§ 301-2. Definitions and rules of construction.  


Latest version.
  • In the construction of the Nuisances Code Ordinance, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section of this chapter, or unless inconsistent with the manifest intent of this chapter:
    ACCUSED
    Any person charged with the violation of any ordinance of the municipality that imposes a penalty.
    ANOTHER or OTHER
    Any other human being or legal entity, whether incorporated or unincorporated, including the United States, the State of New Mexico or any subdivision thereof.
    ANYTHING OF VALUE
    Any conceivable thing of the slightest value, tangible or intangible, movable or immovable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term "property."
    DEFENDANT
    Any person accused of a violation of any ordinance of the municipality that imposes a penalty.
    GOVERNING BODY
    The City Council or City Commission of a City; the Board of Trustees of a town or village.
    HE or HIM or SHE or HER
    Not to be construed as mandatory distinctions of gender if not expressly stipulated.
    LAWFUL CUSTODY OR CONFINEMENT
    The holding of any person pursuant to lawful authority, including, without limitation, actual or constructive custody of prisoners temporarily outside a penal institution, reformatory, jail, prison farm or ranch.
    MAYOR
    The chief executive officer of municipalities having the mayor-council form of government.
    MUNICIPAL CODE ENFORCEMENT OFFICER
    A City employee who is charged with carrying out and enforcing provisions of the Municipal Code, including but not limited to the provisions of this chapter.
    MUNICIPALITY
    Any incorporated city, town or village, whether incorporated under general act, special act or special charter.
    OFFICIAL PROCEEDING
    A proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any proceeding.
    OWNER
    Includes any person that holds record title to the property and any person entitled under any agreement to the control or direction of the management or disposition of the building or premises where the violation in question occurs.
    PERSON
    Any human being or legal entity, whether incorporated or unincorporated.
    PUBLIC EMPLOYEE
    Any person receiving remuneration for regular services rendered to the state or any of its political subdivision.
    PUBLIC GROUND
    Any real property owned or leased by a municipality.
    PUBLIC OFFICER
    Any elected or appointed officer of the state or any of its political subdivisions, serving with or without remuneration for his services.
    SHALL
    "Shall" is mandatory, and "may" is permissive.
    SOLID WASTE
    That which is commonly discarded as waste; or which, if discarded on the ground, will create or contribute to an unsanitary, offensive or unsightly condition. Refuse includes, but is not limited to, the following items or classes of items: waste food; wastepaper and paper products; cans, bottles, or other containers; junked household furnishings and equipment; junked parts or bodies of automobiles and other metallic junk or scrap; portions or carcasses of dead animals; and collection of ashes, dirt, yard trimmings or other rubbish.
    STREET
    Any thoroughfare that can accommodate pedestrian or vehicular traffic, is open to the public and is under the control of the municipality.
Added 7-15-2015 by Ord. No. 15-07