ARTICLE E.  OFFENSES INVOLVING MINORSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215
5-1E-1: ABANDONMENT OF CHILDREN:
5-1E-2: CRUELTY TO CHILDREN:
5-1E-3: ENTICEMENT OF CHILD:
5-1E-4: SALE TO AND CONSUMPTION BY MINORS (REP. BY ORD. 752, 5-8-2007):
5-1E-5: LIQUOR ESTABLISHMENTS:
5-1E-6: OFFENSES BY MINORS:
5-1E-7: ABANDONMENT OF DANGEROUS OBJECTS:
5-1E-8: GLUES, CEMENTS AND AEROSOL SPRAYS:
5-1E-9: TOBACCO PRODUCTS:
5-1E-10: FAILURE OF PARENTAL RESPONSIBILITY:
5-1E-11: CURFEW:

5-1E-1: ABANDONMENT OF CHILDREN: linklink


It is unlawful for the parent, guardian or custodian of a child to intentionally leave the child or abandon him under the circumstances whereby the child may suffer from neglect. (1996 Code § 9.20.010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374000
5-1E-2: CRUELTY TO CHILDREN: linklink

It is unlawful for any parent, guardian or other person having the care or custody of any child to cause or permit any child to be placed in a situation where the life or health of such child will be endangered, or to torture, cruelly confine or cruelly punish such child or to wilfully or negligently expose such child to the inclemency of the weather. (1996 Code § 9.20.020)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374001
5-1E-3: ENTICEMENT OF CHILD: linklink

It is unlawful to persuade any child under the age of sixteen (16) years to enter a vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under article 9 of the criminal code1, or having possession of a child under the age of sixteen (16) years to commit such a crime. (1996 Code § 9.20.030)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374002
5-1E-4: SALE TO AND CONSUMPTION BY MINORS: linklink

(Rep. by Ord. 752, 5-8-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374003
5-1E-5: LIQUOR ESTABLISHMENTS: linklink


A. Unlawful Presence In Liquor Establishments: It is unlawful for the owner or operator of any establishment serving alcoholic beverages to permit any person under the age of twenty one (21) years to attend, frequent or loiter in or about such premises unless such person is accompanied by his parent or guardian. (1996 Code § 9.20.050; amd. 2002 Code)


B. Employment Of Minors:

1. Except as provided in subsection B2 of this section, it is a violation of the liquor control act for any person licensed pursuant to the provisions of the liquor control act or for any employee, agent or lessee of that person knowingly to employ or use the service of any minor in the sale and service of alcoholic beverages.

2. A person holding a dispenser's, restaurant or club license may employ persons nineteen (19) years of age or older to sell or serve alcoholic beverages in an establishment that is held out to the public as a place where meals are prepared and served and the primary source of revenue is food, and where the sale or consumption of alcoholic beverages is not the primary activity, except that a person under the age of twenty one (21) years of age shall not be employed as a bartender. (2002 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374004
5-1E-6: OFFENSES BY MINORS: linklink


A. False Statement Or Identification: It is unlawful for any minor to make false statements or to furnish, present or exhibit any fictitious or false registration card, identification card or other instrument, or to furnish, present or exhibit any document issued to another person, for the purpose of gaining admission to prohibited places or for the purpose of procuring the sale, gift or delivery of prohibited articles including, but not limited to, alcoholic beverages.


B. Procuring Unlawful Services: It is unlawful for any minor to engage or authorize the services of any other person to procure for such minor any article which the minor is prohibited by law to purchase. (Ord. 652, 6-25-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374005
5-1E-7: ABANDONMENT OF DANGEROUS OBJECTS: linklink


A. Containers: It is unlawful to abandon, discard or keep in any place accessible to children any refrigerator, icebox, freezer, airtight container, cabinet or similar container of a capacity of one and one-half (11/2) cubic feet or more which is no longer in use without sealing or removing the doors or other entrances so as to make it impossible for any child to be imprisoned therein or, being the owner, lessee or operator of any premises, to permit such articles to remain upon such premises in a condition whereby a child may be imprisoned therein.


B. Plastic Bags: It is unlawful for any person to abandon, expose, leave in any place accessible to children or permit upon premises under his control any plastic bag without first tearing the same sufficiently to render it no longer dangerous to a child. (1996 Code § 9.20.090)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374006
5-1E-8: GLUES, CEMENTS AND AEROSOL SPRAYS: linklink


A. Definition: 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, methyl isobutyl ketone, amyl acetate, butyl acetate, ethyl acetate, tricresyl phosphate, butyl alcohol, ethyl alcohol, isopropyl alcohol, and methyl cellosolve acetate. (1996 Code §§ 9.20.100, 9.20.110)


B. Sales Of Certain Glues And Cements:

1. Sales To Minors Prohibited: No person shall sell glue to any person under eighteen (18) years of age. A driver's license or state of New Mexico identification card shall be prima facie proof of age. (1996 Code § 9.20.110)

2. Records Of Sales: Wholesale distributors of glue shall make available to the health services division of the state department of health and to law enforcement agencies of the city during business hours their records of all sales to retailers of glue. (1996 Code § 9.20.110; amd. 2002 Code)

3. Violation: Any person violating any provision of this subsection is guilty of a petty misdemeanor. (1996 Code § 9.20.100)


C. Use, Possession Of Glue Or Aerosol Spray:

1. Prohibitions:

a. No person shall intentionally smell, sniff or inhale the fumes or vapors from a glue, aerosol spray product or other chemical substance 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.

b. No person shall intentionally possess a glue, aerosol spray product or other chemical substance for any purpose set forth in subsection C1a of this section.

2. Exemptions: The provisions of this subsection do not apply to any aerosol product or other chemical substance used for legitimate medicinal purposes and obtained either on a prescription basis or for medicinal purposes by a person over the age of eighteen (18).

3. Violation; Waiver Of Penalty: Any person who violates any provision of this subsection is guilty of a misdemeanor. The sentence or fine may be waived in the discretion of the court in the case of any person who has not been previously convicted of violating this subsection and who has successfully completed a drug education or treatment program approved by the court. (1996 Code § 9.20.110)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374007
5-1E-9: TOBACCO PRODUCTS: linklink


A. Definition: As used in this section, "minor" means an individual less than eighteen (18) years of age. (1996 Code § 9.20.120)


B. Prohibitions:

1. No person shall knowingly sell, offer to sell, barter or give any tobacco product to any minor.

2. No minor shall procure or attempt to procure any tobacco products for his own use or for use by any other minor.

3. No person shall sell, offer to sell or deliver a tobacco product in a form other than an original factory sealed package. (1996 Code § 9.20.130)


C. Identification:

1. Evidence of the age and identity of the person may be shown by any document that contains a picture of the person issued by a federal, state, county or municipal government, including a motor vehicle driver's license or an identification card issued to a member of the armed forces. (1996 Code § 9.20.140)

2. Any person selling goods at retail or wholesale may refuse to sell tobacco products to any person who is unable to produce an identity card as evidence that he is eighteen (18) years of age or over. (1996 Code § 9.20.150)

3. No minor shall present any written, printed or photostatic evidence of age or identity that is false for the purpose of procuring or attempting to procure any tobacco products. (1996 Code § 9.20.160)


D. Sales From Vending Machines: Tobacco products may be sold by vending machines in the following locations only:

1. In locations not held open to the public, including controlled areas within factories, businesses and offices;

2. In age controlled locations where minors are not permitted unless accompanied by a parent or guardian; or

3. In locations where alcoholic beverages are offered for sale for the purpose of consumption on the premises. (1996 Code § 9.20.170)


E. Free Samples: A person who sells, distributes, promotes or advertises tobacco products shall not provide free samples of tobacco products to a minor. The provisions of this subsection shall not apply to an individual who provides free samples of tobacco products to a family member or to an acquaintance on private property not held open to the public. (1996 Code § 9.20.180)


F. Sign Required: A person, firm, corporation, partnership or other entity engaged in the sale at retail of tobacco products shall prominently display in the place where tobacco products are sold and where a tobacco product vending machine is located, a printed sign or decal that reads as follows:

    A person less than 18 years of age who purchases a tobacco product is subject to a fine of up to $1,000. A person who sells a tobacco product to a person less than 18 years of age is subject to a fine of up to $1,000.


G. Inspections: The alcohol and gaming division of the state regulation and licensing department and the appropriate law enforcement authorities shall conduct random, unannounced inspections of facilities where tobacco products are sold to ensure compliance with the provisions of this section. (1996 Code § 9.20.200; amd. 2002 Code)


H. Violation; Penalties:

1. Any person who violates any provisions of subsection B, C2, D, E or F of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of New Mexico Statutes Annotated section 31-19-1. Each violation is a separate and distinct offense.

2. Any minor who violates any provision of subsection B2 or C3 of this section shall be punished by a fine not to exceed one hundred dollars ($100.00) or forty eight (48) hours of community service. (1996 Code § 9.20.210)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374008
5-1E-10: FAILURE OF PARENTAL RESPONSIBILITY: linklink

It is unlawful for any parent, guardian or other adult person having the care and custody of a minor to knowingly permit such minor to violate the provisions of this section, subsection 5-1B-11C, section 5-1E-5 or 5-1E-6 of this chapter. (1996 Code § 9.20.080; amd. 2002 Code; Ord. 752, 5-8-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374009
5-1E-11: CURFEW: linklink


A. Definition: "Juvenile" means anyone who has not reached his or her eighteenth birthday.


B. Established: It is unlawful for a parent, legal guardian or other person in lawful control of a juvenile to permit a juvenile in his or her custody or control to be present in or upon any public assembly including any public assembly on private property, or be present in or on any building, place, street, or highway open or available to the public, or be present in or on property on which the owner or occupant has contacted the mayor in writing and requested that this provision be enforced with respect to such property, unless such juvenile be accompanied and supervised by a parent, legal guardian, or other person in lawful control of such juvenile and who is at least eighteen (18) years of age, unless such juvenile be engaged and on duty in a business or other occupation under which the laws of this state authorize a person less than eighteen (18) years of age to perform, between the following hours of the day:

1. Twelve o'clock (12:00) midnight on Friday and Saturday and six o'clock (6:00) A.M. the following day, or

2. Eleven o'clock (11:00) P.M. on Sunday through Thursday and six o'clock (6:00) A.M. the following day.

3. A juvenile who is in or on a moving vehicle during curfew hours shall not be stopped unless a police officer has reason to believe, based upon his observation and the surrounding circumstances, that the juvenile is out after curfew as defined in this subsection B. No juvenile shall be arrested or cited for any violation of this section.


C. Enforcement:

1. Report Of Violation: Any duly authorized law enforcement officer of the city of Artesia who, during the hours of curfew set forth in subsection B of this section, finds a juvenile in or upon any public assembly including any public assembly on private property, or present on or within any building, place, street, or highway open or available to the public, or present on property on which the owner or occupant has contacted the mayor in writing and requested that this provision be enforced, shall thereupon promptly ascertain the name, phone number, and address of the parent, legal guardian or other person in lawful control of the juvenile and shall promptly report such violation to his/her superior officer, together with the name and address of the juvenile and the parent, guardian, or other person in lawful control of said juvenile.

2. Written Notice: Said superior officer or his designee shall cause a written notice to be served, by personal service by a police officer, or by certified mail, upon the parent, guardian or other person in charge of such juvenile, setting forth the date and manner by which this section has been violated.

3. Presumptions Of Responsibility: The parent, guardian, or other person in lawful control of a juvenile, shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and/or control and said juvenile shall further be deemed to have committed the acts described herein with the knowledge and permission of such parent, guardian, or other person in lawful control of said juvenile in violation of this section.


D. Penalty: Any parent, guardian or person in charge of a juvenile, who, during the curfew hours set forth in subsection B of this section and within a period of one year from the date of any previous violation, shall permit such juvenile again to violate this section shall be subject to the penalties which are prescribed in title 1, chapter 4 of this code. (Ord. 735, 8-8-2006)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41215#s374010


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: NMSA § 30-9-1 et seq.