CITY of ALBUQUERQUE
TWENTY-SECOND COUNCIL
COUNCIL BILL NO. O-16-26 ENACTMENT NO. ________________________
SPONSORED BY: Patrick Davis
ORDINANCE
title
Adopting A New Section Or Article 2 Chapter 12 ROA 1994, Offenses Relating To Public Order And Safety Within The Criminal Code Of Albuquerque; Proscribing Criminal Threats Against Schools Or Public Places (Davis)
body
ADOPTING A NEW SECTION OR ARTICLE 2 CHAPTER 12 ROA 1994, OFFENSES RELATING TO PUBLIC ORDER AND SAFETY WITHIN THE CRIMINAL CODE OF ALBUQUERQUE; PROSCRIBING CRIMINAL THREATS AGAINST SCHOOLS OR PUBLIC PLACES.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. Findings
WHEREAS, violent threats against schools which threaten the safety of our community and children have seen a dramatic rise in recent years; and
WHEREAS, the nature and origin of such threats have expanded to more modern forms of media such as email or social media, which forms have not traditionally been subject to existing criminal laws against threats to public safety; and
WHEREAS, notwithstanding the reality of such threats, this ordinance is drafted with a commitment to honor protected speech and first amendment rights.
SECTION 2. Section 12-2-29, ROA 1994, is hereby adopted as follows:
“(A) SHORT TITLE.
SECTION §12-2-29 ROA 1994 shall be known and cited as the “Safe Schools and Public Places Ordinance”.
(B) DEFINITIONS.
CRIMINAL THREAT TO A SCHOOL OR PUBLIC PLACE. For purposes of this section a criminal threat to a school or public place is any true threat, other than a “bomb scare” as already proscribed under NMSA 1978 § 30-20-16, to commit violence communicated with intent to place another in fear, or to cause the evacuation, lock down or disruption in regular, ongoing activities of any school building, public building or space, or place of assembly or facility or transportation, or in reckless disregard of the risk of causing such fear or evacuation, lock down or disruption in regular, ongoing activities.
(C) CRIMINAL THREATS TO SCHOOLS OR PUBLIC PLACES UNLAWFUL. It is unlawful for any person to make or cause to be made any criminal threat to a school or public place.”
SECTION 3. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 4. COMPILATION. SECTION 2 of this Ordinance shall be incorporated in and made part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect five days after publication by title and general summary.
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