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.
Curfew hours.
(1)
9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday
until 6:00 a.m. of the following day;
(2)
12:01 a.m. until 6:00 a.m. on any Friday or Saturday.
Direct route.
The shortest path of travel through a public place to reach
a final destination without any detour or stop along the way.
Emergency.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. It includes, but is not limited
to, a fire, natural disaster, automobile accident, or any situation
requiring immediate attention to prevent serious bodily injury, loss
of life or damage to property.
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.
A court-appointed guardian of the person of a minor, or a
public or private agency with whom a minor has been placed by a court.
Interstate transportation.
Transportation through the city while traveling between states
of the United States or between a state of the United States and a
foreign country, to which travel through the city is merely incidental.
Intrastate transportation.
Transportation through the city while traveling between locations
within the state, to which any travel through the city is merely incidental.
Juvenile.
Any person who has not attained their seventeenth (17th)
birthday.
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.
The natural parent, adoptive parent or step-parent of a juvenile.
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,
city property and the common areas of schools, hospitals, apartment
houses, office buildings, transport facilities and shops. This term
shall include establishments as defined above.
Remain.
To linger or 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.
Responsible adult.
An adult who has attained their eighteen (18th) birthday
and has been designated in writing by a parent or court-appointed
guardian to have care and custody of a juvenile.
(Ordinance 111610-01 adopted 11/16/10; Ordinance 051512-01 adopted 5/15/12; Ordinance
021715-03 adopted 2/17/15; Ordinance 061317-01 adopted 6/13/17; Ordinance 03102020-01 adopted 3/10/20; Ordinance 042021-04 adopted 4/13/21; Ordinance
042022-17 adopted 4/12/22; Ordinance 012023-30 adopted 1/17/2023; Ordinance
062024-44 adopted 6/4/2024)
The provisions of this division are supplemental and cumulative
to all other laws and ordinances applicable in any manner to juveniles.
(Ordinance 111610-01 adopted 11/16/10; Ordinance 021715-03 adopted 2/17/15; Ordinance
061317-01 adopted 6/13/17; Ordinance 03102020-01 adopted 3/10/20; Ordinance 042021-04 adopted 4/13/21; Ordinance 042022-17 adopted 4/12/22; Ordinance 012023-30 adopted 1/17/2023; Ordinance 062024-44 adopted 6/4/2024)
(a) It
shall be unlawful for any juvenile to knowingly remain, walk, run,
stand, drive or ride about, in or upon any public place in the city
or on the premises of any establishment within the city during curfew
hours.
(b) It
shall be unlawful for a parent or guardian to knowingly permit or
by insufficient control allow a juvenile to remain in any pubic place
or on the premises of any establishment within the city during curfew
hours. As used in this section, “knowingly” includes knowledge
that a parent or guardian should reasonably be expected to have concerning
the whereabouts of a juvenile. It shall be prima facie evidence of
a violation of this section if a parent or guardian has no knowledge
of a juvenile’s whereabouts during the hours of curfew established
herein.
(c) It shall be unlawful for any owner, operator, or employee of an establishment to allow a juvenile to remain upon the premises of the establishment during curfew hours beyond the time necessary to conduct an activity set out in section
8.02.034(a).
(Ordinance 111610-01 adopted 11/16/10; Ordinance 021715-03 adopted 2/17/15; Ordinance
061317-01 adopted 6/13/17; Ordinance 03102020-01 adopted 3/10/20; Ordinance 042021-04 adopted 4/13/21; Ordinance 042022-17 adopted 4/12/22; Ordinance 012023-30 adopted 1/17/2023; Ordinance 062024-44 adopted 6/4/2024)
(a) It is a defense to prosecution under section
8.02.033(b) that the juvenile was:
(1) Accompanied by the juvenile’s parent or guardian;
(2) On an errand at the direction of the juvenile’s parent or guardian,
without making any unnecessary detour or stop.
(3) In a motor vehicle involved in intrastate or interstate travel;
(4) Engaged in lawful employment activity or going to or returning home
by a direct route from a lawful employment activity, without any detour
or stop;
(5) Involved in an emergency or on an errand made necessary by an emergency;
(6) On a sidewalk abutting the juvenile’s residence or abutting
the residence of a next-door neighbor, if the neighbor did not complain
to the police department about the juvenile’s presence;
(7) Attending a school, religious or government-sponsored activity supervised
by adults or traveling by direct route to or from a school, religious
or government-sponsored activity supervised by adults, without any
detour or stop;
(8) Engaging in, participation or traveling to or from any event, function, or activity if enforcement of section
8.02.033 of this code would contravene the juvenile’s rights protected under the United States or Texas Constitutions; or
(9) Married or had been married or had disabilities of minority removed
in accordance with the Texas Family Code.
(b) It is a defense to prosecution under section
8.02.033(c) that the owner, operator or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave after the being asked to leave.
(Ordinance 111610-01 adopted 11/16/10; Ordinance 021715-03 adopted 2/17/15; Ordinance
061317-01 adopted 6/13/17; Ordinance 03102020-01 adopted 3/10/20; Ordinance 042021-04 adopted 4/13/21; Ordinance 042022-17 adopted 4/12/22; Ordinance 012023-30 adopted 1/17/2023; Ordinance 062024-44 adopted 6/4/2024)
(a) Before taking any enforcement action under this division, a police officer shall ask the apparent juvenile offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonable believes that an offense has occurred and that, based on any response and other circumstances, no defense under section
8.02.034(a) is present.
(b) Any
juvenile violating the provisions of this division shall be guilty
of a class C misdemeanor and shall be dealt with in accordance with
the provisions of title 3 of the Texas Family Code, which may include
prosecution in municipal court.
(c) If
a juvenile is found in violation of this division, the police department
shall mail a notice to the parent or guardian of the juvenile informing
the parent or guardian of the violation and warning said parent or
guardian that a violation of this division can result in the prosecution
of the juvenile and the parent.
(d) If
a juvenile is found in violation of this division at an establishment,
the police department shall mail a notice to the operator informing
the operator of the violation and warning said operator that a violation
of this division can result in the prosecution of the operator.
(e) 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 violation of this division is a class C misdemeanor that may be punished by the assessment of fines as provided in section
8.02.036 of this division.
(Ordinance 111610-01 adopted 11/16/10; Ordinance 021715-03 adopted 2/17/15; Ordinance
061317-01 adopted 6/13/17; Ordinance 03102020-01 adopted 3/10/20; Ordinance 042021-04 adopted 4/13/21; Ordinance 042022-17 adopted 4/12/22; Ordinance 012023-30 adopted 1/17/2023; Ordinance 062024-44 adopted 6/4/2024)
A violation of this division shall be a misdemeanor and the
penalty for violating this division shall be a maximum of five hundred
dollars, and each day a violation occurs shall be a separate offense.
(Ordinance 111610-01 adopted 11/16/10; Ordinance 021715-03 adopted 2/17/15; Ordinance
061317-01 adopted 6/13/17; Ordinance 03102020-01 adopted 3/10/20; Ordinance 042021-04 adopted 4/13/21; Ordinance 042022-17 adopted 4/12/22; Ordinance 012023-30 adopted 1/17/2023; Ordinance 062024-44 adopted 6/4/2024)