The governing body of the Village of Bosque Farms declares that
personal property used for or involved in criminal or illegal activity,
and real property located within the Village limits of Bosque Farms
which on more than one occasion within a one-year period has been
the site of illegal or criminal activity, is injurious to the safety
and welfare of the Village, and therefore constitutes a public nuisance
within the meaning of this Section 7-4.
As used in this Section 7-4, the following terms shall have
the meanings indicated:
CLOSURE, CLOSE or TO CLOSE
With respect to property subject to this Section 7-4, to
seize that property, remove all owners, tenants, occupants and other
persons and animals from real property, motor vehicle, or personal
property, or any portion thereof, and to lock, board, bar and otherwise
prohibit all entry, access, and use thereof, except such access and
use as may be specifically ordered by a court order or competent authority,
for purposes as may be specified by such authority or order, and to
vest the sole right of possession and control of such property in
the Village for a limited period of time as set by court order or
by resolution of the governing body. For motor vehicles, "closure"
includes seizure and impoundment.
CRIMINAL OR ILLEGAL ACTIVITY
Any activity defined as such in the criminal ordinances of
the Village or Valencia County, as amended from time to time, or the
criminal statutes of the State of New Mexico.
FORFEITURE STATUTE
NMSA 1978, § 31-27-1 et seq. Property made subject
to the Forfeiture Statute, as of the drafting of this Section 7-4,
includes the following:
A.
Bows and arrows used in illegal hunting (NMSA 1978, § 17-2-20.1).
B.
Any instrument or vehicle used in violation of the Cultural
Properties Act (NMSA 1978, § 18-6-9.3).
C.
Vehicles used or intended for use in shooting at or from a motor
vehicle (NMSA 1978, § 30-3-8.1).
D.
Firearms used or in possession in violation of the Unauthorized
Possession of a Handgun Act (NMSA 1978, § 30-7-2.3).
E.
Property used in violation of the Unauthorized Recording Act
(NMSA 1978, § 30-16B-1 et seq.).
F.
Mistreated animals (NMSA 1978, § 30-18-1.1).
G.
Property used in violation of the Gambling Act (NMSA 1978, § 30-19-10).
H.
Substances and property used or possessed in violation of the
Controlled Substances Act (NMSA 1978, § 30-31-1 et seq.),
the Imitation Controlled Substances Act (NMSA 1978, § 30-31A-1
et seq.), and the Drug Precursor Act (NMSA 1978, § 30-31B-17).
I.
Any interest in property acquired in violation of the Racketeering
Act (NMSA 1978, § 30-42-1 et seq.).
J.
Computer equipment and products used or possessed in violation
of the Computer Crimes Act (NMSA 1978, § 30-45-7).
MOTOR VEHICLE
Any device of conveyance, whether or not currently operational,
capable of moving itself or of being moved from place to place upon
wheels or track or by water or air, whether or not intended for the
transport of persons or property, and includes any place therein adapted
for overnight accommodation of persons or animals or for the carrying
on of business.
OWNER
Any person who has any interest in property, either legal
or equitable, which allows said person to control the use of said
property.
A.
Negligently allowing the criminal or illegal use of one's
property is the failure to take such care to prevent the use being
made of said property as a reasonably prudent and careful person would
take under similar circumstances.
B.
Recklessly allowing the criminal or illegal use of one's
property is a disregard of, or indifference to, the consequences of
such use of one's property, where the owner knows or reasonably
should know of the use being made of the property.
PERPETRATOR
Of a criminal or illegal activity is a person who commits
such act or by whose agency such act is committed.
PERSON
A.
Includes any individual, group, association, corporation, or
entity recognized at law.
B.
With respect to the term "person," as used herein, the singular
includes the plural, and masculine includes feminine, where such applies.
PROBABLE CAUSE
The existence of facts and circumstances that warrant a person
of reasonable caution to believe that an offense was or is being committed.
REAL PROPERTY
Includes any legal or equitable interest in such property.
VILLAGE
The Village of Bosque Farms.