As pertaining to this division the following definitions will have their specific meaning as follows:
Curfew hours.
The hours of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and the hours of 12.01 a.m. until 6:00 a.m. on any Saturday or Sunday.
Emergency.
An unforeseen combination of circumstances or the resulting state that calls for immediate action. This 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, under court order, is the legal guardian of the person or minor; or
(2) 
A public or private agency with whom a minor has been placed by the court.
Minor.
Any person under seventeen (17) years of age.
Officer.
A police officer of the city.
Operator.
An individual, firm, association, partnership or corporation operating, managing or conducting any establishment. This 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 eighteen (18) years of age and who is 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 and the common area of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Remain.
To:
(1) 
Linger or stay; or
(2) 
Fail to leave a 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 deadly, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(Ordinance 372 adopted 5/17/01)
(a) 
A minor commits an offense if he remains in any public place or on the premises of any establishment within the corporate city limits during curfew hours.
(b) 
A parent or guardian of a minor commits an offense if he/she knowingly permits or, by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the corporate city limits during curfew hours.
(c) 
The owner, operator or any employee of an establishment commits an offense if he/she knowingly permits or allows a minor to remain upon the premises of the establishment during curfew hours.
(Ordinance 372 adopted 5/17/01)
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 from 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 an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor or going to or returning home, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization 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 chapter 31 of the Texas Family Code.
(Ordinance 372 adopted 5/17/01)
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 section 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 372 adopted 5/17/01)
Any person who violates any 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).
(Ordinance 372 adopted 5/17/01)