For the purposes of this article, the following terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Civic Organization.
A nonprofit organization that sponsors or conducts social or recreational activities for youths.
Curfew Hours.
(1) 
11:00 p.m. until 6:00 a.m. on any of the following nights: Sunday, Monday, Tuesday, Wednesday, or Thursday; and
(2) 
12:00 midnight until 6:00 a.m. on any Friday or Saturday nights.
(3) 
However, during June 1st through August 15th, curfew hours means 12:00 midnight until 6:00 a.m. every night.
Emergency.
An unforeseen circumstance or the resulting state that calls for immediate action. Emergency 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.
Errand.
A trip to carry a message or do a definite thing, especially a short trip to do something for someone else.
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.
A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.
Interstate Travel.
Transportation of persons or property between places lying in different states; therefore, this definition does not include activities such as joy-riding or cruising.
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 a natural parent, adoptive parent or stepparent of another person; or at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
Public Place.
Any place to which the public or 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 linger, stay or 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.
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.
(Ordinance O2020-02-01 adopted 2/18/20)
(a) 
A minor commits an offense if he or she 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 minor commits an offense if he or she 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.
(c) 
The owner, operator or an employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(Ordinance O2020-02-01 adopted 2/18/20)
(a) 
It is a defense to prosecution under section 8.202 that the minor was:
(1) 
Accompanied by the minor’s parent or guardian;
(2) 
On an errand which was made necessary by an emergency, was authorized by the minor’s parent or guardian and was completed 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 the city, a civic organization, a school 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, 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, as amended.
(b) 
It is a defense to prosecution under section 8.202(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 had been asked to leave.
(Ordinance O2020-02-01 adopted 2/18/20)
Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in that 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 section 8.203 is present.
(Ordinance O2020-02-01 adopted 2/18/20)
(a) 
Any 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 fine in accordance with the general penalty provision set forth in section 1.109 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 minor who violates section 8.202(a) and shall refer the minor to juvenile court.
(Ordinance O2020-02-01 adopted 2/18/20)