In this article:
Curfew hours.
(1)
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
until 6:00 a.m. of the following day; and
(2)
12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
(3)
9:00 a.m. until 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday
or Friday when school is in session.
Emergency.
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 serious bodily
injury or loss of life.
Establishment.
Any privately owned place of business operated for a profit
to which the public is invited, during its hours of operation, including
but not limited to any place of amusement, concession or entertainment.
Guardian.
(1)
A person who, under court order, is the guardian of the person
of a minor; or
(2)
A public or private agency with whom a minor has been placed
by a court.
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:
(1)
A natural parent, adoptive parent, or stepparent of another
person; or
(2)
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 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, and shops.
Remain.
To:
(2)
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.
Serous 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.
(1990 Code, sec. 5.2301; Ordinance 04-061, sec. 1, adopted 4/27/04; Ordinance adopting Code; Ordinance 07-051 adopted 4/24/07; Ordinance 10-044 adopted 5/11/10; Ordinance 13-025 adopted 4/9/13; Ordinance 16-021 adopted 5/10/16; Ordinance
19-011 adopted 3/26/19; Ordinance 22-059 adopted 6/14/22)
(a) A minor commits an offense if he remains in any public place or on
the premises of any establishment during curfew hours.
(b) A parent or guardian of a minor commits an offense if he knowingly
permits, or by insufficient control allows, the minor to remain in
any public place or on the premises of any establishment during curfew
hours.
(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.
(1990 Code, sec. 5.2302; Ordinance 04-061, sec. 1, adopted 4/27/04; Ordinance 07-051 adopted 4/24/07; Ordinance 10-044 adopted 5/11/10; Ordinance
13-025 adopted 4/9/13; Ordinance 16-021 adopted 5/10/16; Ordinance 19-011 adopted 3/26/19; Ordinance 22-059 adopted 6/14/22)
(a) It is an exception to section
14.07.002 if 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 nextdoor 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,
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;
(9) Married or had been married or had disabilities of minority removed
in accordance with chapter 31 of the Texas Family Code; or
(10) Absent from school or in a public place with the permission of an
authorized school official. In the case of a child being educated
in a private school at home, a parent shall be deemed a school official.
(b) It is an exception to section
14.07.002(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.
(c) It is an exception to subsection (3) of the definition of the term “curfew hours” in section
14.07.001 that the offense occurred during the scheduled vacation or on a holiday observed by the school in which the minor is enrolled or that the minor has graduated from high school or received a high school equivalency certificate.
(d) It is an exception to section
14.07.002 that the minor was attending an event or activity with the consent of the minor’s parent or guardian, which event or activity is confined to the premises of the sponsoring entity and the minor attending the activity or event is prohibited and prevented from entering or leaving said premises during curfew hours and the activity or event is supervised by adults.
(Ordinance 07-051 adopted 4/24/07; Ordinance 10-044 adopted 5/11/10; Ordinance
13-025 adopted 4/9/13; Ordinance 16-021 adopted 5/10/16; Ordinance 19-011 adopted 3/26/19; Ordinance 22-059 adopted 6/14/22)
Before taking any enforcement action under this article, 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 article unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception in section
14.07.003 is present.
(1990 Code, sec. 5.2304; Ordinance 04-061, sec. 1, adopted 4/27/04; Ordinance 07-051 adopted 4/24/07; Ordinance 10-044 adopted 5/11/10; Ordinance
13-025 adopted 4/9/13; Ordinance 16-021 adopted 5/10/16; Ordinance 19-011 adopted 3/26/19; Ordinance 22-059 adopted 6/14/22)
(a) A 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 a fine as provided in section
1.01.009.
(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
14.07.002(a) of this article and shall refer the minor to juvenile court.
(1990 Code, sec. 5.2305; Ordinance 04-061, sec. 1, adopted 4/27/04; Ordinance 07-051 adopted 4/24/07; Ordinance 10-044 adopted 5/11/10; Ordinance
13-025 adopted 4/9/13; Ordinance 16-021 adopted 5/10/16; Ordinance 19-011 adopted 3/26/19; Ordinance 22-059 adopted 6/14/22)