SAN JUAN COUNTY

AN ORDINANCE PROVIDING FOR A CURFEW

FOR PERSONS UNDER EIGHTEEN YEARS OF AGE;

PROVIDING FOR EXCEPTIONS;

PROVIDING FOR PENALTIES;

PROVIDING FOR PARENTAL AND ADULT OBLIGATIONS.

BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY, NEW MEXICO:

SECTION 1. SHORT TITLE. --

This Ordinance may be cited as the "San Juan County Youth Curfew Ordinance."

"ESTABLISHMENT." -- "Establishment," as used herein, is defined as 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.

"PUBLIC PLACE." -- The phrase, "public place," as used herein, is defined as any place to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, buildings, apartment houses, office buildings, transport facilities and shops.

The San Juan County Youth Curfew Ordinance is intended to protect the youth of San Juan County from such negative influences as juvenile vandalism, crime, violence and drug usage. In enacting this Ordinance, the Board of County Commissioners recognizes the peculiar vulnerability of children to such negative influences, the inability of children to make critical decisions in an informed, mature manner, and the importance of parental or adult guidance in child development. A limited curfew is deemed necessary to prevent the youth of San Juan County from access to negative influences without parental or adult guidance and supervision.

It shall be unlawful for any person under the age of sixteen (16) years to be in a public place or establishment between the hours of 10:30 p.m. and 5:00 a.m., daily, subject to the exceptions provided herein.

It shall be unlawful for any person sixteen (16) years and older and under the age of eighteen (18) years to be in a public place or establishment between the hours of 11:30 p.m. and 5:00 a.m., Sunday through Thursday, and 12:30 a.m. and 5:00 a.m. Friday and Saturday, subject to the exceptions provided herein.

ERRANDS ON BEHALF OF PARENT OR GUARDIAN. -- Persons under eighteen (18) years of age are excepted from the provisions of Section 4 and 5 herein if engaged upon an errand under the direction of a parent, legal guardian or other responsible adult having care and custody of the person. Detours or stops not specifically authorized by the parent or guardian are not excepted.

EMPLOYMENT ACTIVITY. -- Persons under eighteen (18) years of age are excepted from the provisions of Sections 4 and 5 herein if engaged in lawful employment, including travel to and from work. Detours or stops not related in some way to employment activity are not excepted.

SCHOOL, RELIGIOUS OR RECREATIONAL FUNCTIONS. -- Persons under eighteen (18) years of age are excepted from the provisions of Sections 4 and 5 herein while attending or engaged in a school, religious or recreational function which is sponsored and supervised by adults. This exception also applies to the person’s travel to and from such activity. Detours or stops not related in some way to the school, religious or recreational functions are not excepted.

EXERCISE OF CONSTITUTIONAL RIGHTS. -- Persons under eighteen (18) years of age are excepted from the provisions of Sections 4 and 5 herein if engaged in lawfully exercising constitutional rights protected by the United States Constitution or the Constitution of the State of New Mexico, such as the free exercise of religion, freedom of speech or the right to peaceably assemble and petition for a redress of grievances. This exception also applies to the person’s travel to and from such activity. Detours or stops not related in some way to the exercise of constitutional rights are not excepted.

MARRIED PERSONS. -- Persons under eighteen (18) years of age who are married are excepted from the provisions of Sections 4 and 5 herein.

EMANCIPATED MINORS. -- Persons under eighteen (18) years of age who have been emancipated under New Mexico law are exempted from the provisions of Section 4 and 5 herein.

PERSONS ACCOMPANIED BY PARENT OR GUARDIAN. -- Persons under eighteen (18) years of age are excepted from the provisions of Sections 4 and 5 herein if accompanied by a parent, guardian or other responsible adult having care and custody of such person.

EMERGENCIES. -- Nothing herein shall be construed as prohibiting free movement of persons, regardless of age, during an emergency.

SECTION 7. PARENTAL OBLIGATIONS. -- It shall be unlawful for the parent or guardian of any person under eighteen (18) years of age to knowingly permit that person to violate the provisions of Sections 4 and 5, herein. It shall also be unlawful for any parent, guardian or other person having care and custody of a person who has violated Section 4 or Section 5 of this Ordinance and is in custody of a police officer, to knowingly refuse to take custody of said person within a reasonable time after being notified by a police officer that such person has been found and arrested in violation of this Ordinance.

SECTION 8. OWNERS OR OPERATORS OF ESTABLISHMENTS. -- No person owning or operating an establishment as defined by this Ordinance shall knowingly permit any person under eighteen (18) years of age to enter or remain on the premises of such an establishment in violation of Sections 4 and 5 herein. This section shall not apply to any person who is lawfully employed on the premises or whom is otherwise excepted from the provisions of this Ordinance by Section 6, herein.

PERSONS UNDER EIGHTEEN YEARS OF AGE. -- Any person under the age of eighteen years who violates Section 4 or Section 5 this Ordinance is subject to immediate arrest. Upon arrest, the person shall be returned to the custody of the parent, guardian or other responsible adult having care and custody of the person.

PERSONS EIGHTEEN YEARS OF AGE OR OVER. -- Any persons eighteen years of age or over who violates Section 7 or Section 8 of this Ordinance shall be punished by imposition of a fine not to exceed three hundred dollars ($300.00), or by imprisonment for a period not to exceed ninety (90) days, or both.

/s/ John A. Dean, Chairman

/s/ Ervin Chavez, Chairman Pro-tem

/s/ Gordon Crane, Member

ATTEST:

/s/ Carol Bandy, County Clerk