§ 1-8. General penalty; continuing violations; corrections fee.  


Latest version.
  • (a)

    General penalty and continuing violations. Whenever in this Code or any rule or regulation promulgated under the provisions of this Code any act is prohibited or declared to be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, where no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this Code shall be punished by a fine not exceeding $500.00 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment. Every day of any violation of this Code constitutes a separate offense.

    (b)

    Aiding, abetting, compelling, coercing or participating in any unlawful act. It is a violation of this Code for any person to aid, abet, compel, coerce or participate in the doing of any act violating this Code, or to obstruct or prevent enforcement of the provisions of the Code or to attempt, directly or indirectly, to commit any act that would violate this Code.

    (c)

    Enjoinment of violation. Any person or the county has the right, at any time, to seek judicial enjoinment of violations of this Code, the procedures therefor to be in accordance with established procedure for issuance of injunctions and restraining orders.

    (d)

    Minors. Any minor violating any provision of this Code other than traffic violations shall be dealt with in accordance with juvenile court law and procedure.

    (e)

    Maximum penalty and sentence for defendants charged with multiple offenses arising out of the same transaction, act or occurrence. Notwithstanding any other provision of this Code or state law, when a defendant is charged under this Code with more than one offense arising out of the same transaction, act or occurrence, the maximum combined sentence of imprisonment that may be imposed for all such offenses shall not be greater than 179 days.

(Ord. No. 85-111, § 1, 1990; Ord. No. 85-127, § 1, 1990; Ord. No. 85-195, §§ 1, 3, 12-20-1993; Ord. No. 85-201, § 1, 1994; Ord. No. 85-226, § 1, 1996; Ord. No. 85-260, § 1, 1998; Code 1985, §§ 1.08.010—1.08.060, 1.16.01—1.16.030; Ord. No. 02-031, § 1, 6-24-2003; Ord. No. 02-055, § 1, 2-8-2005)

State law reference

County authority to enforce ordinances by fines or imprisonment, NMSA 1978, § 4-37-3; costs and fees for ordinance violations, NMSA 1978, § 35-14-11.