9.24.052 Curfew-Defenses.

   A.   It is a defense to prosecution under Section 9.24.051 that the minor was:

      1.   Accompanied by the minor's parent or guardian;

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

      3.   In a motor vehicle involved in interstate travel;

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

      5.   Involved in an emergency;

      6.   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;

      7.   Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, 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 city, a civic organization, or another similar entity that takes responsibility for the minor;

      8.   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

      9.   Married or had been married or has disabilities of minority removed in accordance with Chapter 26 of the New Mexico Human Rights Act.

   B.   It is a defense to prosecution under Section 9.24.051(C) that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Ord. 393 (part), 1995)

9.24.053 Curfew-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 Section 9.24.052 is present. (Ord. 393 (part), 1995)

9.24.054 Curfew-Penalties.

   A person who violates a provision of the ordinance codified in 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 of not more than five hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment. (Ord. 393 (part), 1995)

9.24.060 Purchasing or possession of alcoholic beverages unlawful.

   It is unlawful for any person under the age of twenty-one years to buy, receive, possess or permit himself to be served with any alcoholic liquor unless accompanied by a consenting parent, guardian or legal custodian who is actually physically and personally present at the time the alcoholic liquor is bought, received, possessed, served or delivered to him. (Ord. 400, 1996: Ord. 330 (part), 1984: prior code § 7-4-11)

9.24.070 False 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 instruments, 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 or for the purpose of consummating any transaction within the city or for the purposes of deceiving or misleading any person as to his or her true age. (Ord. 401, 1996: Ord. 330 (part), 1984: prior code § 7-4-7 (b))

9.24.080 Procuring services of others for unlawful purchases.

   It is unlawful for any minor to engage or authorize the services of any other person to procure for such minor any articles which the minor is prohibited by law to purchase. (Ord. 330 (part), 1984: prior code § 7-4-7 (c))

9.24.090 Unlawful assistance to minors.

   It is unlawful for any person to knowingly buy, procure or obtain from or for, sell or serve to, any minor person under the age of twenty-one years, any alcoholic beverages, or to induce any person to buy, procure, obtain, sell, serve or deliver any alcoholic beverages to a minor, or by actual or constructive misrepresentation of any facts calculated to cause, or by the concealment of any facts which are calculated to cause, any other person selling, serving or delivering such alcoholic beverages to sell to a minor, or to another person for ultimate delivery to a minor. (Ord. 330 (part), 1984: prior code § 7-4-4)

9.24.100 Allowing minors in certain establishments prohibited,

   A.   It is unlawful for the owner or operator of any establishment serving alcoholic beverages to permit any person under the age of twenty-one years to attend, work in, frequent or loiter in or about such premises unless such person is accompanied by his parent or guardian.

   B.   It is unlawful for the owner or operator of any pool room or billiard parlor open to the general public, or where membership is required, to permit any person under the age of eighteen years to attend, frequent or loiter in or about such premises unless such person is accompanied by his parent or guardian. (Ord. 330 (part), 1984: prior code § 7-4-6)