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Each violation of this article is a separate violation of § 1-1-99 ROA 1994. Without limitation on the foregoing, each day that passes when a probationary sex offender should have notified but failed to notify the employer, as required hereunder, is a separate offense.
(Ord. 36-2003)
(A) The City Council finds that many sex offenders pose a significant risk to the health and safety of inhabitants of the City of Albuquerque. The Council further finds that these offenders will likely re-offend and that treatment and rehabilitation efforts are largely ineffective. The City Council finds that a more comprehensive local counterpart of the New Mexico Sex Offender Registration and Notification Act which includes regulations and requirements in addition to registration will help prevent offender exploitation of exceptions in existing laws and provide additional safety for Albuquerque inhabitants. The City Council further finds that §§ 11-12-2-1 et seq. are remedial sections designed to protect occupants of the City of Albuquerque. The City Council further finds §§ 11-12-2-1 et seq. to be the most narrowly tailored means of furthering compelling governmental interests. Sections 11-12-2-1 et seq. hereby conform to a memorandum opinion entered on January 30, 2004 in American Civil Liberties Union of New Mexico and John Does 1-4 v. City of Albuquerque, No. CV-2003-8803.
(B) The City Council finds that the protection of the victims and potential victims of sex offenders in Albuquerque is a matter of unique local concern not fully and adequately addressed by the New Mexico Sex Offender Registration and Notification Act. The City Council finds that statewide offenders move to Albuquerque from smaller towns and rural areas in New Mexico to seek treatment, housing, employment and the solace of anonymity available in a larger population. The City Council finds that the evidence on sex offender recidivism and victim impact which was heard by the City Council on March 17, 2003 and April 7, 2003 pertaining to the Sex Offender Alert Program, Bill No. F/S O-03-92, Enactment No. 19-2003, and in the hearings pertaining to F/S O-03-125, Enactment No. 43-2003, is pertinent herein and therefore incorporated by reference. The City Council finds that statewide registration laws do not entirely occupy the field of sex offender registration and further finds precedent for local versions of registration laws and measures based on the unique local concerns reflected in local laws passed by other local governments.
(Ord. 43-2003; Am. Ord. 17-2004)
Sections 11-12-2-1 et seq. shall be referred to as the Albuquerque Sex Offender Registration and Notification Act or "ASORNA."
(Ord. 43-2003; Am. Ord. 17-2004)
For the purposes of §§ 11-12-2-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT.
Any person 18 years of age or older.
APD.
The Albuquerque Police Department.
ASORNA VIOLATIONS.
Violations of §§ 11-12-2-1 et seq..
CHILD
or
CHILDREN.
Persons under 18 years of age. The singular and plural shall include one another. If the applicable statute defining a crime against a child refers to a child younger than 18, the younger age shall control.
CITY.
The geographical limits of the City of Albuquerque and the City of Albuquerque municipal corporation.
EXTENDED STAY ESTABLISHMENT.
Any hotel, motel, rooming house, inn, rooming unit, bed and breakfast, residence inn, country inn, motor court, R-V park or motor lodge that lets or provides any space for occupancy by any person. Any place of business that provides services or utilities to motor-homes, recreational vehicles, trucks with campers or any other motor vehicle in which an individual does or may sleep overnight is an
EXTENDED STAY ESTABLISHMENT
under ASORNA.
HIS.
His or her.
HOMELESS ADULT.
Any adult who has been in the city for more than 24 hours or intends to be in the city for more than 24 hours without a residence or place of lodging.
HOMELESS SHELTER.
Any structure that provides temporary housing to a homeless adult.
INTERNET.
An interactive computer service or system or an information service, system or access software provider that provides or enables computer access by multiple users to a computer server and includes, but is not limited to, an information service, system or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other on-line service. The City Internet shall mean any Internet site made available by the city to the public.
NMSA.
The most current version of a statute compiled in New Mexico Statutes Annotated.
OUTSIDE NEW MEXICO.
Anywhere outside the geographical borders of New Mexico or any federal enclave, Indian trust lands or reservations located inside the geographical borders of New Mexico.
REGISTRANT.
Any person required to register under ASORNA.
REGISTRATION YEAR.
One year from the date of first registration under ASORNA.
RESIDENT.
Any person who (1) lives in the city in any apartment or home, (2) has a usual place of abode in the city, (3) is domiciled in the city or (4) temporarily present in the city and staying at a homeless shelter or an extended stay establishment.
RESPONSIBLE ADULT.
An adult who is not a sex offender.
SCHOOL.
A licensed or accredited public, private or religious school that offers instruction to students in kindergarten through any grade up to grade twelve.
SEX OFFENDER.
An adult who: (1) is a resident of the city who is convicted of a sex offense against a child in New Mexico or, (2) changes his residence to the city after that person has been convicted of a sex offense against a child or offense substantially similar to a sex offense against a child outside New Mexico, (3) is a resident of the city who is convicted of a sex offense against a child or offense substantially similar to a sex offense against a child outside New Mexico or (4) is a sex offender who is convicted of a sex offense against a child or offense substantially similar to a sex offense against a child outside New Mexico and is temporarily in the city for more than three consecutive days at any time or an aggregate of ten or more days in a registration year.
SEX OFFENSE.
Shall have the same meaning the term has under § 29-11A-3(B) NMSA 1978 (Repl. Pamp. 2001) except that ASORNA includes only offenses against children and not offenses against adults.
SEX OFFENDER VIOLATION.
A violation of any law defined as a sex offense above or a violation of ASORNA.
SORNA.
The New Mexico Sex Offender Registration and Notification Act, §§ 29-11A-1 NMSA as amended from time to time.
WARD.
A child who has a legal guardian.
(Ord. 43-2003; Am. Ord. 17-2004)
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