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State law references–Review of juvenile curfew order or ordinance, V.T.C.A., Local Government Code, sec. 370.002; children taken into custody for violation of juvenile curfew or order, Tex. Code Crim. Proc., art. 45.059.
Curfew hours.
(1) 
11:00 p.m. Sunday evening until 6:00 a.m. Monday morning;
(2) 
11:00 p.m. Monday evening until 6:00 a.m. Tuesday morning;
(3) 
11:00 p.m. Tuesday evening until 6:00 a.m. Wednesday morning;
(4) 
11:00 p.m. Wednesday evening until 6:00 a.m. Thursday morning;
(5) 
11:00 p.m. Thursday evening until 6:00 a.m. Friday morning;
(6) 
1:00 a.m. Saturday morning until 6:00 a.m. Saturday morning; and
(7) 
1:00 a.m. Sunday morning until 6:00 a.m. Sunday morning.
Emergency.
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent loss of life or serious bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Establishment.
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.
Guardian.
(1) 
A person who, under court order, is the guardian of the person of a juvenile; or
(2) 
A public or private agency with whom a juvenile has been placed by a court.
Juvenile.
Any person under seventeen (17) years of age.
Operator.
Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
Parent.
A person who is:
(1) 
A natural parent, adoptive parent, or stepparent of another person; or
(2) 
At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a juvenile.
Public place.
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Remain.
To:
(1) 
Linger or stay; or
(2) 
Fail to leave premises when requested to do so by a Police Officer or the owner, operator, or other person in control of the premises.
(Ordinance CO11-19-02-28-E1 adopted 2/28/19; Ordinance CO15.22.02.10.E2 adopted 2/10/2022)
(a) 
A juvenile commits an offense if he remains in any public place or on the premises of any establishment within the City during curfew hours.
(b) 
A parent or guardian of a juvenile commits an offense if he knowingly permits, or by insufficient control allows, the juvenile to remain in any public place or on the premises of any establishment within the City during curfew hours.
(c) 
The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a juvenile to remain upon the premises of the establishment during curfew hours.
(Ordinance CO11-19-02-28-E1 adopted 2/28/19; Ordinance CO15.22.02.10.E2 adopted 2/10/2022)
(a) 
It shall be an affirmative defense to a violation under section 8.04.002 if the juvenile:
(1) 
Is accompanied by the juvenile's parent or guardian;
(2) 
Is on an errand at the direction of the juvenile's parent or guardian, without any detour or stop;
(3) 
Is in a motor vehicle involved in interstate travel;
(4) 
Is engaged in an employment activity, or going to or returning home from any employment activity, without any detour or stop;
(5) 
Is involved in an emergency;
(6) 
Is on the sidewalk abutting the juvenile's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the juvenile's presence;
(7) 
Is participating in a work-study program; or attending a sponsored activity or event through the juvenile's school, the City, a religious or civic organization, or other person or entity that takes responsibility for the juvenile, including travel without detour or stop to a destination as required by such coursework, program, activity, or event;
(8) 
Is 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) 
Is married or has been married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code.
(b) 
It shall be an affirmative defense to a violation under section 8.04.002(c) if the owner, operator, or employee of an establishment promptly notified the Police Department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.
(Ordinance CO11-19-02-28-E1 adopted 2/28/19; Ordinance CO15.22.02.10.E2 adopted 2/10/2022)
Before taking any enforcement action under this Article, 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 Article unless the officer reasonably believes that an offense has occurred and that, based on the juvenile's response and other circumstances, no affirmative defense in section 8.04.003 is present.
(Ordinance CO11-19-02-28-E1 adopted 2/28/19; Ordinance CO15.22.02.10.E2 adopted 2/10/2022)
(a) 
A person who violates a provision of this Article 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 in accordance with the general penalty provision found in section 1.01.009 of this Code.
(b) 
When required by section 51.08 of the Texas Family Code, as amended, the Municipal Court shall waive original jurisdiction over a juvenile who violates section 8.04.002(a) of this Article and shall refer the juvenile to juvenile court.
(Ordinance CO11-19-02-28-E1 adopted 2/28/19; Ordinance CO15.22.02.10.E2 adopted 2/10/2022)