§ 1-01-110. Ordinance violation citations.

(a)

Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein.

Breach of the peace shall mean a disturbance of public order by an act of violence, or by any act likely to produce violence, or which, by causing consternation and alarm, disturbs the peace and quiet of the community.

Ordinance violation citation shall mean the form of citation specified and approved by the city manager.

Police officer or peace officer shall mean every officer of the city police department, or other person authorized by the director of public safety or city manager to make arrests or to issue citations for violations of city ordinances.

(b)

Issuance procedure for police officers. The procedure for issuance of ordinance violation citations by police officers shall be as follows:

(1)

Whenever a person is arrested by a police officer for violating any ordinance of the city not amounting to a breach of the peace, and punishable by fine and/or imprisonment, the arresting police officer may prepare in triplicate, using the ordinance violation citation form provided by the city, a written notice to appear in court, containing the name, address and telephone number of the person allegedly violating such city ordinance; the driver's license number of such alleged violator, if any; the offense or ordinance allegedly violated; the date and place when and where such person shall have allegedly committed the acts complained of or allegedly violated such city ordinance; and the time and place when and where such person shall appear in court.

(2)

In order to secure release, as provided for in this section, the arrested person must give his written promise to appear in court by signing at least one copy of the ordinance violation citation prepared by the arresting police officer. The officer shall deliver a copy of the ordinance violation citation to the person promising to appear. Thereupon, such officer shall forthwith release the person arrested from his custody.

(3)

Should the alleged violator refuse to give his written promise to appear, the arresting police officer shall forthwith take the alleged violator to the city jail and cause him to be booked in the normal manner.

(c)

Issuance procedure for city manager or his agents. The procedure for issuance of ordinance violation citations by the city manager or his agents shall be as follows:

(1)

Whenever the city manager or his designated agent has probable cause to believe that a person has violated any ordinance of the city, not amounting to a breach of the peace, punishable by fine and/or imprisonment, the city manager or his designated agent may prepare in triplicate, using the ordinance violation citation form provided by the city, a written notice to appear in court, containing the name, address and telephone number of the person allegedly violating such city ordinance; the driver's license number of such alleged violator, if any; the offense or ordinance allegedly violated; the date and place when and where such person shall have allegedly committed the acts complained of or allegedly violated such city ordinance; and the time and place when and where such person shall appear in court.

(2)

The city manager or his designated agent shall present the same to the person he has probable cause to believe violated the ordinance as alleged in the ordinance violation citation to secure the alleged violator's written promise to appear in court by having the alleged violator sign at least one copy of the ordinance violation citation. The city manager or his designated agent shall deliver a copy of the ordinance violation citation to the person promising to appear.

(3)

Should the alleged violator refuse to give his written promise to appear, the city manager or his designated agent shall cause to be prepared a written complaint against the alleged violator and present the same to a municipal judge of the city requesting the municipal judge to cause an arrest warrant to be issued for the alleged violator.

(d)

Citation is complaint. The ordinance violation citation used as a notice to appear is a valid complaint, though not verified, whether or not the person receiving it voluntarily appears in court.

(e)

Failure to obey citation. It shall be unlawful for any person to violate his written promise to appear given to a police officer, the city manager, or his designated agent upon the issuance of the ordinance violation citation form regardless of the disposition of the charge for which the citation was originally issued. A written promise to appear in court may be complied with by an appearance by counsel.

(f)

Procedure not exclusive. The provisions of this section shall govern all police officers in making arrests without a warrant for violations of ordinances of the city, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of any existing city ordinance or violation of state law.

(Code 1960, §§ 1-19-1—1-19-5; Ord. No. 543, 6-9-76)

State law reference

Authority to provide for citations in cases not amounting to a breach of the peace, N.M.S.A. § 35-15-3B.