It is the express purpose of this division to:
(1) 
Deter criminal conduct involving juveniles;
(2) 
Reduce the number of juvenile crime victims;
(3) 
Reduce injury from accidents involving juveniles;
(4) 
Reduce the additional time police officers are required to be in the field due to juvenile crime;
(5) 
Provide additional and more effective means and options for dealing with gang-related violence and crime;
(6) 
Reduce juvenile peer pressure to stay out late;
(7) 
Reduce juvenile peer pressure to participate in violent or criminal activities; and
(8) 
Assist parents in the control of their children.
(1991 Code, sec. 20-131; Ordinance 04-592, sec. 2, adopted 5/27/04; Ordinance 07-639, sec. 2, adopted 5/24/07; Ordinance 10-686, sec. 2, adopted 6/10/10; Ordinance 13-719, sec. 2, adopted 5/23/13; Ordinance 16-782, sec. 2, adopted 8/11/16; 2007 Code, sec. 28-100; Ordinance 23-957 adopted 6/22/2023)
For the purposes of this division, the following words or terms shall have the meanings ascribed thereto:
Curfew hours.
(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
(3) 
9:00 a.m. until 2:30 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; provided, however, the hours defined in this subsection (3) shall not be considered as curfew hours for minors not subject to compulsory school attendance pursuant to V.T.C.A., Texas Education Code section 21.032 [25.085], nor shall the hours defined in this subsection (3) be considered as curfew hours on days or during periods in which the school where the applicable minor is enrolled is closed or classes for which the applicable minor is enrolled have been canceled under the order and direction of officials authorized to issue such orders and directives.
Emergency.
Any unforeseen combination of circumstances or the resulting state that calls for immediate action. This term shall include, but not be 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.
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 minor; or
(2) 
A public or private agency with whom a minor has been placed by a court.
Minor.
Any person under 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 parents, stepparent of a minor; or
(2) 
At least 18 years of age who is authorized by the parent or guardian to have the care and custody of a minor.
Police department.
The city police department or any successor police department of the city.
Public place.
Any place to which the public or a substantial group of the public has access and shall include, but not be limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, restaurants, theaters, game rooms, shops, shopping centers or any other place that offers for sale services or merchandise.
Remain.
(1) 
To linger or stay; or
(2) 
To fail to leave premises when required to do so by a police officer or the owner, operator or other person in control of the premises.
Serious bodily injury.
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.
(1991 Code, sec. 20-132; Ordinance 04-592, sec. 3, adopted 5/27/04; Ordinance 07-639, sec. 3, adopted 5/24/07; Ordinance 10-686, sec. 3, adopted 6/10/10; Ordinance 13-719, sec. 3, adopted 5/23/13; Ordinance 16-782, sec. 3, adopted 8/11/16; 2007 Code, sec. 28-101; Ordinance 23-957 adopted 6/22/2023)
(a) 
A minor commits an offense if the person intentionally or knowingly remains, walks, runs, stands, or operates or rides about in a motor vehicle or on a bicycle, in or upon any public place, or on the premises of any establishment within the city during curfew hours.
(b) 
A parent or guardian of a minor commits an offense if the person knowingly permits, or by insufficient control, allows a minor to remain in or upon any public place or on the premises of any establishment within the city during curfew hours.
(c) 
It shall be unlawful for the owner, operator or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(1991 Code, sec. 20-133; Ordinance 04-592, sec. 4, adopted 5/27/04; Ordinance 07-639, sec. 4, adopted 5/24/07; Ordinance 10-686, sec. 4, adopted 6/10/10; Ordinance 13-719, sec. 4, adopted 5/23/13; Ordinance 16-782, sec. 4, adopted 8/11/16; 2007 Code, sec. 28-102; Ordinance 23-957 adopted 6/22/2023)
(a) 
It shall be a defense to prosecution under section 8.02.033 that the minor was:
(1) 
Accompanied by the minor’s parent or guardian;
(2) 
On an errand at the direction of the minor’s parent or guardian without any detour or stop;
(3) 
In a motor vehicle involved in interstate travel;
(4) 
Engaged in lawful employment activity or going directly to the employment activity or returning directly to the minor’s residence from the employment activity;
(5) 
Involved in an emergency;
(6) 
On an errand made necessary by an illness, injury, or emergency;
(7) 
On the sidewalk abutting the minor’s permanent residence or abutting the residence of a next-door neighbor of the minor’s permanent residence if the neighbor did not complain to the police department about the minor’s presence thereon;
(8) 
Attending a school, religious or government sponsored or other civic activity supervised by adults and sponsored by an educational, religious, or governmental institution, civic organization or other similar entity, or traveling directly to or returning from any such school, religious, governmental or civic activity;
(9) 
A home schooled, home bound student, or not truant or otherwise absent from the school in which the person is enrolled;
(10) 
Engaged, participating in or traveling to or from any event, function, or activity for which the application of section 8.02.033 would contravene the minor’s rights protected by the United States Constitution, including, but not limited to, First Amendment rights such as the free exercise of religion, freedom of speech or the right of assembly; or
(11) 
Married or had been married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code.
(b) 
It is a defense to prosecution under section 8.02.033(c) that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and the minor refused to leave.
(c) 
It is a defense to prosecution under section 8.02.033 of this division that the minor had been directed by his or her parent or guardian to engage in a specific activity or to carry out expressed instructions during the time that the minor is actually engaged in fulfilling those directions or responsibilities.
(1991 Code, sec. 20-134; Ordinance 04-592, sec. 5, adopted 5/27/04; Ordinance 07-639, sec. 5, adopted 5/24/07; Ordinance 10-686, sec. 5, adopted 6/10/10; Ordinance 13-719, sec. 5, adopted 5/23/13; Ordinance 16-782, sec. 5, adopted 8/11/16; 2007 Code, sec. 28-103; Ordinance 23-957 adopted 6/22/2023)
Before taking any enforcement action under this division, a police officer shall ask the apparent offender’s age and reason for being in the public place or establishment. The officer shall not issue a citation or make an arrest under this division unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 8.02.034 is present.
(1991 Code, sec. 20-135; Ordinance 04-592, sec. 6, adopted 5/27/04; Ordinance 07-639, sec. 6, adopted 5/24/07; Ordinance 10-686, sec. 6, adopted 6/10/10; Ordinance 13-719, sec. 6, adopted 5/23/13; Ordinance 16-782, sec. 6, adopted 8/11/16; 2007 Code, sec. 28-104; Ordinance 23-957 adopted 6/22/2023)
(a) 
A person who shall violate any provision of this division shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $500.00. Each day of violation shall constitute a separate offense.
(b) 
When required by V.T.C.A., Family Code section 51.08 as amended, the municipal court shall waive original jurisdiction over a minor who violates section 8.02.033(a) of this division and shall refer the minor to juvenile court.
(1991 Code, sec. 20-136; Ordinance 04-592, sec. 7, adopted 5/27/04; Ordinance 07-639, sec. 7, adopted 5/24/07; Ordinance 10-686, sec. 7, adopted 6/10/10; Ordinance 13-719, sec. 7, adopted 5/23/13; Ordinance 16-782, sec. 7, adopted 8/11/16; 2007 Code, sec. 28-105; Ordinance adopting 2022 Code; Ordinance 23-957 adopted 6/22/2023)