person convicted of the violation of this code shall forfeit to the Village any weapons involved in the violation.
Disposition of forfeited weapons. Every police officer, upon making an arrest or taking a weapon used in the violation of any section of the Municipal Code, shall deliver same to the Chief of Police to be held by him until judgment is entered; and upon the finding of guilt the weapon shall be disposed of as provided in the New Mexico state statutes.
It is unlawful for any physician, surgeon or other practitioner of the healing arts licensed by the State of New Mexico to fail to immediately report to the Village Police Department his treatment of any person in the Village for a wound inflicted by a deadly weapon of any kind.
Propulsion of missiles defined. "Propulsion of missiles" means shooting, slinging or throwing snowballs, rocks, stones, pellets, BB shot, or any kind of missile, object, or substance whatsoever in any manner as to be reasonably likely to cause injury to any person or property.
The propulsion of missiles shall be unlawful within the Village limits, except that this provision shall not be construed to prohibit target firing when conducted so as to secure safety of persons and property.
It is unlawful to possess any lockpick, skeleton key or key to be used with a bit or bits, jimmy, sledge hammer, pry bar, cold chisel, dynamite, nitroglycerin, blasting caps or other burglars unless such possession is for a lawful purpose.
It is unlawful for any person to make, turn in or give a false alarm of fire or of need for police or ambulance assistance, or to interfere with the proper functioning of an alarm system, or to aid or abet the commission of such an act.
It is unlawful for any person to make or file with the Police Department any false, misleading or unfounded report or statement concerning the commission or alleged commission of any crime.
It is unlawful to resist, abuse, molest, hinder, obstruct or refuse to obey or assist when called upon to do so any police officer, fireman or judge while in the discharge of his duty.
It is unlawful for any person other than a duly commissioned police officer to wear or carry the uniform, apparel, badge, identification card or other insignia of office, the same, similar or a colorable imitation of that adopted and worn or carried by duly commissioned police officers unless acting in the course of regular business and with the permission of the Village without authority to exercise or attempt to exercise the functions of, or pretend to be, a peace officer or judge.
It is unlawful to display on any vehicle or sign the words "police," "police department," "fire department," or words or insignia of similar import without the authority of the Mayor, provided that nothing contained herein shall apply to any state or county vehicle.
Escape from jail or custody. It is unlawful for any person, while a prisoner of the Village or otherwise in the custody of or confined by the Village, to escape or attempt to escape or to assist other prisoners to escape or attempt to escape from such custody or confinement.
Assisting escape. It is unlawful for any person to assist, attempt to assist or offer to assist any person in custody of or confined under the authority of the Village to escape from jail, or a place of confinement or custody.
Definition of marijuana. "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. It does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt derivative, mixture or preparation of the mature stalks, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
Unlawful possession of marijuana. It is unlawful to possess one ounce or less of marijuana which was not obtained directly from, or pursuant to, a valid prescription, or order of a doctor of medicine while acting in the course of his professional practice, or as otherwise authorized by law.
Penalties. Whoever unlawfully possesses one ounce or less of marijuana is guilty of violating this code and shall be punished by a fine of not more than $50 or imprisonment not exceeding 15 days, for the first offense, and a fine of not more than $500 or imprisonment not exceeding 90 days for the second and subsequent offenses.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- CONTROLLED SUBSTANCE
- A substance as defined in Subsection E of NMSA 1978, § 30-31-2, as it may be amended from time to time.
- The actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance.
- IMITATION CONTROLLED SUBSTANCE
- A substance that is not a controlled substance which by overall dosage unit appearance, including color, shape, size, and marking, or by representations made would lead a reasonable person to believe that the substance is a controlled substance. In those rare cases when the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an imitation controlled substance, for example, in the case of powder or liquid, the court or authority concerned should consider, in addition to all other logically relevant factors, the following factors as related to "representations made" in determining whether the substance is an imitation controlled substance:
- (1) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect;
- (2) Statements made to recipient that the substance may be resold for consideration greatly in excess of the market value of the ingredients;
- (3) Whether the substance is packaged in a manner normally used for illicit controlled substances;
- (4) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;
- (5) Prior convictions, if any, of the owner, or anyone in control of the object, under state or federal law related to controlled substances or fraud, provided that this factor alone shall not be sufficient to support a conviction under this section; and
- (6) Whether the physical appearance of the substance is substantially identical to a controlled substance.
- The production, preparation, compounding, processing, encapsulating, tableting, packaging or repackaging, or labeling or relabeling of an imitation controlled substance.
Manufacture or distribution of imitation controlled substances. It is unlawful for any person to, knowingly or under circumstances where a person reasonably should know, manufacture, distribute, or possess with intent to distribute an imitation controlled substance.
Defenses. In any prosecution for unlawful distribution or possession with intent to distribute of an imitation controlled substance, it is no defense that the defendant believed the imitation controlled substance to be a controlled substance.
Immunity. No criminal liability shall be imposed by this section on any person who may lawfully manufacture or distribute controlled substances under NMSA 1978, § 30-31-12 who manufactures, distributes, or possess with intent to distribute an imitation controlled substance for use as a placebo by a registered practitioner, in the course of professional practice or research.
It is unlawful for any person, anywhere, to pursue for food or sport, to manage or take part in the search for, or to pursue with the intent to capture or kill wild game by use of firearms or any other deadly weapon.
It is unlawful for any person to use or possess with intent to use any drug paraphernalia.
"Drug paraphernalia" means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or controlled substance analog in violation of the State of New Mexico Controlled Substances Act (NMSA 1978, § 30-31-1 et seq.). It includes but is not limited to:
Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a controlled substance or controlled substance analog or from which a controlled substance can be derived;
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs;
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant that is a controlled substance;
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances or controlled substance analogs;
Scales or balances used, intended for use or designed for use in weighing or measuring controlled substances or controlled substance analogs;
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite dextrose, and lactose, used, intended for use or designed for use in cutting controlled substances or controlled substance analogs;
Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning and refining marijuana;
Blenders, bowls, containers, spoons and mixing devices used in compounding controlled substances or controlled substance analogs;
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or controlled substance analogs;
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or controlled substance analogs;
Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances or controlled substance analogs into the human body;
Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small to hold in the hand;
Miniature cocaine spoons and cocaine vials;
Ice pipes or chillers; and
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
Statements by the owner or by anyone in control of the object concerning its use;
The proximity of the object, in time and space, to a direct violation of the Controlled Substances Act or any other law relating to controlled substances or controlled substance analogs;
The proximity of the object to controlled substances or controlled substance analogs;
The existence of any residue of any controlled substance or controlled substance analogs;
Instructions, written or oral, provided with the object concerning its use;
Descriptive materials accompanying the object that explain or depict its use;
The manner in which the object is displayed for sale; and
Expert testimony concerning its use.
Violation of this section is a misdemeanor and upon conviction shall be punished by a fine of not more than $500 or by imprisonment for not more than 90 days, or both.