All definitions contained within this division are for the purpose
of this division only and shall have no impact on any other rule,
law or ordinance unless referenced directly within said rule, law
or ordinance.
Adult.
Any person seventeen years of age or older.
Business operator.
Any employee, individual, firm, associate, partnership or
corporation engaged in or responsible for operating, conducting business
or managing any business or establishment.
Emergency.
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.
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 is the natural guardian of the minor;
(2)
A person who, under court order, is the guardian of the person
of a minor; or
(3)
A public or private agency with whom a minor has been placed
by a court.
Minor.
Any person less than seventeen (17) years of age who has
not had the disabilities of minority removed in accordance with chapter
31 of the Texas Family Code or who is not legally married at the time.
Operator.
Any individual, employee, firm, association, partnership,
or corporation engaged in, 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.
A person who is:
(1)
A natural parent, adoptive parent, or step-parent of another
person;
(2)
A person being at least 18 years of age and having written authorization
from a parent or guardian to provide for 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, hospitals, apartment houses, office
buildings, transport facilities, and shops.
Remain.
To linger, stay or fail to leave premises when requested
to do so by a peace 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, serious
permanent disfigurement or protracted loss or impairment of the function
of any bodily member or organ.
(Ordinance 2016-08-01, sec. 2, adopted 8/2/16; Ordinance 2020-03-02 adopted 3/17/20)
(a) Violation by minor.
A minor commits an offense if the
minor remains in any public place or on the premises of any establishment
within the city during curfew hours.
(b) Violation by parent or guardian.
A parent or guardian
of a minor commits an offense if the parent or guardian 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) Contributing to the neglect or delinquency of minor.
A parent, guardian or other person having the care, custody or control
of a minor commits an offense if, by any act or omission, or by lack
of supervision and control over such minor, such person encourages,
contributes toward, causes or tends to cause the minor to become neglected
or delinquent.
(d) Violation by owner, operator or employee of establishment.
The owner, operator, or any employee of an establishment commits
an offense if such person knowingly allows a minor to remain upon
the premises of the establishment during curfew hours.
(Ordinance 2016-08-01, sec. 3, adopted 8/2/16; Ordinance 2020-03-02 adopted 3/17/20)
(a) A person who violates section
8.02.032(a) of this article is guilty of a misdemeanor, and upon conviction in the municipal court of the city shall be deemed guilty of a class C misdemeanor punishable by a fine of not more than two hundred fifty dollars ($250.00) for each offense. Each day or part of day during which the violation is committed, continued, or permitted shall be considered a separate offense.
(b) Each minor upon the premises of any establishment constitutes a separate violation under section
8.02.032 of this article and shall result in a separate fine.
(c) Any
child taken into custody for a violation of this article shall be
held in accordance with article 45.059, Texas Code of Criminal Procedure.
(d) When required by section 51.08 of the Texas Family Code, as amended, the municipal court of the city shall waive original jurisdiction over a minor who violates section
8.02.032(a) and shall refer the minor to a juvenile court.
(e) Any person who violates section
8.02.032(b) to
(d) of this article is guilty of a misdemeanor, and upon conviction in the municipal court of the city shall be deemed guilty of a class C misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) for each offense. Each day or part of day during which the violation is committed, continued, or permitted shall be considered a separate offense.
(Ordinance 2016-08-01, sec. 4, adopted 8/2/16; Ordinance 2020-03-02 adopted 3/17/20)
(a) It is an affirmative defense to prosecution under section
8.02.032(a),
(b), and
(c) of this article that:
(1) The minor was accompanied by his/her parent or legal guardian;
(2) The minor was accompanied by an adult approved by the minor’s
parent;
(3) The minor was attending, going to or returning from, without stop
or detour and using the most direct route, any school, religious or
other activity supervised by adults and sanctioned by a government,
civic or church entity that takes responsibility for the minor;
(4) The minor was on an emergency errand;
(5) The minor was engaged in lawful employment activity or going to or
returning from, without stop or detour and using the most direct route,
any lawful employment; or
(6) The minor is married or had been married or had disabilities or minority
removed in accordance with Texas Family Code chapter 31.
(b) It is an affirmative defense to prosecution under section
8.02.032(d) of this article that:
(1) The business operator notified the police department that the minor
was present during curfew hours and refused to leave;
(2) The business operator was unaware of the presence of the minor and
assisted the police in identifying the minor; or
(3) The minor is an employee of the establishment, is actually engaged
in duties related to that employment and is receiving payment for
the activity.
(Ordinance 2016-08-01, sec. 5, adopted 8/2/16; Ordinance 2020-03-02 adopted 3/17/20)
Before the third anniversary of the date of adoption of this
article and every third year thereafter, the city council shall review
the effects of this article on the community and determine whether
to abolish, continue or modify this article. Two public hearings shall
be conducted to consider public comments.
(Ordinance 2016-08-01, sec. 6, adopted 8/2/16; Ordinance 2020-03-02 adopted 3/17/20)