In this division:
Curfew hours
means:
(1) 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 5:00 a.m. of the following day;
(2) 
12:01 a.m. until 5:00 a.m. on any Friday or Saturday, and 2:00 a.m. until 5:00 a.m. on any Sunday; and
(3) 
Between 8:00 a.m. and 3:00 p.m. on a Monday, Tuesday, Wednesday, Thursday, or Friday when Smithville Independent School District public schools are in session.
Emergency
means 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
means 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
means:
(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
means any person under seventeen (17) years of age.
Operator
means 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
means a person who is:
(1) 
A natural parent, adoptive parent, or stepparent of another person; or
(2) 
At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
Public place
means any place in 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
means to:
(1) 
Linger or stay; or
(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.
Serious bodily injury
means 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.
(1987 Code, ch. 1, sec. 28A; 2001 Code, sec. 8.201; Ordinance 2610-441 adopted 10/9/06)
(a) 
A minor commits an offense if he 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 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 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.
(1987 Code, ch. 1, sec. 28B; 2001 Code, sec. 8.202)
(a) 
It is a defense to prosecution under section 8.03.032 that the minor was:
(1) 
Accompanied by the minor’s parent, guardian or adult spouse;
(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 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; or
(9) 
A minor who has had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code.
(b) 
It is a defense to prosecution under section 8.03.032(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) 
With respect to the hours between 8:00 a.m. and 3:00 p.m. on Monday, Tuesday, Wednesday, Thursday, or Friday only, it is a defense that the school which the minor attends was not in session, that the minor is a high school graduate or has equivalent certification, that the minor is on an excused absence from his or her place of schooling, or that the minor is participating in a work-study program which requires the minor to be off campus during school hours. This division also applies to “home school students.”
(1987 Code, ch. 1, sec. 28C; 2001 Code, sec. 8.203)
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 response and other circumstances, no defense in section 8.03.033 is present.
(1987 Code, ch. 1, sec. 28D; 2001 Code, sec. 8.204)
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 the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine as set forth in the general penalty provision in section 1.01.009 of this code.
(1987 Code, ch. 1, sec. 28E; 2001 Code, sec. 8.205)