A. 
Definition of juvenile.
“Juvenile” means anyone who has not reached his/her eighteenth birthday.
B. 
Curfew established.
It is unlawful for a parent, legal guardian or another to knowingly permit a juvenile in his or her custody or control to be present at or upon any public assembly including public assembly on private property, building, place, street, highway, public property posted and property where the owner or occupant has contacted the mayor in writing and requested that this provision be enforced on such private property at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion at least eighteen (18) years of age or approved in writing by a parent or legal guardian or unless engaged in a business or occupation which the laws of this state authorize a person less than eighteen (18) years of age to perform:
1. 
Twelve o’clock (12:00) midnight Friday and Saturday, [and] six o’clock (6:00) a.m. the following day; or
2. 
Eleven o’clock (11:00) p.m. Sunday through Thursday, inclusive, and six o’clock (6:00) a.m. the following day.
3. 
A juvenile who is in a moving vehicle after curfew will not be stopped unless a police officer has a reason to believe that the juvenile is out after curfew as defined in this subsection B, e.g., a juvenile has been seen in the same area more than twice and appears not to be in route to a destination.
C. 
Enforcement.
1. 
Report of violation.
Any duly authorized law enforcement officer of the town finding a juvenile upon any public assembly, building, place, street or highway during the hours of curfew set forth in subsection B of this section shall ascertain the name, phone number and address of the parent and/or legal guardian of the juvenile and shall promptly report the violation to his/her superior officer, together with the name and address of the juvenile and parents or guardians of said juvenile.
2. 
Written notice.
Said superior officer shall cause a written notice to be served, by personal service or certified mail, upon the parent, guardian or person in charge of such juvenile, setting forth the manner in which this section has been violated.
3. 
Presumptions of parental responsibility.
The parent or legal guardian of an unemancipated juvenile residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and said juvenile shall be deemed to have committed the acts described herein with the knowledge and permission of the parent or guardian, in violation of this section.
D. 
Penalty.
Any parent, guardian or person in charge of a juvenile allowing that juvenile to be present in any public street, building or place during the curfew hours set forth in subsection B of this section, who, within a period of one year form the date of the violation, shall knowingly permit such juvenile again to violate the provisions of this section, after receipt of the first violation notice served pursuant to subsection C of this section, shall be subject to the fines provided for in section 1.12.010 of this code.
(Ordinance 00-20 adopted 2000)
A. 
Loitering of minors consists of the owner or operator of any saloon permitting a person under the age of twenty-one (21) years to attend, frequent or loiter in or about such premises without being accompanied by the parent or guardian of the person.
B. 
Whoever commits loitering of minors is guilty of a petty misdemeanor.
(Ordinance 00-1, sec. 1, adopted 2000)
A. 
It is a violation of this section for any club, retailer, dispenser or any other person, except the parent or guardian or adult spouse of any minor, or adult person into whose custody any court has committed the minor for the time, outside of the actual, visible personal presence of the minor’s parent, guardian, adult spouse or the adult person into whose custody any court has committed the minor for the time, to do any of the following acts:
1. 
To sell, serve or give any alcoholic liquor to a minor or to permit a minor to consume alcoholic liquor on the licensed premises;
2. 
To buy alcoholic liquor for or to procure the sale or service of alcoholic liquor to a minor;
3. 
To deliver alcoholic liquor to a minor; or
4. 
To aid or assist a minor to buy, procure or be served with alcoholic liquor.
B. 
It is a violation of this section for any minor to buy, attempt to buy, receive, possess or permit himself to be served with any alcoholic liquor, except when accompanied by his parent, guardian, adult spouse or an adult person into whose custody he has been committed for the time by some court, who is actually visible and personally present at the time the alcoholic liquor is bought or received by him or possessed by him or served or delivered to him.
C. 
In the event any person, except a minor, procures any other person to sell, serve or deliver any alcoholic liquor to a minor by actual or constructive misrepresentation of any facts calculated to cause, or by the concealment of any facts the concealment of which is calculated to cause, the person selling, serving or delivering the alcoholic liquors to the minor to believe that such minor is legally entitled to be sold, served or delivered alcoholic liquors, 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. 
In any proceedings under subsection A of this section, it is not necessary for the prosecution, or any person, official or party urging or contending that such subsection has been violated, to allege or prove that the parent, guardian, adult spouse or any adult person into whose custody any such minor has been committed by any court was not actually visible and personally present at the time of the alleged violation, but such matters are matters of defense to be established and proved by the person against whom the prosecution or proceedings are brought.
E. 
As used in this section, “minor” means any person under twenty-one (21) years of age.
F. 
Whoever violates any provision of this section or commits selling or giving liquor to minors is guilty of a petty misdemeanor.
(Ordinance 00-1, sec. 1, adopted 2000)
A. 
No person shall sell spray paint or glue to any person under eighteen (18) years of age or to any person under the influence of any intoxicant.
B. 
No person shall intentionally smell, sniff or inhale the fumes or vapors from a spray product or other chemical substance, including glue, for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, stupefaction, or dulling of the senses, or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes.
C. 
No person shall intentionally possess spray paint, or other chemical substance, including glue, for any purpose set forth in subsection B of this section.
D. 
A New Mexico driver’s license or non-driver MVD picture ID or a pictured identity card issued to a member of the U.S. armed forces shall be prima facie proof of age.
E. 
As used in this section, “glue” means what is commonly referred to as plastic or model airplane cement and includes any cement containing hexane, benzene, toluene, xylene, carbon tetrachloride, chloroform, ethylene dichloride, acetone, cyclohexanone, methyl ethyl ketone, methylisobutyl ketone, amyl acetate, butyl acetate, ethyl acetate, tricresyl phosphate, butyl alcohol, ethyl alcohol, isopropyl alcohol or methylcellosolve acetate.
F. 
Any adult that intentionally buys, procures, or otherwise provides any spray paint, glue or other chemical substance contemplated by this act shall be charged with the offense of contributing to the delinquency of a minor as provided in section 30-6-3, New Mexico Statutes Annotated (1978 as amended) which is a fourth degree felony and punishable by up to eighteen (18) months’ incarceration.
G. 
Any person who owns, manages or operates a place of business where spray paint, glue and other chemical substances contemplated by this act are sold shall conspicuously post a copy of this regulation in such place of business, in letters at least three-eighths inch (3/8") high.
H. 
Wholesale distributors of spray paint and/or glue shall make available, to the town police department, upon request and during business hours, their records of all sales to retailers of spray paint or glue.
I. 
Any person who violates any provision of this act is guilty of a petty misdemeanor, punishable by a fine of up to five hundred dollars ($500.00) and/or imprisonment for up to ninety (90) days.
J. 
The parent(s) of any minor caught or convicted of defacing any structure, building, wall, etc., by the use of spray paint, paint, or other substance, shall be held financially responsible for the damage(s) caused and the cleaning or replacement thereof.
(Ordinance 00-1, sec. 1, adopted 2000)