[Adopted as Ch. 1, Secs. 1-9 through 1-12, of the Code of Ordinances]
The procedures established, as set out in the rules of criminal procedure for the municipal courts of the state, governing the issuance of summons and warrants for arrest in criminal cases are hereby adopted by reference as they are presently enacted and hereinafter amended.
The procedures and forms utilized by the state police in the issuance of a state non-traffic citation may be adopted and utilized by the City Police Department.
[Amended 5-24-1994 by Ord. No. 516]
In this section, the expression "violation of this Code" means any of the following:
Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
In this section, "violation of this Code" does not include the failure of a City officer or City employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.
Except as otherwise provided, a person convicted of a violation of this Code shall be punished by a fine not exceeding $500, imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
The penalty for violations of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs shall be a fine of not more than $999 or imprisonment for not more than 179 days, or both.
The penalty for violations of an industrial user wastewater pretreatment ordinance as required by the United States Environmental Protection Agency shall be a fine of not more than $999 per day for each violation.
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or other administrative actions.
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, however, does not prevent the simultaneous granting of equitable relief in appropriate cases.
[Added 8-18-1987 by Ord. No. 416]
Upon a plea of guilty or a judgment of conviction for violation of a municipal ordinance, the municipal court may suspend, in whole or in part, the execution of sentence or place the defendant on probation for a period not exceeding one year on terms and conditions the court deems best, or both.
Suspension of execution of the sentence or probation, or both, shall be granted only when the municipal judge is satisfied it will serve the ends of justice and of the public.
The defendant's liability for any fine or other punishment imposed shall be fully discharged upon successful completion of the terms of probation.
The municipal court may, as a condition of probation, require the defendant to serve a period of time in volunteer labor to be known as "community service." The type of labor and period of service shall be at the sole discretion of the court; provided, however, that any person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and any person who performs community service pursuant to court order or any criminal diversion program shall not be entitled to any wages, shall not be considered an employee for any purpose and shall not be entitled to workers' compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this section, the expression "community service" means any labor that benefits the public at large or any public, charitable or educational entity or institution.
[Added 5-24-1994 by Ord. No. 516; amended 8-4-2003 by Ord. No. 2003-5]
This section is adopted pursuant to the express statutory authority and direction of NMSA 1978 § 35-14-11 and shall be effective July 1, 2003, pursuant to that authority.
The fees are to be collected upon conviction from persons convicted of violating any ordinance relating to the operation of a motor vehicle or any ordinance that may be enforced by the imposition of a term of imprisonment.
All money collected pursuant to Subsection B(1) of this section shall be deposited in a special fund in the municipal treasury and shall be used for:
Municipal jailer or juvenile detention officer training;
The construction, planning, construction, operation and maintenance of a municipal jail or juvenile detention facility;
Paying the cost of housing municipal prisoners in a county jail or detention facility or housing juveniles in a detention facility;
Complying with match or contribution requirements for the receipt of federal funds relating to jails or juvenile detention facilities;
Providing inpatient treatment or other substance abuse programs in conjunction with or as an alternative to jail sentencing;
Defraying the cost of transporting prisoners to jails or juveniles to juvenile detention facilities; or
Providing electronic monitoring systems.
The City of Española may credit the interest collected from fees deposited in the special fund pursuant to Subsection D of this section to the City's general fund.
All money collected pursuant to Subsection B(2) of this section shall be remitted monthly to the State Treasurer for credit to the judicial education fund and shall be used for the education and training, including production of bench books and other written materials, of the municipal judges and other municipal court employees.
All money collected pursuant to Subsection B(3) of this section shall be remitted monthly to the State Treasurer for credit to the municipal court automation fund and shall be used for the purchase and maintenance of court automation systems in the municipal courts. The court automation systems shall have the capability of providing, on a timely basis, electronic records in a format specified by the judicial information systems council.
As used in this section, "convicted" means the defendant has been found guilty of a criminal charge by a municipal judge, either after trial, a plea of guilty or a plea of nolo contendere.