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)