[Adopted as Ch. 7, Art. 5 of the 1972 City Code]
A.
Abandonment of child consists of the parent of a child, 10 years
of age or less, or any person who has been entrusted with or who has
assumed the care of such child who intentionally leaves the child
or abandons him under circumstances where the child may suffer from
neglect, but which does not result in the death of or great bodily
harm to the child.
B.
Cruelty to children consists of any parent, guardian or other person
having care or custody of any child either:
Enticement of child consists of either:
A.
Enticing, persuading, or attempting to persuade a child under the
age of 16 years to enter a vehicle, building, room or secluded place
with intent to commit criminal sexual penetration, criminal sexual
contact of a minor or indecent exposure; or
B.
Having possession of a child under the age of 16 years in any vehicle,
building, room, or secluded place with the intent to commit criminal
sexual penetration, criminal sexual contact of a minor, or indecent
exposure.
Permitting loitering of minors consists of the owner or operator
of any establishment serving alcoholic beverages permitting a person
under the age of 21 years to attend, frequent or loiter in or about
such premises without being accompanied by the parent or guardian
of such person, or be engaged in the preparation, serving, handling
or delivery of alcoholic beverage, or as a topless, bottomless, or
dancing entertainer in or about such premises.
[Amended 10-15-1987 by Ord. No. 76-14; 5-19-1994 by Ord. No. 82-31]
A.
It is a violation of this section for any person licensed pursuant
to the provisions of the Liquor Control Act,[2] or any employee, agent or lessee of that person, if he
knows or has reason to know that he is violating the provisions of
this section, to:
(1)
Sell, serve, or give any alcoholic beverages to a minor or to permit
a minor to consume alcoholic beverages on the licensed premises;
(2)
Buy alcoholic beverages for or to procure the sale or service of
alcoholic beverages to a minor;
(3)
Deliver alcoholic beverages to a minor; or
(4)
Aid or assist a minor to buy, procure or be served with alcoholic
beverages.
[2]
Editor's Note: See NMSA 1978, § 60-3A-1 et seq.
B.
It is a violation of this section for a minor to buy, attempt to
buy, receive, possess or permit himself to be served with any alcoholic
beverage.
C.
In the event any person except a minor procures any other person
to sell, serve or deliver any alcoholic beverages to a minor by actual
or constructive misrepresentation of any facts calculated to cause,
or by a concealment of any facts the concealment of which is calculated
to cause the person selling, serving or delivering the alcoholic beverages
to the minor, to believe that such minor is legally entitled to be
sold, served or delivered alcoholic beverages and actually deceiving
him by such misrepresentation or concealment, then that person, and
not the person so deceived by such misrepresentation or concealment,
shall have violated this section.
D.
Violation of this section by a minor with respect to possession is a petty misdemeanor. Upon conviction, the offender may be sentenced in accordance with Chapter 20, Court, Municipal, Article IV, Costs. Any sentence imposed pursuant to this subsection may be suspended in the discretion of the court upon the condition that:
(1)
The minor accepts the suspension of his driver's license for a period not to exceed three months, whereupon the trial court may dismiss the possession of alcoholic beverage charge and it shall not be considered a conviction. In the event the minor's driver's license is to be suspended, the trial court shall inform the Motor Vehicle Division of the Taxation and Revenue Department of the action; provided, however, if the minor drives during the period of suspension, then the court may impose a fine, jail sentence or both, such fine and sentence not to exceed the maximum imposed for petty misdemeanors or may impose punishment pursuant to Subsection D(2) of this section; and
(2)
The minor assist in a community project, designated by the court,
up to 50 hours whereupon the trial court may dismiss the possession
of alcoholic beverage charge, and it shall not be considered a conviction.
E.
The term "minor", as used in this section, shall mean any person
under 21 years of age.
Offenses by children consists of any person:
A.
It is unlawful for any person under the age of 18 years to loiter,
idle, wander, stroll or play in or upon the public streets, highways,
alleys, parks, playgrounds, other public places or buildings, places
of amusement and entertainment or vacant lots, and any other motor
vehicle, bike or any mode of transportation between the hours of 10:30
p.m. and 4:00 a.m., Sunday through Thursday (weekdays) and between
the hours of 12:00 midnight and 4:00 a.m. on Fridays and Saturdays
(weekends), provided that this section shall not apply to a minor
accompanied by a parent, guardian or other adult person having the
care and custody of such minor or where the minor is upon an emergency
errand or legitimate business directed by persons having the care
and custody of him.
B.
Under the age of 18 years exhibiting any fictitious or false registration
card, identification card, note, or other instrument for the purpose
of deceiving or misleading any other person as to the true age of
such person.
[Amended 2-15-1995 by Ord. No. 83-11]
Abandonment of dangerous containers consists of any person:
A.
Abandoning, discarding, or keeping in any place accessible to children
any refrigerator, icebox, freezer, air-tight container, cabinet, or
similar container of a capacity of 1 1/2 cubic feet or more,
which is no longer in use, without having the attached doors, hinges,
lids, or latches removed or without sealing the doors or other entrances
so as to make it impossible for anyone to be imprisoned therein.
B.
Being the owner, lessee, or manager of any premises with the right
of entry or possession thereof who knowingly permits any abandoned
or discarded refrigerator, icebox, freezer, air-tight container, cabinet,
or similar container of a capacity of 1 1/2 cubic feet or more,
and which remains upon such condition whereby a child may be imprisoned
therein.
A.
Prohibited conveyance. It is unlawful to sell, offer for sale, deliver
or give to any person under the age of 18 years any glue or cement
commonly known as model airplane glue, plastic cement, cement or other
similar substance, if such glue, cement or substance contains one
or more of the following volatile solvents: hexane, benzene, toluol,
toluene, xylene, carbon tetrachloride, chloroform, ethylene dichloride,
acetone, cycloheanone, methyl ethyl ketone, methylisobutyl, ketone,
amyl acetate, butyl acetate, ethyl acetate, tricresyl phosphate, butyl
alcohol, ethyl alcohol, isopropul alcohol, methylcellosolve acetate,
trichloroethane, or ether.
