§ 1-01-100. General penalty; continuing violations.  


Latest version.
  • (a)

    Whenever the doing of an act or the failure to do an act is declared to be unlawful or is prohibited or is declared to be a misdemeanor or petty misdemeanor by this or any other code or ordinance lawfully adopted by the city, and where no specific penalty is provided for the violation, the violation shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed ninety (90) days or by both fine and imprisonment in the discretion of the court; provided, however, that the maximum time of imprisonment for all municipal charges arising from one (1) singular incident shall not exceed one hundred seventy-nine (179) days.

    (b)

    Each day any such violation or failure to perform such act shall continue shall constitute a separate offense, unless otherwise specifically provided.

    (c)

    Any person upon whom any fine or penalty is imposed may, upon order of the municipal judge convicting him, be committed to the county jail or such other place provided by the city for the incarceration of offenders until the fine or penalty is fully paid. Every defendant so committed shall work for the city at the direction of the municipal judge at such labor as his strength will permit, within or without the prison or other place provided for the incarceration, not exceeding ten (10) hours each working day. In the event a defendant against whom the judge shall assess a fine shall default in the immediate payment of such fine, then and in such event, such defendant shall be committed to the county jail or other place provided by the city for incarceration of offenders until the fine is fully paid, provided, however, each such defendant shall receive a credit of five dollars ($5.00) per day in reduction of any fine so imposed for each day served by him in said county jail or other place of incarceration.

(Code 1960, §§ 1-6-1, 1-14-9; Ord. No. 354, 5-26-64; Ord. No. 399, 6-27-67; Ord. No. 698, § 1, 9-10-85; Ord. No. 787, 5-8-90)

State law reference

Penalty for violation of municipal ordinances, N.M.S.A. § 3-17-1(c); violations of municipal ordinances, N.M.S.A. Ch. 35.

Cross reference

Department of public safety, § 2-201 et seq.; criminal code, Ch. 11; municipal court, Ch. 18.