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:
(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)