(a) 
Definitions.
For purposes of this section, the following definitions of terms shall be used:
Exhibit and/or display.
To expose to sight or view.
Harmful material.
Material the dominant theme of which, taken as a whole:
(1) 
Depicts, describes, or represents:
(A) 
Sexual conduct;
(B) 
With less than a complete opaque covering, an individual’s genitals, pubic area, or buttocks or a female individual’s breast or portion of breast below the top of the nipple;
(C) 
An individual’s genitals in a state of sexual stimulation or arousal;
(D) 
Flagellation or other torture by or of an individual or in a revealing costume or who is fettered, bound, or otherwise physically restrained;
(E) 
Masturbation or excretory functions; or
(F) 
Fondling of an individual’s clothed or unclothed genitals, pubic area, or buttocks or of a female individual’s clothed or unclothed breast;
(2) 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors, applying contemporary community standards; or
(3) 
Lacks serious literary, artistic, political, or scientific value for minors, and/or the main theme of which is of a specific sexual wording with the intent to arouse or stimulate the senses.
Individual.
Any person, firm, business association or corporation.
Theme.
A story, article or dissertation contained in a writing, paper, magazine or book which concerns immoral intrigues between men and women or immoral conduct of any nature, or whoring or lechery or assignations designed to arouse lascivious thoughts and stimulating lustful desires.
(b) 
Prohibited acts.
A person commits an offense if, knowing the theme of the material:
(1) 
He sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material.
(2) 
He displays harmful material at a newsstand or other business establishment frequented by minors or where minors are or may be invited as part of the general public.
(3) 
He hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in subsection (1) or (2) above.
(c) 
Penalty.
Any individual who violates a provision of this section is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted, and each offense under this section is punishable by a fine not to exceed two hundred dollars ($200.00).
(1978 Code, sec. 14-22)
Curfew hours.
(1) 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and
(2) 
11:59 p.m. on Friday or Saturday, until 6:00 a.m. of the following day.
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 serious bodily injury or loss of life.
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 court.
Minor.
Any person under seventeen (17) years of age.
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 in writing to have the care and custody of a minor.
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 school, hospitals, apartment houses, office buildings, transport facilities, and shops.
Remain.
To:
(1) 
Linger or stay behind; 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 710-13 adopted 11/1/13)
(a) 
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.
(b) 
A parent or guardian of the 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.
(Ordinance 710-13 adopted 11/1/13)
It is a defense to prosecution under section 8.04.032 that the minor was:
(1) 
Accompanied by the minor’s parent or guardian, or accompanied by an adult designated by his or her 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 an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) 
Involved in an emergency;
(6) 
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;
(7) 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government organization, 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 a government, a civic organization, or another similar entity that takes responsibility for the minor;
(8) 
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) 
Married or had been married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code.
(Ordinance 710-13 adopted 11/1/13)
Any police officer, upon finding a minor in violation of section 8.04.032(a) of this division, shall take the necessary steps to determine whether the minor is remaining in a public place in the city limits in violation of section 8.04.032(a) and whether any exceptions under section 8.04.033 apply to the actions or activities of the minor. Upon such a finding, the officer shall determine the name and address of his parent(s) or guardian(s). The officer may issue a warning or citation and shall order the minor to go home by the most direct route. A letter shall be sent to the parent(s) or guardian(s) of the minor advising of the fact that the minor was found in violation of this division and soliciting cooperation in the future.
(Ordinance 710-13 adopted 11/1/13)
(a) 
A person who violates a provision of this division 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 five hundred dollars ($500.00).
(b) 
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 section 8.04.032(a) of this division and shall refer the minor to “juvenile court.”
(c) 
A parent of a minor violating this division shall be guilty of a separate offense, which shall be punishable by a fine not to exceed five hundred dollars ($500.00).
(Ordinance 710-13 adopted 11/1/13)