(a)
Responsibility of parent or guardian.
(1)
The parents or guardians of any juvenile under their care shall supervise
in such a manner that the juvenile will not violate any laws.
(2)
This is not in any way to transfer the guilt of any specific crime
to any other person, but place a penalty for the lack of supervision
contributing to specific crimes.
(1990 Code, ch. 3, sec. 6)
For the purpose of this division, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
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.
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.
Any person under seventeen (17) years of age.
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.
A person who is:
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.
To:
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 2022-0411-01 adopted 4/11/22)
(a)
A
minor commits an offense if he remains in any public place or on the
premises of an 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.
(Ordinance 2022-0411-01 adopted 4/11/22)
(a)
It is a defense to prosecution under section 8.02.032 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 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 a recreational or social activity supervised by adults
who take responsibility for the minors; and, sponsored by a school,
the city, or a nonprofit organization that sponsors or provides recreational
or social activities for minors; or, going to and returning home therefrom
without any detour or stop;
(8)
Attending a religious service, activity, or recreational or social
activity sponsored or provided by a religious organization, or going
to and returning therefrom without any detour or stop;
(9)
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
(10)
Married or had been married or had disabilities of minority removed
in accordance with chapter 31 of the Texas Family Code, as amended.
(b)
It is a defense to prosecution under section 8.02.032(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.
(Ordinance 2022-0411-01 adopted 4/11/22)
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 8.02.033 is present.
(Ordinance 2022-0411-01 adopted 4/11/22)
Before the third anniversary of the date of the adoption of
this division, the chief of police shall review this division, report
to the city council, and make recommendations concerning the effectiveness
of and need for this division. The chief of police’s report
shall specifically include the following information:
(1)
The
practicality of enforcing this division and any problems with enforcement
identified by the police department;
(2)
The
impact of this division on crime statistics, where available;
(3)
The
number of persons successfully prosecuted for a violation of this
division; and
(4)
The
city’s cost of enforcing this division.
(Ordinance 2022-0411-01 adopted 4/11/22)
(a)
Before
the third anniversary of the date of the adoption of this division,
and every third year thereafter, the city council, pursuant to section
370.002 of the Texas Local Government Code, as amended, shall:
(b)
Failure
by the city council to act in accordance with this section shall cause
this division to expire.
(Ordinance 2022-0411-01 adopted 4/11/22)
A person who violates a provision of section 8.02.031 et seq. is guilty of a separate offense for each day or part of a day during which the violation is committed, continues, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.00.
(Ordinance 2022-0411-01 adopted 4/11/22)
