This division is adopted in accordance with Tex. Loc. Gov’t Code, section 341.905, as amended, and shall be referred to as the juvenile curfew ordinance for minors.
(Ordinance 2013-38 adopted 12/10/13)
For the purpose of this division, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Curfew hours.
(1) 
The period beginning 11:00 p.m. and extending until 6:00 a.m., Sunday through Saturday; and
(2) 
During school hours for such period that schools within the city are in session, excluding any holidays, Saturdays or Sundays.
Emergency.
(1) 
An unforeseen combination of circumstances or the resulting state that calls for immediate action.
(2) 
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, including but not limited to any place of amusement 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.
(1) 
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.
(2) 
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; 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 during periods outside of regular school hours, hospitals, apartment houses, office buildings, transport facilities and shops.
Remain.
To:
(1) 
Linger, stay, walk, run, stand, drive or ride; or
(2) 
Fail to leave the premises when requested to do by a police officer or the owner, operator or other person in control of the premises.
Serious 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.]
(Ordinance 2013-38 adopted 12/10/13)
Any person violating any provision of this division for which no specific penalty is prescribed shall be subject to section 1.01.009.
(Ordinance 2013-38 adopted 12/10/13)
(a) 
A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the incorporated areas of the city during curfew hours.
(b) 
A parent or guardian of a minor commits an offense if such person knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the incorporated areas of the city during curfew hours.
(c) 
The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows the minor to remain upon the premises of the establishment during curfew hours.
(Ordinance 2013-38 adopted 12/10/13)
(a) 
It is a defense to prosecution under section 8.02.034(a) 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 or intrastate 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) 
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 8.02.034(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 2013-38 adopted 12/10/13)