[HISTORY: Adopted by the Mayor and Council of the City of
Española as Ch. 70, Art. V, Div. 2, of the Code of Ordinances.
Amendments noted where applicable.]
No person shall make a false representation of his age, whether
by words, acts or conduct, for the purpose of illegally obtaining
or attempting to obtain any alcoholic beverage or spirituous liquor
or for any other illegal purpose in the City.
B.
CHILD
CURFEW
CUSTODY
LAW ENFORCEMENT OFFICER
LEGAL GUARDIAN or GUARDIAN
PARENT
PUBLIC PLACE OR STREETS
RESPONSIBLE ADULT
SOCIAL, PATRIOTIC, RELIGIOUS, EDUCATIONAL, ATHLETIC, AND CIVIL
EVENTS
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Any person under the age of 18 years.
That period of time between the hours of 10:00 p.m. and 5:00
a.m.; provided, however, that on Friday and Saturday nights, "curfew"
shall mean that period of time between the hours of 12:00 midnight
and 5:00 a.m., or such other time as the Mayor may proclaim in the
event of an emergency.
The power of taking physical custody of a child or the taking
of the immediate charge and control of the person for his protection
and care, or for violation of this section. "Custody" does not mean
a person is being detained or that he is under arrest and, as such,
that child shall not be booked, fingerprinted or photographed. The
child's identity may be ascertained along with the child's
parents' or guardian's names and addresses and a record of that
information may be made but may not be released to the public. It
may be released to other law enforcement agencies and to the juvenile
probation authorities.
Any officer employed by the Police Department, or any other
law enforcement agency officer, including juvenile probation officers.
The person to whom the legal or physical custody of a child
under the age of 18 years has been transferred by a court of competent
jurisdiction, the Department of Human Services, the child's parents,
or other authorized entity.
The naturally or legally adopted parent of any person under
the age of 18 years.
Any part or place within the City, including places where
the public may usually be, such as retail businesses, parking lots,
streets and roads, highways, alleys, parks, playgrounds, and other
public places or buildings, places of amusement, and entertainment,
or vacant lots, inside any motor vehicle in a public place, on any
bike, or other mode of transportation on a public place, but shall
not include a child's own place of residence. It shall include,
however, private property within the City if the child who is on that
property does not reside thereon, or is not invited or authorized
to be there by the owner or resident thereof.
Any person to whom the parents or legal guardians or guardians
of a child have transferred that child's custody, or presently
consent to transferring that child's custody, or in the judgment
of the City Police Department, the child's custody may be transferred,
since that person is related to the child, knows the child, or is
deemed, in the sole discretion of the City Police Department, to be
a responsible person to whom the child's custody may safely be
transferred.
Those events which may be attended by the public, which are
planned, organized, and produced or performed in accordance with the
City ordinances and the state statutes, but shall not include spontaneous
or unplanned gatherings by children in public places or streets. It
shall include any time a person is at his place of employment at work
or on duty.
C.
Curfew hours; exceptions. It shall be unlawful for the parent or
legal guardian of a child under the age of 18 years to knowingly allow
such child to be upon the streets or other public places within the
City between the hours of 10:00 p.m. and 5:00 a.m.; provided, however,
on Friday and Saturday nights it shall be unlawful for the parent
or legal guardian of a child under the age of 18 years to knowingly
allow such child to be upon the streets or other public places within
the City between the hours of 12:00 midnight and 5:00 a.m., except
under the following conditions:
(1)
When accompanied by a parent, legal guardian or by a responsible
adult to whom the child's physical custody has been entrusted
by such parent or guardian; or
(2)
When attending a social, patriotic, religious, educational, athletic,
civic or other similar activity sponsored by a recognized school,
church, fraternal or community organization, but in such event not
later than 10:00 p.m. or 12:00 midnight on Friday and Saturday nights
or 30 minutes after such event terminates.
D.
Sounding of signal at beginning of curfew period. The Chief of Police
may cause a fire siren or other appropriate signal to be sounded for
a reasonable time at 9:45 p.m. each night to give warning notice of
the beginning of the curfew period.
E.
Penalty for violation of section. A violation of this section by a parent or legal guardian occurs when the parent or legal guardian has actual or constructive knowledge of his child violating the curfew law, and the violation is a misdemeanor punishable as provided in Chapter 1, General Provisions, Article III, Violations and Penalties, § 1-19, and may be prosecuted in municipal court by the complaining officer and/or the City's attorneys.
F.
Taking into custody, release. A law enforcement officer may take
into custody any child or youth who remains at a public place or on
the streets in or out of a vehicle, within the City limits, in violation
of this chapter, except as otherwise provided in this section. The
child's custody shall be transferred to the City juvenile detention
facility, whereupon the child may be released only to his parents,
guardians, or a responsible adult, a juvenile probation officer, or
by court order as follows:
(1)
As soon as possible, the law enforcement officer shall notify the
child's parents, guardians, or a responsible adult that:
(a)
The child is in the custody of the Police Department for curfew
violation;
(b)
The location of the child is at the juvenile detention facility;
(c)
The child's custody will be retained by the City Police
Department until a parent, guardian or a responsible adult comes for
the child, and if the child's parents, guardians, or a responsible
adult do not come for the child, then the State Juvenile Probation
Office shall be notified of the child's status as soon as possible
for appropriate action by said department as may be required by the
Children's Code;[1] and
[1]
Editor's Note: See NMSA 1978 Ch. 32A, § 32A-1-1
et seq.
(d)
A complaint may be filed by the law enforcement office or the
City's attorney against the child's parents or guardians
for allowing their child to be on the streets or other public places
during curfew contrary to this section.
(2)
If the child's parents, guardians, or the responsible adult
live within the City limits or within a proximity of three miles of
the corporate boundaries, the City Police Department may, but is not
required to, transport the child to the parents', guardian's,
or responsible adult's residence and transfer custody to them.
(3)
If the child's parents, guardians, or the responsible adult
resides outside the City limits, the City Police Department may, but
is not required to, transport the child to the parents', guardian's,
or responsible adult's residence and transfer custody to him.
The City Police Department may request the services of other law enforcement
agencies to transport children who live outside the City limits to
that child's parents', or guardian's or the responsible
adult's residence.
A.
Criminal sexual contact of a minor is the unlawful and intentional
touching or applying force to the intimate parts of a minor or the
unlawful and intentional causing a minor to touch one's intimate
parts. For the purposes of this section, the expression "intimate
parts" means the primary genital area, groin, buttocks, anus or breast.
Criminal sexual contact of a minor in the third degree consists of
all criminal sexual contact of a minor perpetrated:
(1)
On a child under 13 years of age; or
(2)
On a child 13 years of age to 18 years of age when:
(a)
The perpetrator is in a position of authority over the child
and uses this authority to coerce the child to submit;
(b)
The perpetrator uses force or coercion which results in personal
injury to the child;
(c)
The perpetrator uses force or coercion and is aided or abetted
by one or more persons; or
(d)
The perpetrator is armed with a deadly weapon.
B.
Whoever commits criminal sexual contact in the third degree is guilty
of a misdemeanor.
A.
Contributing to the delinquency of a minor consists of any person
committing any act or omitting the performance of any duty, which
act or omission causes or tends to cause or encourage the delinquency
of any person under the age of 18 years.
B.
Whoever commits contributing to the delinquency of a minor is guilty
of a misdemeanor.
