Purpose:
(1)
Protecting
the public from the illegal acts of minors committed after the curfew
hour.
(2)
Protecting
minors with improper influences that prevail after the curfew hour.
(3)
Protecting
minors from criminal activity that occurs after the curfew hour.
(4)
Helping
parents control their children,
(Ordinance 687-1010, sec. A, adopted 10/18/10)
The city has experienced an increase in vandalism, minors in
possession of alcohol, and disturbances of the peace during the evening
and nighttime hours after 11:00 p.m. This problem has increased since
the advent of a juvenile curfew ordinance in the City of Mexia, seven
miles distant. The city is some 20 miles from the City of Fairfield,
the seat of government of our county where the nearest jail facility
exists. There is need for an ordinance whereby juvenile crime can
be prevented and punished without necessity of reliance on Texas Penal
Code provisions or on county government assistance, particularly in
regard to violations that do not warrant transportation expense and
time off station by the city’s limited police assets when dealing
with minor problems, disturbances, or violations.
(Ordinance 687-1010, sec. B, adopted 10/18/10)
For minors under seventeen years old: from 11:00 p.m. on
any Sunday, Monday, Tuesday, Wednesday, Thursday, until 5:00 a.m.
and from 12:00 midnight on Friday and Saturday until 5:00 a.m.
Lingering or staying, [or] failing to leave premises when
requested to do so by the police officer or the owner, operator, or
other person in control of the premises.
A child who has not yet reached their eighteenth birthday.
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.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
alleys, avenues and common areas of schools, hospitals, apartment
houses, office buildings, parks, playgrounds, transport facilities,
vacant lots [and] other unsupervised places. In a motorized vehicle,
restaurants and shops.
That creates 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 687-1010, sec. C, adopted 10/18/10)
(a)
A
minor commits an offense if he/she remains on any public place or
on the premises of any establishment within the city during herein
defined appropriate curfew hours.
(b)
A
parent or guardian of a minor commits an offense if he/she 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/she knowingly allows a minor to remain upon the premises of
the establishment during curfew hours.
(Ordinance 687-1010, sec. D, adopted 10/18/10)
(a)
It is defense to prosecution under section 8.02.034 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 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/or 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;
(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 disability of minority removed
in accordance with chapter 31 of the Texas Family Code.
(b)
It is defense to prosecution under section 8.02.034(c) that the owner, operator or employee of an establishment promptly notifies the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(Ordinance 687-1010, sec. E, adopted 10/18/10)
Before taking an 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 under section 8.02.035 is present.
(Ordinance 687-1010, sec. F, adopted 10/18/10)
(a)
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 of
class C misdemeanor charges, will have a fine not to exceed five hundred
dollars ($500.00).
(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 8.02.034(a) of this division and shall refer the minor to juvenile court.
(Ordinance 687-1010, sec. G, adopted 10/18/10)
