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.
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:
(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)