A.
In this article, "violation of this Code" means any
of the following:
(1)
Doing an act that is prohibited or made or declared
unlawful, an offense or a misdemeanor by ordinance or by rule or regulations
authorized by ordinance.
(2)
Failure to perform an act that is required to be performed
by ordinance or by rule or regulations authorized by ordinance.
(3)
Failure to perform an act if the failure is prohibited
or made or declared unlawful, an offense or a misdemeanor by ordinance
or by rule or regulations authorized by ordinance.
B.
In this article, "violation of this Code" does not
include the failure of a County officer or a County employee to perform
an official duty unless it is provided that failure to perform the
duty is to be punished as provided in this article.
A.
County ordinances may be enforced by prosecution in
any court of competent jurisdiction of the County. Except as otherwise
provided, a person convicted of a violation of this Code shall be
punished by a fine not exceeding $300, imprisonment for a term not
exceeding 90 days, or by both such fine and imprisonment, except that
any person convicted of discarding or disposing of refuse, litter
or garbage on private or public property in any manner other than
by disposing it in an authorized landfill shall be punished by a fine
not exceeding $1,000, imprisonment for a term not exceeding 90 days,
or by both such fine and imprisonment. Except where otherwise provided,
every day any violation of this Code or any other ordinance or resolution
of the County shall continue shall constitute a separate offense.
B.
The imposition of a penalty does not prevent revocation
or suspension of a license, permit or franchise or other administrative
actions.
C.
Prosecutions
of violations under this section may be commenced by the issuance
of a citation charging the violation. Citations may be issued by the
Code Enforcement Officer of the County or an employee of the County
authorized by the Board of County Commissioners to issue such citations.
D.
Violations of this Code that are continuous with respect
to time are a public nuisance and may be abated by injunctive or other
equitable relief. The imposition of a penalty does not prevent the
granting of equitable relief. (NMSA § 4-37-3)
