ARTICLE B.  OFFENSES INVOLVING PUBLIC ORDER AND SAFETYlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212
5-1B-1: ASSAULT AND BATTERY:
5-1B-2: TRESPASS:
5-1B-3: PROWLING:
5-1B-4: DISTURBING THE PEACE:
5-1B-5: UNREASONABLE NOISE:
5-1B-6: DISORDERLY CONDUCT:
5-1B-7: UNLAWFUL ASSEMBLY:
5-1B-8: VAGRANCY:
5-1B-9: OBSTRUCTING MOVEMENT:
5-1B-10: REMOVAL OF BARRICADES:
5-1B-11: DEADLY WEAPONS:
5-1B-12: FAILURE TO REPORT TREATMENT OF WOUNDS:
5-1B-13: PROPELLING MISSILES:
5-1B-14: POSSESSION OF BURGLARY TOOLS:
5-1B-15: FIREWORKS:
5-1B-16: FALSE ALARMS OR REPORTS:
5-1B-17: OFFENSES RELATING TO OFFICERS:
5-1B-18: ESCAPE OF PRISONERS:
5-1B-19: PICKETING PRIVATE RESIDENCES:
5-1B-20: CONSUMPTION OF LIQUOR ON CITY PROPERTY:

5-1B-1: ASSAULT AND BATTERY: linklink


A. Assault: It is unlawful for any person, by any 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. (1996 Code § 9.08.010)


B. Battery: It is unlawful for any person to intentionally touch or apply force to the person of another in a rude, insolent, angry or hostile manner. (1996 Code § 9.08.020)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657862
5-1B-2: TRESPASS: linklink

It is unlawful to enter or remain on the property of another knowing that consent to enter or remain has been denied or withdrawn by the owner or occupant thereof. (1996 Code § 9.08.030; amd. 2002 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657863
5-1B-3: PROWLING: linklink

It is unlawful for any person to loiter or prowl in a place, at a time, or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstance makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm. (1996 Code § 9.08.040)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657864
5-1B-4: DISTURBING THE PEACE: linklink

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 permit such conduct upon any property owned by him or under his control or supervision. (1996 Code § 9.08.050)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657865
5-1B-5: UNREASONABLE NOISE: linklink

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 noises include, but shall not be limited to, the following:


A. 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.


B. Radios And Phonographs: The use or operation of any radio, phonograph or other sound producing machine in such a manner as to disturb the peace and quiet of neighbors.


C. Loudspeakers And Amplifiers Used For Advertising: The use or operation or permitting to be played, used, or operated any radio, receiver set, musical instrument, phonograph, tape recorder, loudspeaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public in any residential area except with the proper permit elsewhere prescribed.


D. 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.


E. Animals1: The keeping of any animals which, by causing frequent or long continuous noise, shall disturb the comfort or repose of any persons in the vicinity.


F. Schools, Courts, Churches, Hospitals: The creating of any excessive noise on any street adjacent to any hospital, school, institution of learning, church or court which interferes with the workings of such institution, or which disturbs or annoys patients in a hospital.


G. Pounding Or Hammering: The pounding or hammering on any metal object or thing except inside a building or in connection with the construction or erection of a building. (1996 Code § 9.08.060)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657866
5-1B-6: DISORDERLY CONDUCT: linklink

Disorderly conduct is unlawful. A person is guilty of disorderly conduct if he or she:


A. Creates a disturbance of the public order by an act of violence or by any act likely to produce violence; or


B. Engages in fighting or in violent, threatening or tumultuous behavior; or


C. Makes any unreasonably loud noise; or


D. Addresses abusive language or threats to any person present which creates a clear and present danger of violence; or (1996 Code § 9.08.070)


E. Causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer, where two (2) or more persons are committing acts of disorderly conduct in the immediate vicinity; or (1996 Code § 9.08.070; amd. 2002 Code)


F. Damages, befouls or disturbs public property or property of another so as to create a hazardous, unhealthy or physically offensive condition; or


G. Makes a telephone call with intent to annoy another, whether or not conversation ensues; or


H. Assembles together with two (2) or more persons with intent to do any unlawful act with force or violence against the person or property of another, and makes any overt act to carry out such unlawful purpose; or


I. Disturbs, threatens, or in an insolent manner intentionally touches any house or vehicle occupied by any person. (1996 Code § 9.08.070)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657867
5-1B-7: UNLAWFUL ASSEMBLY: linklink

It is unlawful for two (2) or more persons to assemble with intent to do any unlawful act by force or violence against the person or property of another and to make any overt act to carry out such unlawful purpose. (1996 Code § 9.08.080; amd. 2002 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657868
5-1B-8: VAGRANCY: linklink

The following acts comprise the crime of vagrancy, and their commission is unlawful:


A. Waiting or remaining within a public, private or parochial school building or upon school grounds, not having any reason or relationship involving custody of or responsibility for a student, without the written permission of a school official, or in violation of posted rules or regulations.


B. Occupying, lodging or sleeping in any vacant or unoccupied barn, house, car, shed, shop or other building or structure or in any automobile, truck, railroad car or other vehicle without owning the same or without the permission of the owner or person entitled to possession thereof or sleeping in any vacant lot.


C. Begging from door to door, to private houses or commercial business establishments or placing oneself in or upon any public way or public place to beg. (1996 Code § 9.08.090)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657869
5-1B-9: OBSTRUCTING MOVEMENT: linklink

It is unlawful to hinder, annoy or molest persons passing along any street, sidewalk, crosswalk or other public way, or to lie, 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. (1996 Code § 9.08.100)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657870
5-1B-10: REMOVAL OF BARRICADES: linklink

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 city 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. (1996 Code § 9.08.110)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657871
5-1B-11: DEADLY WEAPONS: linklink


A. Carrying Deadly Weapons: It is unlawful to carry within the city a concealed, loaded firearm or other weapon 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, chains, can openers, ice picks, and all such weapons with which dangerous cuts or punctures can be inflicted, including swordcanes and any kind of sharp pointed canes, also slingshots, bludgeons or any other weapon with which dangerous wounds can be inflicted, except in a person's residence or on real property belonging to him as owner, lessee, tenant or licensee, provided that person's right to enter or occupy that person's residence or real property has not been terminated or limited by a court of competent jurisdiction or by other lawful means, or in a private automobile or other private means of conveyance for the lawful protection of one's person or property while traveling or for other lawful purposes. The provisions of this subsection shall not prohibit any person from carrying a concealed loaded handgun, when not otherwise prohibited by law, provided that such person is in possession of a current valid concealed handgun license which has been issued pursuant to the "concealed handgun carry act" of the state of New Mexico. (Ord. 684, 6-22-2004)


B. Discharge Of Firearms: It is unlawful to discharge within the city limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided, that this subsection has no application in cases involving the discharge of a firearm for lawful purposes. (1996 Code § 9.08.120)


C. Air And BB Guns: It is unlawful for anyone to shoot within the city any air rifle, air gun or BB gun. (1996 Code § 9.08.120; amd. 2002 Code)


D. Exception For Peace Officers: The provisions set forth in subsections A, B and C of this section shall not be construed to forbid police officers from carrying, wearing or discharging such weapons as shall be necessary in the proper discharge of their duties.


E. Exposing Others To Danger: It is unlawful to endanger the safety of another or his property by using a firearm or other deadly weapon in a negligent manner or to carry a firearm while under the influence of any intoxicant or narcotic, or to sell, loan or furnish any deadly weapon to persons under the influence of any intoxicant or narcotic or to any incompetent person.


F. Prohibited Weapons: It is unlawful to manufacture, cause to be manufactured, possess, display, offer, sell, or lend any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device or any knife having a blade which opens, falls or is ejected into position by the force of gravity or by any outward or centrifugal thrust or movement.


G. 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 eighteen (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. (1996 Code § 9.08.120)


H. Disposition Of Seized Weapons: Every police officer, upon making an arrest and taking a weapon used in the violation of any section of this chapter, shall deliver the same to the chief of police to be held by him until judgment is entered for the offense; and upon the finding of guilt, the weapon shall be disposed of as provided in New Mexico Statutes Annotated section 29-1-14. (1996 Code § 9.08.120; amd. 2002 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657872
5-1B-12: FAILURE TO REPORT TREATMENT OF WOUNDS: linklink

It is unlawful for any physician, surgeon or other practitioner of the healing arts licensed by the state to fail to immediately report to the police department his treatment of any person in the city for a wound inflicted by a deadly weapon of any kind. (1996 Code § 9.08.130)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657873
5-1B-13: PROPELLING MISSILES: linklink

It is unlawful for any person to shoot, sling or throw any stone, rock or other propellant, missile or substance in any manner as to be reasonably likely to cause injury to any person or property. (1996 Code § 9.08.140)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657874
5-1B-14: POSSESSION OF BURGLARY TOOLS: linklink

It is unlawful to possess any lock pick, skeleton key or key to be used with a bit or bits, jimmy, sledge hammer, pry bar, cold chisel, dynamite, nitroglycerine, blasting caps, or any other burglary instrument or instruments commonly used by burglars unless such possession is for a lawful purpose. (1996 Code § 9.08.150)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657875
5-1B-15: FIREWORKS: linklink


A. Short Title: This section shall be cited as the FIREWORKS LICENSING AND SAFETY ORDINANCE.


B. Purpose: The purpose of this section is to provide authorized local enforcement of the New Mexico fireworks licensing and safety act2 and to assist in protecting the public health, welfare and safety of the residents of the city. (Ord. 616, 6-13-2000)


C. Definitions:

AERIAL SPINNER: A tube containing no more than twenty grams (20 g) of chemical composition with a propeller or blade attached that spins rapidly as it rises into the air with a visible or audible effect sometimes produced at or near the height of flight.

APPLICANT: The person issued a permit and the person responsible to the city as provided for in this section.

CHASER: A paper or cardboard tube venting out the fuse end of the tube that contains no more than twenty grams (20 g) of chemical combustion and travels along the ground, often producing a whistling effect or other noise; an explosive composition not to exceed fifty milligrams (50 mg) may be included to produce a report.

CHEMICAL COMPOSITION: Includes all pyrotechnic and explosive composition contained in a fireworks device, but does not include inert materials such as clay used for plugs or organic material such as rice hulls for density control.

CLERK: The municipal clerk of the city of Artesia.

CONE FOUNTAIN: A cardboard or heavy paper cone containing no more than fifty grams (50 g) of pyrotechnic composition that has the same effect as a cylindrical fountain; when more than one cone is mounted on a common base, total pyrotechnic composition shall not exceed two hundred grams (200 g).

COUNCIL: The city council of the city of Artesia.

CRACKLING DEVICE: A sphere or paper tube that contains no more than twenty grams (20 g) of pyrotechnic composition that produces a flash of light and a mild, audible crackling effect upon ignition, which effect is not considered to be an explosion; crackling devices are not subject to the fifty milligram (50 mg) limit of firecrackers.

CYLINDRICAL FOUNTAIN: A cylindrical tube containing not more than seventy five grams (75 g) of pyrotechnic composition that produces a shower of colored sparks and sometimes a whistling effect or smoke; the device may be provided with a spike for insertion into the ground or a wood or plastic base for placing on the ground or a wood or cardboard to be hand held; when more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed two hundred grams (200 g).

DISPLAY DISTRIBUTOR: A person, firm or corporation selling display fireworks.

DISPLAY FIREWORKS: Devices primarily intended for commercial displays that are designed to produce visible or audible effects by combustion, deflagration or detonation, including salutes containing more than one hundred thirty milligrams (130 mg) of explosive composition; aerial shells containing more than forty grams (40 g) of chemical composition exclusive of lift charge; and other exhibition display items that exceed the limits for permissible fireworks.

EXPLOSIVE COMPOSITION: Any chemical compound or mixture, the primary purpose of which is to function by explosion, producing an audible effect in a fireworks device.

FIRE CHIEF: The director of public safety, fire chief or his designated representative.

FIRECRACKER: A small, paper wrapped or cardboard tube containing no more than fifty milligrams (50 mg) of explosive composition that produces a noise and a flash of light; provided, that firecrackers used in aerial devices may contain up to one hundred thirty milligrams (130 mg) of explosive composition per report.

FIREWORKS: Devices intended to produce a visible or audible effect by combustion, deflagration or detonation and are categorized as "permissible fireworks", "prohibited fireworks" or "display fireworks".

FLITTER SPARKLER: A narrow paper tube attached to a stick or wire and filled with no more than five grams (5 g) of pyrotechnic composition that produces color and sparks upon ignition and the paper at the end is ignited to make the device function.

GROUND SPINNER: A small, rapidly spinning device containing no more than twenty grams (20 g) of pyrotechnic composition venting out an orifice usually on the side of the tube that when ignited produces a shower of sparks and color; "ground spinner" is similar in operation to wheel, but is intended to be placed flat on the ground and ignited.

HELICOPTER: A tube containing no more than twenty grams (20 g) of chemical composition with a propeller or blade attached that spins rapidly as it rises into the air with a visible or audible effect sometimes produced at or near the height of flight.

ILLUMINATING TORCH: A cylindrical tube containing no more than one hundred grams (100 g) of pyrotechnic composition that produces a colored flame upon ignition and may be spiked, based or hand held; and when more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed two hundred grams (200 g).

MINE: A heavy cardboard or paper tube usually attached to a wooden or plastic base containing no more than forty grams (40 g) of chemical composition plus not more than twenty grams (20 g) of lift charge per tube that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect, or other devices propelled into the air, and that contains components producing reports containing a maximum one hundred thirty milligrams (130 mg) of explosive composition per report; a "mine" may contain more than one tube, but the tubes must fire in sequence upon ignition of one external fuse and the total chemical composition, including lift charges, of a multiple tube device shall not exceed two hundred grams (200 g).

MISSILE TYPE ROCKETS: A device similar to a stick type rocket in size, composition and effect that uses fins rather than a stick for guidance and stability and contains no more than twenty grams (20 g) of chemical composition.

PERMISSIBLE FIREWORKS: Fireworks legal for sale to and use in New Mexico by the general public.

PORTABLE BUILDINGS: Any structure, tent, trailer or vehicle which is of temporary design which is used separately or together for the retail sale of fireworks to the general public. Any tent intended for the use as a sales location shall comply with rules adopted by the state fire marshal.

PROHIBITED FIREWORKS: Fireworks which are not legal for sale or possession within the city.

PYROTECHNIC COMPOSITION: A chemical mixture that, on burning and without explosion, produces visible or brilliant displays or bright lights or whistles or motion.

ROMAN CANDLE: A heavy paper or cardboard tube containing no more than twenty grams (20 g) of chemical composition that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect.

SHELL: A heavy cardboard or paper tube usually attached to a wooden or plastic base containing no more than forty grams (40 g) of chemical composition plus not more than twenty grams (20 g) of lift charge per tube that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect, or other devices propelled into the air, and that contains components producing reports containing a maximum one hundred thirty milligrams (130 mg) of explosive composition per report; a shell may contain more than one tube, but the tubes must fire in sequence upon ignition of one external fuse, and the total chemical composition, including lift charges, of a multiple tube device shall not exceed two hundred grams (200 g).

STATUTE: Refers to the state of New Mexico fireworks licensing and safety act beginning at New Mexico Statutes Annotated section 60-2C-1.

STICK TYPE ROCKET: A cylindrical tube containing no more than twenty grams (20 g) of chemical composition with a wooden stick attached for guidance and stability that rises into the air upon ignition and produces a burst of color or sound at or near the height of flight.

TOY SMOKE DEVICE: A small plastic or paper item containing no more than one hundred grams (100 g) of pyrotechnic composition that produces white or colored smoke as the primary effect.

VENDOR: Any person or business engaged in the retail sale of fireworks to the general public.

WHEEL: A pyrotechnic device that is made to attach to a post or other surface that revolves, producing a shower of color and sparks and sometimes a whistling effect, and that may have one or more drivers, each of which contains no more than sixty grams (60 g) of pyrotechnic composition, and the total wheel contains no more than two hundred grams (200 g) total pyrotechnic composition. (Ord. 616, 6-13-2000; amd. 2002 Code)


D. Permit Requirements:

1. Permit Required: All vendors of fireworks within the city must obtain a local fireworks retail sales permit from the clerk. Each sales location within the city shall have a separate permit.

2. Application For Permit:

a. Vendors must present, at the time of application for permit, a copy of the written agreement for use, rent or lease of land intended for the vendor's sales location, unless the vendor is located in a permanent structure. Such written agreements for use, rent or lease of land for use as a fireworks sales location shall be signed by the owner, property manager or tenant having the authority to execute such documents.

b. Applications will be accepted up to the first day of any selling period. Vendors and/or businesses shall provide the city with a copy of the state issued license or permit for the sale of fireworks with the application.

3. Permit Fee: Vendors shall pay a twenty five dollar ($25.00) permit fee for each sales location.

4. Issuance Of Permit; Term: A permit may be issued by the city and, upon issuance, shall be valid for one year unless revoked as otherwise provided in this section.

5. Conditions Of Permit:

a. Permit To Be Displayed: Original permits must be prominently displayed at each location at all times.

b. Time For Sales: Fireworks may not be sold at retail except between June 20 and July 6 of each year and three (3) days preceding and including New Year's Day, Chinese New Year and Cinco de Mayo.

c. Responsibility For Gross Receipts Taxes: Vendors are responsible for the applicable municipal gross receipts taxes3.


E. Premises And Location Requirements:

1. Setbacks: Portable buildings must be set back a reasonable distance from the roadway and shall not obstruct the public right of way.

2. Location: No fireworks shall be stored, kept, sold or discharged within fifty feet (50') of any gasoline pump or gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.


F. Safety Requirements:

1. Open Flames Prohibited; Signs: Smoking, open flames and ignition source are prohibited within twenty five feet (25') of any fireworks stock. At all places where fireworks are stored, sold or displayed, the words "NO SMOKING" shall be posted in letters at least four inches (4") in height.

2. Fire Extinguisher Required: All fireworks permit holders and licensees shall keep and maintain upon the premises a fire extinguisher bearing an Underwriters Laboratories Incorporated rated capacity of at least five (5) pound ABC per five hundred (500) square feet of space used for fireworks sales or storage.


G. Fireworks Displays: Nothing herein shall prohibit the public display of fireworks; except, that any individual, association, partnership, corporation, organization, county or city, shall secure a permit from the governing body of the city where the public display is to be fired. The display fireworks shall be purchased from a distributor or display distributor licensed by the state fire marshal and the bureau of alcohol, tobacco and firearms of the United States department of the treasury.


H. Sales And Use Restrictions:

1. Sales To Certain Persons Prohibited: It is unlawful to offer for sale or to sell any fireworks to children under the age of sixteen (16) years or to any intoxicated person.

2. Discharges Near Sales Locations: No fireworks shall be discharged within one hundred fifty feet (150') of any fireworks retail sales location.

3. Use Near Vehicles And Persons: No persona shall ignite any fireworks within a motor vehicle or throw fireworks from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle or at or near any person or group of people.

4. Compliance With State Law: In addition to the requirements of this section, vendors will comply with all applicable requirements imposed under the fireworks licensing and safety act.


I. Permissible Fireworks: The following are permissible fireworks within the city:

1. Ground and hand held sparkling and smoke devices, as follows:

a. Cone fountains.

b. Crackling devices.

c. Cylindrical fountains.

d. Flitter sparklers.

e. Ground spinners.

f. Illuminating torches.

g. Toy smoke devices.

h. Wheels.

2. Aerial devices, as follows:

a. Aerial spinners.

b. Helicopters.

c. Mines.

d. Missile type rockets.

e. Roman candles.

f. Shells.

3. Ground audible devices, as follows:

a. Chasers.

b. Firecrackers. (Ord. 616, 6-13-2000)


J. Prohibited Fireworks: Stick type rockets are prohibited fireworks within the city. (Ord. 616, 6-13-2000; amd. 2002 Code)


K. Inspections; Confiscation Of Fireworks:

1. Inspections: The fire chief may at any reasonable hour enter and inspect the premises, portable building or any structure temporarily or permanently located at the site designated for the sale, packaging or handling of permissible fireworks and may inspect the fireworks stands for conformance to subsections I and J of this section.

2. Confiscation Of Fireworks:

a. The fire chief shall seize, take, remove or cause to be removed, at the expense of the permit holder, all stocks of fireworks offered or exposed for sale in violation of subsection J of this section.

b. The fire chief shall seize, take, remove or cause to be removed, at the expense of the person in possession, all fireworks possessed by the person in violation of subsection J of this section. (Ord. 616, 6-13-2000)


L. Violation; Penalties:

1. Any individual, firm, partnership or corporation that violates any provision of this section is guilty of a petty misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in title 1, chapter 4 of this code.

2. In addition to any other criminal penalties that may be imposed, any individual, firm, partnership, or corporation found guilty by a court of competent jurisdiction of violating this section or the fireworks licensing and safety act two (2) or more times within a five (5) year period shall, after notice and hearing, have his permit revoked for a period of one year. (Ord. 616, 6-13-2000; amd. 2002 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657876
5-1B-16: FALSE ALARMS OR REPORTS: linklink


A. False Alarms: 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. (1996 Code § 9.08.170)


B. False Reports: It is unlawful for any person to maliciously make or file with the police department any false, misleading or unfounded report or statement concerning the commission or alleged commission of any crime. (1996 Code § 9.08.180)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657877
5-1B-17: OFFENSES RELATING TO OFFICERS: linklink


A. Interference With Officers: It is unlawful to resist, abuse, molest, hinder, obstruct or refuse to obey or assist when called upon to do so, any police officer, firefighter, emergency medical personnel or judge while in the discharge of his duty. (1996 Code § 9.08.190)


B. Impersonating An Officer: 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 city, or, without authority, to exercise or attempt to exercise the functions of, or pretend to be, a peace officer or judge. (1996 Code § 9.08.200)


C. Unauthorized Use Of Certain Words And Insignia: It is unlawful to display on any vehicle or sign, without authority of the city, the words "police", "police department", "fire department", or words or insignia of similar import, whose design or form is such that it appears to be an official vehicle or sign of the fire or police department of the city; provided, that nothing contained in this subsection shall apply to any state or county vehicle. (1996 Code § 9.08.210)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657878
5-1B-18: ESCAPE OF PRISONERS: linklink


A. Escape From Jail Or Custody: It is unlawful for any person, while a prisoner of the city or otherwise in the custody of or confined by the city to escape or attempt to escape or to assist other prisoners to escape or attempt to escape from such custody or confinement.


B. 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 city to escape from jail, place of confinement or custody. (1996 Code § 9.08.220)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41212#s657879
5-1B-19: PICKETING PRIVATE RESIDENCES: linklink


A. Declaration: It is declared that the protection and preservation of the home is the keystone of democratic government; that the public health and welfare and the good order of the community require that members of the community enjoy in their homes and dwellings a feeling of well being, tranquility, and privacy, and when absent from their homes and dwellings, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes and dwellings; that the practice of picketing before or about residences obstructs and interferes with the free use of public sidewalks and public ways of travel; that such practice has as its object the harassing of such occupants; that such practice constitutes a nuisance and a practice which should be prohibited; and without resort to such practice, full opportunity exists, and under the terms and provisions of this section, will continue to exist for the exercise of freedom of speech and other constitutional rights; and that the provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results set forth in this section and are, therefore, enacted by the city council. (1996 Code § 9.32.060)


B. Picketing Residences Prohibited: It shall be unlawful within the corporate limits of the city for any person to engage in picketing before or about the residence or dwelling of an individual. (1996 Code § 9.32.070)


C. Penalties: Any person violating the provisions of this section shall be subject to penalty as provided in title 1, chapter 4 of this code. (1996 Code § 9.32.080; amd. 2002 Code)

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5-1B-20: CONSUMPTION OF LIQUOR ON CITY PROPERTY: linklink


A. Definitions: The following words and terms shall have the following meanings:

ALCOHOLIC BEVERAGES: Distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamp or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent (0.5%) alcohol, but excluding medicinal bitters.

PROPERTY BELONGING TO THE CITY: Means and includes all municipally owned and operated buildings and grounds, including, without limitation, all municipally owned and operated buildings, plants, warehouses, shops, garages, and museums, used in the administration of municipal government services of the city, and all municipally owned and operated recreational facilities including all public parks and community centers of every nature operated by the city. (1996 Code § 9.24.040)


B. Consumption Prohibited: It shall be unlawful for any person to drink or consume alcoholic beverages on property belonging to the city. (1996 Code § 9.24.050)


C. Notice Posted: Notice of this section shall be posted at all properties belonging to the city. However, absence of such posting on any such municipally owned property shall not be a defense to prosecution for violation hereof. (1996 Code § 9.24.060)


D. Application Of Provisions: The provisions of this section shall apply only to municipally owned property owned and operated by the city. Nothing contained in this section shall be construed to relieve any person of responsibility for violation of any other law, federal, state or municipal, pertaining to alcoholic beverages. (1996 Code § 9.24.070)


E. Penalties: Any person violating this section shall be prosecuted in the municipal court of the city and, upon conviction of a violation of this section, shall be subject to penalty as provided in title 1, chapter 4 of this code. (1996 Code § 9.24.080; amd. 2002 Code)

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Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also subsection 5-2A-6F of this title.
Footnote 2: NMSA § 60-2C-1 et seq.
Footnote 3: See title 2, chapter 1 of this code.