Replies

2019 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 10 - All Hazard Emergency Management
Section 12-10-16 - Short title.
Universal Citation: NM Stat § 12-10-16 (2019)

This act [12-10-16 to 12-10-21 NMSA 1978] may be cited as the “Riot Control Act.”

2019 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 10 - All Hazard Emergency Management
Section 12-10-17 - Proclamation of emergency.
Universal Citation: NM Stat § 12-10-17 (2019)

Upon request of the mayor of a municipality or the sheriff of a county or a majority of the members of the governing body of the municipality or county having jurisdiction and after finding that a public disorder, disaster or emergency which affects life or property exists in the state, the governor may proclaim a state of emergency in the area affected. The proclamation becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media.

2019 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 10 - All Hazard Emergency Management
Section 12-10-18 - Emergency restrictions.
Universal Citation: NM Stat § 12-10-18 (2019)

A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:

(1) any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew;

(2) any designated number of persons from assembling or gathering on the public streets, public parks or other open areas, either public or private, or in any public building;

(3) the manufacture, transfer, use, possession or transportation of any device or object designed to explode or produce uncontained combustion;

(4) the transportation, possession or use of combustible, flammable or explosive materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

(5) the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers;

(6) the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;

(7) the use of certain streets or highways by the public; and

(8) other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.

B. Any proclamation issued under this section becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media. The restrictions may be imposed during times, upon conditions, with exceptions and in areas of the state designated by proclamation of the governor from time to time.

2019 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 10 - All Hazard Emergency Management
Section 12-10-19 - Termination of emergency.
Universal Citation: NM Stat § 12-10-19 (2019)

Any state of emergency proclaimed under the Riot Control Act [12-10-16 to 12-10-21 NMSA 1978], along with any restrictions imposed for control of that emergency, terminates automatically at noon on the third day after it becomes effective unless sooner terminated by proclamation of the governor.

2019 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 10 - All Hazard Emergency Management
Section 12-10-20 - Penalty.
Universal Citation: NM Stat § 12-10-20 (2019)

Any person who, during a state of emergency, fails to comply with restrictions imposed by proclamation of the governor under the Riot Control Act [12-10-16 to 12-10-21 NMSA 1978] is guilty of a misdemeanor, and upon conviction of a second or subsequent offense under this section is guilty of a fourth degree felony.

2019 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 10 - All Hazard Emergency Management
Section 12-10-21 - Governor’s powers not limited.
Universal Citation: NM Stat § 12-10-21 (2019)

The Riot Control Act [12-10-16 to 12-10-21 NMSA 1978] does not limit any other power to maintain the public peace and safety which is vested in the governor.