In this article:
Chief of police.
The chief of police of the city.
Curfew hours.
(1) 
10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day beginning with the first day of school of the Saint Jo Independent School District and ending on the next to the last day of school of the Saint Jo Independent School District;
(2) 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day beginning with the last day of school of the Saint Jo Independent School District and ending on the day before school commences in the Saint Jo Independent School District; and
(3) 
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.
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.
Holding location.
A place designated by the chief of police to which a minor taken into custody for a violation of this article will be delivered to await pickup by a parent or juvenile authorities.
Minor.
Any person 17 years of age or younger.
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.
A person who is:
(1) 
A natural or adoptive parent of another person;
(2) 
A court-appointed guardian or another person; or
(3) 
At least 21 years of age and authorized by a parent or court-appointed guardian to have the care and custody of another person.
Public place.
Any street, alley, highway, sidewalk, playground, park, plaza, building, or other place used by or open to the public.
Remain.
To:
(1) 
Linger or stay unnecessarily; or
(2) 
Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
(1995 Code, sec. 7.301; Ordinance adopting Code)
(a) 
A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
(b) 
A parent 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.
(1995 Code, sec. 7.302)
(a) 
It is a defense to prosecution under section 8.02.002 that the minor was:
(1) 
Accompanied by the minor’s parent;
(2) 
On an errand at the direction of the minor’s parent and was using a direct route;
(3) 
In a motor vehicle involved in interstate travel;
(4) 
Engaged in an employment activity, including but not limited to newspaper delivery, and was using a direct route;
(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 officer about the minor’s presence;
(7) 
Attending an official school or religious activity or returning home by a direct route from an official school or religious activity;
(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 8.02.002(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.
(1995 Code, sec. 7.303)
(a) 
A police officer, upon finding a minor in violation of section 8.02.002(a), shall:
(1) 
Ascertain the name and address of the minor;
(2) 
Issue to the minor a written citation that the minor is in violation of section 8.02.002(a); and
(3) 
Order the minor to go promptly home by a direct route or have a parent take custody of minor.
(b) 
Notwithstanding subsection (a) of this section, a police officer, upon finding a minor in violation of section 8.02.002(a), may take the minor into custody and deliver the minor to a holding location if:
(1) 
(A) 
The minor has received two previous written citations for a violation of section 8.02.002(a); or
(B) 
Reasonable grounds exist to believe the minor has engaged in delinquent conduct or conduct indication a need for supervision in accordance with sections 51.03 and 52.01 of the Texas Family Code.
(2) 
When a minor is taken into custody under this subsection, the police department shall immediately notify a parent to pick up the minor at the holding location. After a parent arrives at a holding location and provides the information required by the chief of police to file an incident report, the minor shall be released into the custody of the parent. If a parent cannot be located or fails to take charge of the minor, the minor shall be released to the juvenile authorities.
(3) 
If a minor is not taken into custody for a violation of section 8.02.002(a), the police department shall by certified mail, return receipt requested, notify a parent of the minor that the minor has violated section 8.02.002(a), and include a warning that any subsequent violation may result in prosecution of the minor and the parent under this article. If the minor was found in violation of section 8.02.002(a) at an establishment, the police department shall by certified mail, return receipt requested, notify the owner, operator, or employee of the establishment of the violation and include a warning that any subsequent violation may result in prosecution of the owner, operator, and employee under this article.
(4) 
A police officer shall, within 24 hours after finding a minor in violation of section 8.02.002(a), file a written report on the incident or assist to the extent possible in the preparation and filing of the report by a supervisor.
(1995 Code, sec. 7.304; Ordinance adopting Code)
(a) 
A parent of a minor who violates section 8.02.002(b) in this article is, upon conviction, punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(b) 
Any minor who violates section 8.02.002(a) of this article three or more times within a 24-month period is subject to appropriate action by a juvenile court in accordance with chapters 51 and 52 of the Texas Family Code.
(c) 
The owner, operator, or employee of an establishment who violates section 8.02.002(c) of this article is, upon conviction, punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(d) 
A minor may be prosecuted in municipal court for a violation of section 8.02.002(a) by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(1995 Code, sec. 7.305)