Prohibited acts. It shall be unlawful
for any person within the incorporated limits of the city to:
(2)
Display, at any business establishment at which persons sixteen (16) years of age or younger are permitted to enter, any of the items listed in subsection (1) above, in such a manner that these products are accessible to the public without the assistance of the sales personnel of such establishment.
(1959 Code, sec. 19-19.1; Ordinance 7960, sec. 1, adopted 11/29/1979; 1983 Code, secs. 12-1, 12-2; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)
(a)
As used in this section, aerosol paint or glue shall mean and include
any aerosol paint or glue containing one or more of the following
volatile solvents:
(1)
Acetone.
(2)
Amylacetate.
(3)
Benzol or benzene.
(4)
Butyl acetate.
(5)
Butyl alcohol.
(6)
Carbon tetrachloride.
(7)
Chloroform.
(8)
Cyclohexanone.
(9)
Ethanol or ethyl alcohol.
(10)
Ethyl acetate.
(11)
Hexane.
(12)
Isopropanol or isopropyl alcohol.
(13)
Isopropyl acetate.
(14)
Methyl “cellosolve” acetate.
(15)
Methyl ethyl ketone.
(16)
Methyl isobutyl ketone.
(17)
Toluol or toluene.
(18)
Trichloroethylene.
(19)
Tricresyl phosphate.
(20)
Xylol or xylene.
(b)
It shall be unlawful for any person within the incorporated limits
of the city to do any of the following acts:
(1)
To sell or transfer possession of any glue or aerosol paint defined in subsection (a) to any person under the age of eighteen (18) years.
(2)
To display at any business establishment, at which persons under eighteen (18) years of age are permitted to enter, any glue or aerosol paint defined in subsection (a) in such a manner that these products are accessible to the public without the assistance of the sales personnel of such establishment.
(3)
To purposely inhale any fumes, odors or gases from any glue or aerosol paint defined in subsection (a) for the purpose of becoming intoxicated, dizzy, imbalanced or unconscious. This subsection shall not apply to persons inhaling any anesthesia administered by qualified medical personnel for medical or dental purposes.
(c)
All juveniles shall be handled in accordance with the Texas Family
Code and shall not be subject to criminal prosecution, but shall be
referred to the appropriate agency for treatment according to written
guidelines established by the police department and approved by juvenile
court.
(d)
A person making a sale of glue or aerosol paint defined in subsection (a) may record the name, address, sex and age of the purchaser. If the seller believes or has reason to believe that the product is being purchased for a use prohibited by this section, he may report such information to the police department or other appropriate officials.
(1959 Code, sec. 19-20.2; Ordinance 7556, sec. 1, adopted 10/27/1977; Ordinance 7902, sec. 1, adopted 8/23/1979; 1983 Code, sec. 12-3; Ordinance 9320, sec. 7, adopted 12/14/1989; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)
(a)
It shall be unlawful for any juvenile or child, as defined in section
51.02 of the Texas Family Code, or subminor, as defined under the
curfew ordinance of the city, to engage in the inhalation of the fumes
or vapors of petroleum byproducts or solvents. The act of engaging
in the act of inhaling such substances shall mean the inhaling by
such juvenile or child of such substances, the solicitation by such
juvenile or child of another juvenile or child to engage in such inhalation
act or the purchase, acquisition by any means or furnishing such petroleum
byproducts or solvents for the purpose of inhalation.
(b)
Any juvenile, child or subminor found guilty of the above offense
shall be guilty of delinquent conduct as defined section 51.03, Texas
Family Code, and shall be treated in accordance with the provisions
of that section.
(1959 Code, sec. 19-20.3; Ordinance 7592, sec. 1, adopted 12/15/1977; 1983 Code, sec. 12-4; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)
(a)
It shall be unlawful for any person sixteen (16) or less years of
age to be or remain in or upon any public place or in or upon any
establishment within the city between the hours of 11:00 p.m. and
6:00 a.m. of the following day, official city time, except that on
Fridays and Saturdays and nights next preceding school holidays (not
including summer vacation) the hours shall be from 12:00 midnight
to 6:00 a.m.
(b)
It shall be unlawful for any person aged six (6) to sixteen (16)
years of age, inclusive, to be or remain in or upon any public place
or in or upon any establishment within the city between the hours
of 9:00 a.m. and 2:30 p.m. on a school day.
(1983 Code, sec. 18-47; Ordinance 2004-O0114, sec. 1, adopted 10/11/2004; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
(a)
Numerous exceptions will be provided in this section to indicate
that this is not a mere prohibitory or presence type curfew ordinance.
More exceptions become available to juveniles with increasing years
and advancing maturity as appropriate in the interest of reasonable
regulation. In the following exceptional cases a juvenile in or upon
any public place or in and upon an establishment shall not be deemed
in violation of this division. This section is intended as a clear
general guide for juveniles, their parents, and enforcement officials:
(1)
When the juvenile is accompanied by his parent, legal guardian or
authorized adult supervisor.
(2)
When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the rights of assembly, whether parade or demonstration, has been permitted by the city pursuant to article 20.10 of this code, or other bona fide religious, social or school activities involving the right to assemble.
(3)
When engaged in performing an errand or other legitimate business
at the direction of a parent, guardian or supervisory adult, including
travel to and from such location by a direct route.
(4)
When the juvenile is on the sidewalk at the place where such juvenile
resides, or on the sidewalk of either next-door neighbor, when said
neighbor does not object to such presence.
(5)
When the juvenile is engaged in employment activities, such as, but
not restricted to, newspaper delivery.
(b)
All of the above cited exceptions to this division include travel
to and from such activity by a direct route, and this division is
in no way to be construed as a limitation upon normal travel by a
juvenile engaged in interstate movement.
(c)
Each of the foregoing exceptions is severable and in addition other
possible exceptions may be added hereto in the future as warranted
by experience as illuminated by the views of student government associations,
school personnel, citizens, neighborhood spokesmen, parents, officers
and persons in authority concerned positively with minors as well
as juvenile delinquency.
(d)
With respect to section 14.03.031(b) of this division, it shall be an exception that the offense occurred during a scheduled school vacation or holiday observed by the school in which the juvenile is enrolled; or that the juvenile has graduated from high school or received a high school equivalency certificate; or that the juvenile has been emancipated by law; or that the juvenile has permission to be absent from school or to be in a public place from a school official, which in the case of a child being educated in a home school includes [a parent.]
(1983 Code, sec. 18-48; Ordinance 2004-O0114, sec. 1, adopted 10/11/2004; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
It shall be unlawful for a parent knowingly to permit or by
insufficient control to allow a juvenile in his or her care to be
or remain in any public place or to be or remain in any establishment
other than for excepted activities during the curfew hours established
by this division. The term “knowingly” includes knowledge
that a parent should reasonably be expected to have concerning the
whereabouts of a juvenile in such parent’s custody. It shall
be prima facie evidence of violation of this section if a responsible
parent has no knowledge of the juvenile’s whereabouts during
the hours of curfew established by this division. The purpose of this
section is to require neglectful or careless parents to meet the community
standard of parental responsibility.
(1983 Code, sec. 18-49; Ordinance 2004-O0114, sec. 1, adopted 10/11/2004; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
It shall be unlawful for the owner or operator of a business
establishment to allow a juvenile to remain upon such business premises
during the hours of curfew established in this division beyond the
time necessary to conduct an excepted activity. It shall be no defense
to this section that a juvenile made a purchase, if the juvenile did
not immediately make such purchase upon arrival and depart immediately
thereafter. It shall be a defense to prosecution under this section
that the owner or operator of such business establishment has promptly
notified the Lubbock Police Department that juveniles present on the
premises after hours have refused to depart.
(1983 Code, sec. 18-50; Ordinance 2004-O0114, sec. 1, adopted 10/11/2004; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
(a)
A city police officer, upon finding or having his or her attention
called to any juvenile in or on a public place or in or on the premises
of a business establishment in prima facie violation of this division,
may take the juvenile into custody. Such juvenile may be transported
to a juvenile curfew processing office designated by the police chief.
Upon arrival at the juvenile curfew processing office, a parent, legal
guardian or other responsible adult shall be immediately notified
to pick up such juvenile at the juvenile curfew processing office.
A police officer taking a juvenile into custody shall also have discretion
to release such juvenile to a parent, legal guardian or other responsible
adult under circumstances deemed appropriate by the officer. A police
officer also may issue a warning notice to the juvenile in accordance
with section 52.01 of the Texas Family Code and order such juvenile
to go directly and promptly to his or her home. Delinquent conduct
or conduct indicating a need for supervision under sections 51.03
and 52.01 of the Texas Family Code shall be handled in accordance
with applicable provisions of the Family Code pertaining to such conduct,
and juveniles in prima facie violation of such provisions may not
be taken to the city’s curfew processing facility.
(b)
Upon picking up a juvenile in custody, said parent, legal guardian
or other responsible adult may be questioned about the circumstances
of such activity by the juvenile. This is intended to permit ascertainment,
under constitutional safeguards, of relevant facts, and to centralize
responsibility for accurate, effective, fair, impartial and uniform
enforcement and recording, thus making available experienced supervisory
personnel, the best of facilities, and, if required, referral to social
agencies equipped to handle family problems that may be disclosed
by investigation. In the absence of convincing identification, a police
officer on the street may use his or her best judgment in determining
age. Police procedures shall be constantly refined in the light of
experience, and changes herein may be made on the basis of such experience.
(c)
In any event, a police officer shall within twenty-four (24) hours
file a written report on the juvenile incident or shall participate
to the extent possible in the preparation and filing of such a report
by his supervisor.
(d)
When a parent, legal guardian or other responsible adult has come
to take charge of a juvenile and the appropriate information has been
received, the juvenile shall be released to the custody of the parent,
legal guardian or other responsible adult. If a parent, legal guardian
or other responsible adult cannot be located or fails to take charge
of the juvenile, then the juvenile shall be released to appropriate
authorities. However, the police department shall have the discretion
to refuse to release a juvenile to an adult other than the parent
or legal guardian of the juvenile.
(e)
A juvenile may not be held at the juvenile curfew processing office
for more than six (6) hours. During such time, the following procedures
shall be observed:
(1)
The office must be an unlocked, multipurpose area that is not designated,
set aside, or used as a secure detention area or part of a secure
detention area;
(2)
The juvenile may not be secured physically to a cuffing rail, chair,
desk, or stationary object;
(3)
The juvenile may not be held longer than necessary to accomplish
the purposes of identification, investigation, processing, release
to parents, guardians or custodians, and arrangement of transportation
to school or court;
(4)
The office may not be designated or intended for residential purposes;
and
(5)
The juvenile must be under continuous visual supervision by a peace
officer or other person during the time the juvenile is in the juvenile
curfew processing office.
(1983 Code, sec. 18-51; Ordinance 2004-O0114, sec. 1, adopted 10/11/2004; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
Prevailing community standards as reflected by this division require the availability of criminal penalties in order for this division to be a viable instrument for the maintenance of such standards. Consequently, violation of this division by a juvenile, parent, or business establishment owner or operator, shall be deemed a misdemeanor punishable in accordance with section 1.01.004 of this code.
(1983 Code, sec. 18-52; Ordinance 2004-O0114, sec. 1, adopted 10/11/2004; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
Severability is intended throughout and within this division.
If any provision, including any section, paragraph, sentence, clause,
phrase or word or the application thereof to any person or circumstance
is held invalid, the application to other persons or under other circumstances
shall not be affected thereby and the validity of the division in
any and all other respects shall not be affected thereby. It is intended
that this division be held inapplicable in any case if such exists,
where its application would be unconstitutional. A constitutional
construction hereof is intended and shall be given. There is no intent
herein to violate either the Texas Constitution or the Constitution
of the United States of America.
(1983 Code, sec. 18-53; Ordinance 2004-O0114, sec. 1, adopted 10/11/2004; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
Ordinance 2004-O0114, which is codified as this division, shall
be reviewed every third year prior to October 30 of such year as required
by section 370.002 of the Local Government Code. The first review
shall be conducted no later than October 30, 2007, and every third
year thereafter. Such review shall be conducted following a public
hearing upon the need to continue this division, and the city council
shall have the option to continue, abolish or modify this division
based upon their review of this division’s effects on the community
and on the problems this division is intended to remedy.
(1983 Code, sec. 18-54; Ordinance 2004-O0114, sec. 1, adopted 10/11/2004; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
