(a) Definitions.
As used in this section, the following terms shall have the
respective meanings ascribed to them:
Air gun
means any weapon discharged and fired by means of forced
air and shall be held to include, but is not limited to, the following:
air rifles, air guns, air pistols, BB guns and other similar air-propelled
weapons.
Firearm
means any weapon from which a shot is discharged by an explosion
and shall include, but is not limited to, the following: pistols,
rifles, shotguns, sawed-off shotguns, machine guns, tear gas guns
and other such similar weapons.
Pellet gun
means any firearm, gun or weapon which fires or discharges
a pellet, shot, ball or cartridge.
Spring gun
means any spring-operated gun or weapon which fires or discharges
a shot, cartridge, ball, pellet or other projectile.
Zip gun
means any weapon made or constructed generally of pipe or
tubing and operated or discharged by rubber or elastic force.
(b) Prohibited;
exceptions.
The firing, shooting, setting off or discharging
of any firearm, air gun, pellet gun, spring gun, zip gun or other
such weapon is prohibited within the city, except:
(1) By
action of official and/or duly authorized police and peace officers
engaged in the performance of duty or training; or
(2) By
other persons in the time, place and manner expressly authorized by
the city council under the terms of any specific use permit issued
pursuant to the terms of the comprehensive zoning code of the city,
chapter 94.
(Code 1974, §§ 11-13, 11-14)
(a) Definitions.
In this section:
Curfew hours
means:
(1)
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
until 6:00 a.m. of the following day;
(2)
12:01 a.m. until 6:00 a.m. on any Saturday or Sunday; and
Emergency
mean 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 serious bodily
injury or loss of life.
Establishment
means 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
means:
(1)
A person who, under court order, is the guardian of the person
of a minor; or
(2)
A public or private agency with whom a minor has been placed
by a court.
Minor
means any person under 17 years of age.
Operator
means 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
means a person who is:
(1)
A natural parent, adoptive parent, or step-parent of another
person; or
(2)
At least 18 years of age and authorized by a parent or guardian
to have the care and custody of a minor.
Public place
means 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
means to:
(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.
Serious bodily injury
means bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
(b) Offenses.
(1) A
minor commits an offense if he remains in any public place or on the
premises of any establishment within the city during curfew hours.
(2) A
parent or guardian of a minor commits an offense if he knowingly permits,
or by insufficient control allows, the minor to remain in any public
place or on the premises of any establishment within the city during
curfew hours.
(3) The
owner, operator, or any employee of an establishment commits an offense
if he knowingly allows a minor to remain upon the premises of the
establishment during curfew hours.
(c) Defenses.
(1) It is a defense to prosecution under subsection
(b) that the minor was:
a. Accompanied
by the minor’s parent or guardian;
b. On
an errand at the direction of the minor’s parent or guardian,
without any detour or stop;
c. In
a motor vehicle involved in interstate travel;
d. Engaged
in an employment activity, or going to or returning home from an employment
activity, without any detour or stop;
e. Involved
in an emergency;
f. 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;
g. Attending
an official school, religious, or other recreational activity supervised
by adults and sponsored by the City of Euless, 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 of Euless, a civic organization,
or other similar entity that takes responsibility for the minor;
h. 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
i. Married
or has been married or had disabilities of minority removed in accordance
with Chapter 31 of the Texas Family Code.
(2) It is a defense to prosecution under subsection
(b)(3) that the owner, operator, or employee of an establishment promptly notified the police department that minor was present on the premises of the establishment during curfew hours and refused to leave.
(d) 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 subsection
(c) is present.
(e) Penalties.
(1) A
person who violates a provision of 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 not to exceed 500.00.
(2) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates subsection
(b)(1) of this section and shall refer the minor to juvenile court.
(Ordinance 1144, § I, 7-12-94; Ordinance 1229, § 1, 5-27-97; Ordinance 1425, § 1, 5-9-00; Ordinance 1592, § 1, 5-13-03; Ordinance 1727, § 1, 3-28-06; Ordinance 1831, §§ 1, 2, 9-23-08; Ordinance 1843, § 1, 6-23-09; Ordinance 1958, § 1, 6-26-12; Ordinance 2069, § 1, 6-23-15; Ordinance 2081, § 1, 8-25-15; Ordinance 2194, § 1, 6-26-18; Ordinance 2284, § 1, 6-22-21)
(a) It shall
be unlawful for any person to ride upon a skateboard, rollerskates
or rollerblades upon any paved areas of property owned by the City
of Euless upon which signs are prominently posted, as provided below,
expressly prohibiting such conduct.
(b) Signs
designating paved areas of city property upon which skateboarding,
rollerskating and rollerblading are to be prohibited shall be prominently
posted in a place or in sufficient places calculated to come to the
attention of a child of tender years, of average intelligence, education
level and eyesight. Such signs shall be not less than 12 inches in
height with the words “NO SKATEBOARDING” “NO ROLLERSKATING”
and “NO ROLLER BLADING” displayed at the top of the sign
in letters not less than two inches in height, in a bold color sharply
contrasting with the background color of the sign. Such sign shall
also contain the following language, in letters not less than three-quarter
inch in height “Skateboarding, rollerskating and rollerblading
in this area are prohibited by City Ordinance No. 1209. Violators
are subject to a fine of up to $500.00.”
(c) Any
person found guilty in Euless Municipal Court of violating the provisions
of this section shall be fined in an amount not less than $1.00 nor
more than $50.00 for each violation.
(Ordinance 1209, § 1, 8-13-96)