In this division:
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 property loss,
serious bodily injury or loss of life.
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.
Any person younger than seventeen (17) years of age.
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.
A person who is:
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.
To:
Bodily injury that creates a substantial risk of death or
that caused death, serious permanent disfigurement, or protracted
loss of impairment of the function of any bodily member or organ.
(Ordinance 2020-07-20-020 adopted 7/20/20)
(a)
A
person who violated 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 $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 8.03.033(a) of this divisionand shall refer the minor to juvenile court.
(Ordinance 2020-07-20-020 adopted 7/20/20)
(a)
A
minor commits an offense if he remain 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/she knowingly
permits, or by insufficient control allows, the minor to violate this
division. A parent or guardian of a minor is presumed to knowingly
allow or permit the minor to be in violation of this chapter if the
minor has two previous convictions for violations of this division.
For the purpose of this section, a deferred adjudication is considered
a conviction.
(c)
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.
(Ordinance 2020-07-20-020 adopted 7/20/20)
(a)
It is a defense to prosecution under section 8.03.033 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 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 supervised
by adults and sponsored by the city, 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, 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 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.
(b)
It is a defense to prosecution under section 8.03.033(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 refused to leave.
(Ordinance 2020-07-20-020 adopted 7/20/20)
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. 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 8.03.034 is present.
(Ordinance 2020-07-20-020 adopted 7/20/20)
As required by section 370.002 of the Texas Local Government
Code, this division shall be reviewed before the third anniversary
of the date of adoption of this division, and every third year thereafter.
Such review shall include the effects on the community and on the
problems the division was intended to remedy. A public hearing will
be held in conjunction with such review. The city council shall determine
whether to abolish, continue or modify the ordinance. Failure to abide
by this section shall cause this ordinance to expire.
(Ordinance 2020-07-20-020 adopted 7/20/20)
