Chapter 9.40
OFFENSES BY OR AGAINST MINORS
Sections:
9.40.020 Abandonment of children.
9.40.030 Enticement of children.
9.40.040 Minors in licensed premises.
9.40.070 Failure of parental responsibility.
9.40.080 Abandonment of dangerous containers.
9.40.090 Glues – Limiting the sales.
9.40.010 Sales to minors.
It is unlawful to give, sell, trade, barter or exchange anything of value for any deadly weapon, air rifle, air gun or BB gun, or ammunition for any firearm to any person under the age of 18 years; provided, that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms for his/her child or ward.
Whoever commits sales to minors is guilty of a petty misdemeanor. [Amended during 2014 codification; Ord. 241 § 2-1-20, 2007].
9.40.020 Abandonment of children.
Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect.
Whoever commits abandonment of a child is guilty of a misdemeanor. [Ord. 241 § 5-1-1, 2007].
9.40.030 Enticement of children.
Enticement of a child consists of:
A. Enticing, persuading or attempting to persuade a child under the age of 16 years to enter any vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under Article 9 (Sections 30-9-1 through 30-9-9 NMSA 1978) of the criminal code; or
B. Having possession of a child under the age of 16 years in any vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under Article 9 of the criminal code.
Whoever commits enticement of a child is guilty of a misdemeanor. [Ord. 241 § 5-1-2, 2007].
9.40.040 Minors in licensed premises.
A minor shall not enter or attempt to enter any area of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors, except as authorized by regulation or as necessitated by an emergency.
A person who violates the provisions of this section is guilty of a petty misdemeanor. [Ord. 241 § 5-1-3, 2007].
9.40.050 Loitering of minors.
Loitering of minors consists of the owner or operator of any saloon 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 the person.
Whoever commits loitering of minors is guilty of a petty misdemeanor. [Ord. 241 § 5-1-4, 2007].
9.40.060 Offenses by minors.
A. Curfew. 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, or vacant lots between the hours of 10:00 p.m. and 5:00 a.m. Sunday through Thursday and 11:00 p.m. and 5:00 a.m. Friday and Saturday; provided, however, 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 or custody of him/her or when immediately returning from a sanctioned school event.
Whoever commits a violation of this subsection is guilty of a petty misdemeanor.
B. 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.
Whoever commits a violation of this subsection is guilty of a petty misdemeanor.
C. 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.
Whoever commits a violation of this subsection is guilty of a petty misdemeanor. [Amended during 2014 codification; Ord. 241 § 5-1-5, 2007].
9.40.070 Failure of parental responsibility.
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 VCMC 9.40.050, 9.40.060 or 9.45.020(B).
Whoever commits a violation of this section is guilty of a petty misdemeanor. [Ord. 241 § 5-1-6, 2007].
9.40.080 Abandonment of dangerous containers.
Abandonment of dangerous containers consists of any person:
A. Abandoning, discarding or keeping in any place accessible to children any refrigerator, icebox, freezer, airtight container, cabinet or similar container, of a capacity of one and one-half 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; or
B. Who, being the owner, lessee or manager of any premises, knowingly permits any abandoned or discarded refrigerator, icebox, freezer, airtight container, cabinet or similar container of a capacity of one and one-half cubic feet or more, and which remains upon such premises in a condition whereby a child may be imprisoned therein.
Whoever commits abandonment of dangerous containers is guilty of a petty misdemeanor. [Ord. 241 § 5-1-7, 2007].
9.40.090 Glues – Limiting the sales.
A. No person shall sell glue to any person under 18 years of age. A New Mexico driver’s license shall be prima facie proof of age.
B. 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.
Any person violating any provision of this section is guilty of a petty misdemeanor. [Ord. 241 § 5-1-8, 2007].