[1]
Editor's note—Ordinance 280, secs. 2-7, adopted March 21, 1994, did not specifically amend the Code; hence, inclusion as Art. VIII, Div. 2, secs. 11-152-11-157, was at the discretion of the editor. Sections 1, 8, 9, providing for the preamble, general repealer, and severability have been omitted from codification.
It is the express purpose of this division to:
(1)
Deter criminal conduct involving juveniles;
(2)
Reduce the number of juvenile crime victims;
(3)
Reduce injury from accidents involving juveniles;
(4)
Reduce the additional time police officers are required to be in the field due to juvenile crime;
(5)
Provide additional and more effective means and options for dealing with gang-related violence and crime;
(6)
Reduce juvenile peer pressure to stay out late;
(7)
Reduce juvenile peer pressure to participate in violent or criminal activities; and
(8)
Assist parents in the control of their children.
(Ordinance 280, sec. 2, adopted 3/21/94; Ordinance 308, sec. 2, adopted 6/8/98; Ordinance 329, sec. 2, adopted 6/18/01; Ordinance 353, sec. 2, adopted 8/21/06; Ordinance 375, sec. 2, adopted 10/7/09; Ordinance 456, sec. 2, adopted 3/6/19)
The following words, terms and phrases when used in this division shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:
means:
12:00 midnight until 6:00 a.m. on any day of the week; and
9:00 a.m. until 2:30 p.m. on Monday, Tuesday, Wednesday, Thursday or Friday except that the hours defined in subsection (2) of this definition shall not be curfew hours for minors not subject to compulsory school attendance pursuant to section 25.085, Texas Education Code, nor during the school summer vacation break period of the school in which the minor is enrolled or on a holiday or other day observed by the closure of classes of the school in which the minor is enrolled or if the minor has graduated from high school or received a high school equivalency certificate.
shall mean an unforeseen combination of circumstances or the resulting state that call for immediate action. The term shall include, but not be limited to, a fire, natural disaster, vehicular accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
shall mean 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.
shall mean the person who, under a court order, is the guardian of the person of a minor or the public or private agency with whom a minor has been placed by a court.
shall mean any person under 17 years of age.
shall mean 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.
shall mean the natural parent, step-parent or adoptive parent of a minor.
shall mean the Lakeview Police Department or any successor police department of the city.
means 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 schools, hospitals, apartment houses, office buildings, transport facilities, theaters, game rooms, shops, shopping centers, or any other place for the sale of merchandise.
means to linger, stay, or to fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
shall mean 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 280, sec. 3, adopted 3/21/94; Ordinance 308, sec. 3, adopted 6/8/98; Ordinance 329, sec. 3, adopted 6/18/01; Ordinance 353, sec. 2, adopted 8/21/06; Ordinance 375, sec. 3, adopted 10/7/09; Ordinance 456, sec. 3, adopted 3/6/19)
(a)
It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive or ride about in or upon any public place in the city during curfew hours.
(b)
It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(c)
It shall be unlawful for the owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(d)
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 a violation is committed, continued, or permitted. Each offense, upon conviction, shall be deemed a misdemeanor and is punishable by a fine not to exceed $500.00.
(Ordinance 280, sec. 4, adopted 3/21/94; Ordinance 308, sec. 4, adopted 6/8/98; Ordinance 329, sec. 4, adopted 6/18/01; Ordinance 353, sec. 2, adopted 8/21/06; Ordinance 375, sec. 4, adopted 10/7/09; Ordinance 456, sec. 4, adopted 3/6/19)
(a)
It is defense to prosecution under section 11-154 of this division that:
(1)
The minor was accompanied by his or her parent or guardian;
(2)
The minor was accompanied by an adult designated by his or her parent or guardian;
(3)
The minor was on an errand at the direction of the minor’s parent or guardian;
(4)
The minor was on an errand made necessary by an illness, injury or emergency;
(5)
The minor was attending a school, religious, or government-sponsored or other civic activity or was traveling to or from a school, religious, or government-sponsored or other civic activity;
(6)
The minor was engaged in a lawful employment activity or was going directly to or coming directly from a lawful employment activity;
(7)
The minor was in a motor vehicle involved in interstate travel;
(8)
The minor was on the sidewalk of the place where he or she permanently resides or the sidewalk of the residence of the next-door neighbor of the place where he or she permanently resides if the neighbor did not complain to the police department or other officials of the city about the minor’s presence thereon;
(9)
The minor was engaged in, participating in, or traveling to or from any event, function or activity for which the application of section 11-154 of this division would contravene his or her rights protected by the United States Constitution including, but not limited to, his or her First Amendment rights such as the free exercise of religion, freedom of speech, and the right of assembly;
(b)
It is a defense to prosecution under section 11-154(c) of this division that the owner, operator or employee of an establishment promptly notified the police department of the city that a minor was present on the premises of the establishment during curfew hours and that the minor refused to leave.
(c)
It is a defense to prosecution under section 11-154 of this division that the minor has [been] directed by his or her parent or legal guardian, or a responsible adult selected by his or her parent or legal guardian to supervise the minor, to engage in a specific activity or to carry out express instructions, during the time that the minor is actually engaged in fulfilling those directions or responsibilities.
(Ordinance 280, sec. 5, adopted 3/21/94; Ordinance 308, sec. 5, adopted 6/8/98; Ordinance 329, sec. 5, adopted 6/18/01; Ordinance 353, sec. 2, adopted 8/21/06; Ordinance 375, sec. 5, adopted 10/7/09; Ordinance 456, sec. 5, adopted 3/6/19)
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 division unless the officer reasonably believes that an offense has occurred and that, based on any other circumstances, no defense as contained in section 11-155 is present.
(Ordinance 280, sec. 6, adopted 3/21/94; Ordinance 308, sec. 6, adopted 6/8/95; Ordinance 329, sec. 6, adopted 6/18/01; Ordinance 353, sec. 2, adopted 8/21/06; Ordinance 375, sec. 6, adopted 10/7/09; Ordinance 456, sec. 6, adopted 3/6/19)
The provisions of this division are supplemental and shall be cumulative with all other laws and ordinances applicable in any manner to juveniles within the city.
(Ordinance 280, sec. 7, adopted 3/21/94; Ordinance 308, sec. 7, adopted 6/8/95; Ordinance 329, sec. 7, adopted 6/18/01; Ordinance 353, sec. 2, adopted 8/21/06; Ordinance 375, sec. 7, adopted 10/7/09; Ordinance 456, sec. 7, adopted 3/6/19)