(a)
It shall be unlawful for any minor to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the city between the following hours on any of the following days:
(b)
It shall be unlawful for a parent, legal guardian, or authorized adult supervisor to knowingly, recklessly or negligently permit or by insufficient control to allow a minor in his or her care to be or remain in any public place or to be or remain in any establishment during the hours set forth in subsection (a) of this section.
(Ordinance 2015-03-12, sec. 1, adopted 3/9/15)
It is a defense to prosecution under section [8.02.032] of this division that:
(1)
The minor was accompanied by another adult approved by the parent(s) or guardian;
(2)
The minor is accompanied by his or her parent(s) or guardian;
(3)
The minor was on an emergency errand;
(4)
The minor was attending a school or religious or governmental activity or was going to or coming from the aforementioned;
(5)
The minor was in lawful employment or volunteer work at a recognized charity institution or was going to or coming from the aforementioned;
(6)
The minor was on an errand directed by his or her parent(s) or guardian;
(7)
The minor was in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area is the most direct route;
(8)
The minor is/was married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code.
(Ordinance 2015-03-12, sec. 3, adopted 3/9/15)
A violation of this division shall carry the following penalties:
(1)
First offense.
The minor shall be written a citation and taken to the parent or legal guardian, where the parents or the legal guardian shall be advised by the officer of an appearance date, for the minor and the parent or legal guardian, before the municipal court. If found guilty of the first offense, the minor shall be ordered to complete eight (8) hours of community service and will also be put on probation for a period of not more than three (3) months.
(2)
Second offense.
The minor shall be written a citation and taken to the parent or legal guardian, where the parents or legal guardian shall be advised by the officer of an appearance date, for the minor and the parent or legal guardian, before the municipal court. If found guilty of the second offense, the minor shall be fined $100.00 plus court costs and be ordered to complete up to 25 hours of community service.
(3)
Subsequent offenses.
The minor shall be written a citation and taken to the parent or legal guardian, where the parents or legal guardian shall be advised by the officer of an appearance date, for the minor and the parent or legal guardian, before the municipal court. If found guilty of a subsequent offense, the minor will be dealt with as seen appropriate by the court, not to exceed a class C misdemeanor.
(4)
Violation during probation period.
If found guilty of a subsequent offense, during the probation period of any prior curfew offense, the minor shall be held in contempt of court, which is a class C misdemeanor, punishable by a fine of up to $500.00.
(5)
Violation by parent, legal guardian or authorized adult supervisor.
If the parent, legal guardian, or authorized adult supervisor is found guilty of violating this division the punishment to the parent, legal guardian or authorized adult supervisor is determined by the court, not to exceed the punishment of a class C misdemeanor. The parent, legal guardian or authorized adult supervisor is not protected by first, second, or subsequent offense penalties in this section.
(Ordinance 2015-03-12, sec. 5, adopted 3/9/15)