For purposes of this division, the following terms shall apply:
Curfew hours.
(1) 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday night until 6:00 a.m. on the following day; and
(2) 
11:59 p.m. on any Friday or Saturday night until 6:00 a.m. on the following day.
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, natural disaster, 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, under court order, is the guardian of a minor; or
(2) 
A public or private agency with whom a minor has been placed by a court.
Minor.
Any person under 17 years of age.
Officer.
A police officer of the city.
Operator.
Any individual, firm, association, partnership, or corporation operating, managing, or conducting business at 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 stepparent of another person; or
(2) 
At least 18 years of age and authorized by a parent or guardian to have 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, parks and the common areas and parking lots of schools, hospitals, apartment houses, office buildings, transportation facilities, commercial shopping centers, and shops.
Remain.
To:
(1) 
Linger or stay; or
(2) 
Fail to leave premises when requested to do so by an 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 or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(Ordinance 612-2015 adopted 5/21/15)
(a) 
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) 
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) 
The owner, operator, or any employee of an establishment commits an offense if the owner, operator, or employee knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(Ordinance 612-2015 adopted 5/21/15)
(a) 
It is a defense to prosecution under section 8.06.032(a) that the minor was:
(1) 
Accompanied by the minor’s parent or guardian or another adult approved by the 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, 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, going to, or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, a school district or another similar entity that takes responsibility for the minor;
(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 V.T.C.A., Family Code chapter 31, as amended.
(b) 
It is a defense to prosecution under section 8.06.032(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 612-2015 adopted 5/21/15)
Before taking any enforcement action under this division, an 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 8.06.033 is present.
(Ordinance 612-2015 adopted 5/21/15)
(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, is punishable by a fine not to exceed five hundred dollars ($500.00).
(b) 
When required by V.T.C.A., Family Code section 51.08, as amended, the municipal court shall waive original jurisdiction over a minor who violates section 8.06.032(a) of this division and shall refer the minor to juvenile court.
(Ordinance 612-2015 adopted 5/21/15)
In accordance with section 370.002 of the Texas Local Government Code, before the third anniversary of the adoption of this division and every third year thereafter, if it is continued to be required by state law, the city council shall review the regulations contained herein and conduct a public hearing on the need to continue, abolish, or modify this article.
(Ordinance 612-2015 adopted 5/21/15)