[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.
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.
- LAW ENFORCEMENT OFFICER
- Any officer employed by the Police Department, or any other law enforcement agency officer, including juvenile probation officers.
- LEGAL GUARDIAN or GUARDIAN
- 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.
- PUBLIC PLACE OR STREETS
- 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.
- RESPONSIBLE ADULT
- 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.
- SOCIAL, PATRIOTIC, RELIGIOUS, EDUCATIONAL, ATHLETIC, AND CIVIL EVENTS
- 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.
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:
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
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.
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.
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.
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:
As soon as possible, the law enforcement officer shall notify the child's parents, guardians, or a responsible adult that:
The child is in the custody of the Police Department for curfew violation;
The location of the child is at the juvenile detention facility;
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; and
Editor's Note: See NMSA 1978 Ch. 32A, § 32A-1-1 et seq.
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.
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.
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.
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:
On a child under 13 years of age; or
On a child 13 years of age to 18 years of age when:
The perpetrator is in a position of authority over the child and uses this authority to coerce the child to submit;
The perpetrator uses force or coercion which results in personal injury to the child;
The perpetrator uses force or coercion and is aided or abetted by one or more persons; or
The perpetrator is armed with a deadly weapon.
Whoever commits criminal sexual contact in the third degree is guilty of a misdemeanor.
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.
Whoever commits contributing to the delinquency of a minor is guilty of a misdemeanor.