§ 9.20.030. Curfew hours for minors.

A. Definitions. In the construction of this amendment to the criminal code the following definitions shall be observed:

"Curfew hours" means:

1.

Eleven p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until six a.m. of the following day; and

2.

Twelve a.m. on any Friday or Saturday until six a.m. of the following day.

"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Establishment" means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

"Guardian" means a person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.

"Minor" means any person under eighteen years of age.

"Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

"Parent" means a person who is a natural parent, adoptive parent or step-parent of another person or at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

"Remain" means to linger or stay or fail to leave premises when requested to do so by a police officer or owner, operator or other person in control of the premises.

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

B.

Offenses.

1.

A minor commits an offense if he remains in any public place or on the premises of any establishment within the village during curfew hours.

2.

A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the village during curfew hours.

3.

The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

C.

Defenses.

1.

It is a defense to prosecution under subsection B of this section that the minor was:

a.

Accompanied by the minor's parent or guardian;

b.

On an errand at the direction of the minor's parent or guardian, without detour or stop;

c.

In a motor vehicle involved in interstate travel;

d.

Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

e.

Involved in an emergency;

f.

On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

g.

Attending an official school, religious or other recreational activity supervised by adults and sponsored by the village of Los Lunas, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the village of Los Lunas, a civil organization or another similar entity that takes responsibility for the minor;

h.

Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or

i.

Married or had been married or had disabilities of minority removed in accordance with the New Mexico Code.

D.

Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection C of this section is present.

E.

Penalties.

1.

A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars.

2.

When required by the New Mexico Code, the municipal court shall waive original jurisdiction over a minor who violates this chapter.

(Ord. 219, 1995; Ord. 212 (part), 1994)