The purpose of this division is to protect the welfare of minors by:
(1) 
Reducing the likelihood that minors may be the victims of criminal acts during curfew hours;
(2) 
Reducing the likelihood that minors will become involved in delinquent or criminal behavior during curfew hours; and
(3) 
Aiding parents, guardians, custodians, or other responsible persons in carrying out their responsibility to exercise reasonable supervision of minors entrusted to their care.
(Ordinance 1198, sec. 2, adopted 7/19/16)
For the purpose of this division, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Curfew hours
means:
(1) 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and
(2) 
12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
Emergency
means 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 other situation requiring immediate action to prevent serious bodily injury or loss of life.
Establishment
means 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
means:
(1) 
A person who, under court order, is the guardian of the person of a minor; or
(2) 
A public or private agency with whom the minor has been placed by the court.
Minor
means any person under the age of seventeen (17).
Operator
means any individual, firm, association, partnership or corporation managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
Parent
means:
(1) 
A person who is the natural parent, adoptive parent or step-parent of another person; or
(2) 
A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
Public place
means any place which the public, or a substantial group of the public, has access to and includes, but is not limited to, streets, highways and the common use of areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Remain
means to:
(1) 
Linger or stay; 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.
Serious bodily injury
means 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 1198, sec. 3, adopted 7/19/16)
(a) 
A minor commits an offense if he/she 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 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 city during curfew hours.
(c) 
The owner, operator or any employee of an establishment commits an offense if he/she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(Ordinance 1198, sec. 4, adopted 7/19/16)
(a) 
It is a defense to prosecution under section 8.02.033 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, without a 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) 
Going to, attending or returning from an official school, religious or other recreational activity supervised by adults and/or sponsored by the city, the school district, a civic organization or another similar entity that takes responsibility of the minor. Going to or returning home means without any detour or stop from said event.
(8) 
Attending a function or event sponsored and supervised by an establishment that prohibits ingress and egress to the establishment during curfew hours and the management of the establishment has registered the function or event with the city at least 48 hours in advance.
(9) 
Exercising their First Amendment rights protected by the United States Constitution.
(10) 
Is married or had been married or had their minor status lawfully removed in accordance with the Texas Family Code, chapter 31.
(b) 
It is a defense to prosecution under section 8.02.033 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 1198, sec. 5, adopted 7/19/16)
(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 in an amount in accordance with the general penalty provided in section 1.01.009.
(b) 
When required by the Texas Family Code, section 51.08, as amended, the municipal court shall waive the original jurisdiction over a minor who violates section 8.02.033(a) of this division and shall refer the minor to juvenile court.
(Ordinance 1198, sec. 6, adopted 7/19/16; Ordinance adopting 2019 Code)
Pursuant to section 370.002 of the Texas Local Government Code, the city council shall review this division every three (3) years from and after the date of passage hereof to determine:
(1) 
The effects on the community and on problems this division is intended to remedy;
(2) 
To conduct a public hearing on the need to continue this division; and
(3) 
If necessary or appropriate to abolish, continue, or modify this division.
(Ordinance 1198, sec. 7, adopted 7/19/16)