Town of Taos, NM GENERAL PROVISIONS

For the purposes of this title, the following words, terms and phrases shall have the meanings respectively ascribed to them by this section:

Another or other.

Any other human being or legal entity, whether incorporated or unincorporated, including the United States, the state or any subdivision thereof.

Anything of value.

Any conceivable thing of the slightest value, tangible or intangible, movable or immovable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term “property”.

Co-parents.

Persons who have a child in common, regardless of whether they have been married or have lived together at any time.

Court.

The municipal court of the Town of Taos where an alleged victim of domestic abuse resides or is found.

Deadly weapon.

Any firearm, whether loaded or unloaded; 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; or

Slingshots, slung shots or bludgeons; or

Any other weapons with which dangerous wounds can be inflicted.

Domestic abuse.

Any incident by a household member against another household member resulting in:

Physical harm;

Severe emotional distress;

Bodily injury or assault;

A threat causing imminent fear of bodily injury by any household member;

Criminal trespass;

Criminal damage to property;

Repeatedly driving by a residence or workplace;

Telephone harassment;

Stalking;

Harassment; or

Harm or threatened harm to children as set forth in the subsections of this definition.

Household member.

A spouse, former spouse or family member, including a relative, parent, present or former stepparent, present or former in-law, child or co-parent of a child, or a person with whom a person has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for the purposes of this title.

Lawful custody or confinement.

The holding of any person pursuant to lawful authority, including, without limitation, actual or constructive custody of prisoners temporarily outside a penal institution, reformatory, jail, prison farm or ranch.

Misdemeanor or petty misdemeanor.

Whenever the term “misdemeanor” or “petty misdemeanor” is used in this title, it shall be construed to mean and to stand in lieu of “violation of a town ordinance”, or “violation of this section”, or “violation of this chapter”, or “violation of this code”, etc., according to the context in which such term is used. Any violation of any provision of this title is, of course, a violation of a town ordinance.

Official proceeding.

A proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any proceedings.

Order of protection.

A district court order granted for the protection of victims of domestic abuse.

Peace officer.

Any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.

Person.

Any human being or legal entity, whether incorporated or unincorporated, including the United States, the state or any subdivision thereof.

Public employee.

Any person receiving remuneration for regular services rendered to the state or any of its political subdivisions.

Public officer.

Any elected or appointed officer of the state or any of its political subdivisions, and whether or not he receives remuneration for his services.

(1981 Code, sec. 14-1; Ordinance 98-21 adopted 1998)