Adult.
For the purposes of section 8.07.003(2) shall mean any person 18 years of age or older.
Emergency.
Shall include but not be limited to fire, natural disaster, an automobile accident, or obtaining immediate medical care for another person.
Guardian.
Any person to whom custody of a minor has been given by a court order.
Minor.
Any person under seventeen (17) years of age.
Parent.
A person who is the natural or adoptive parent of a person. As used herein, “parent” shall also include a court-appointed guardian or other person 18 years of age or older, authorized by the parent, by a court order, or by the court-appointed guardian to have the care and custody of a person.
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 areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(Ordinance 1195 adopted 11/15/18; Ordinance 1225 adopted 11/4/2021)
(a) 
It shall be unlawful for any minor to purposefully remain, walk, run, stand, drive or ride about, in or upon any public place in the city between the hours of 12:00 midnight and 6:00 a.m. during any day of the week.
(b) 
It shall be unlawful for the parent having legal custody of a minor to knowingly allow or permit the minor to be in violation of the juvenile curfew imposed in subsection (a) of this section.
(Ordinance 1195 adopted 11/15/18; Ordinance 1225 adopted 11/4/2021)
It is a defense to prosecution under section 8.07.002 of this article that:
(1) 
The minor was accompanied by his or her parent;
(2) 
The minor was accompanied by another adult approved by the parents;
(3) 
The minor was on an emergency errand;
(4) 
The minor was attending a school or religious activity or was going to or coming from a school or religious or organized community activity;
(5) 
The minor was engaged in a lawful employment activity or was going directly to or coming directly from lawful employment;
(6) 
The minor was on the sidewalk of a place where such minor resides or on the sidewalk of a place where the minor has permission from his/her parent or guardian to be or on the sidewalk of a next-door neighbor not communicating an objection to the police officer;
(7) 
The minor was upon an errand directed by his or her parent;
(8) 
The minor was in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area is the most direct route;
(9) 
The minor was exercising his or her First Amendment rights protected by the United States Constitution, including but not limited to the free exercise of religion, freedom of speech, and the right of assembly; and
(10) 
The minor was married or had been married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code.
(Ordinance 1195 adopted 11/15/18; Ordinance 1225 adopted 11/4/2021)
(a) 
Any police officer, upon finding a minor in violation of section 8.07.002 of this article, shall, the first time an offense is observed, issue the minor a written warning.
(b) 
Any police officer, upon finding a minor in violation of section 8.07.002 of this article, who has been previously issued a written warning, may issue a citation to the minor for violation of the juvenile curfew.
(Ordinance 1195 adopted 11/15/18; Ordinance 1225 adopted 11/4/2021)
(a) 
Any minor violating the provisions of this article shall be guilty of a class C misdemeanor as defined in the Texas Penal Code and shall be dealt with in accordance with the provisions of title 3 of the Texas Family Code.
(b) 
A parent or guardian of a minor violating this article shall be guilty of a misdemeanor, which shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
(Ordinance 1195 adopted 11/15/18; Ordinance 1225 adopted 11/4/2021)
(a) 
Before the third anniversary of the date of adoption of this article, and every third year thereafter, the city council shall:
(1) 
Review the effect of this article on the community and on problems this article was intended to remedy;
(2) 
Conduct public hearings on the need to continue this article; and
(3) 
Abolish, continue, or modify this article as determined by the city council to be in the best interests of the city and its citizens.
(b) 
Failure to act in accordance with subsections (a)(1)–(3) shall cause this article to expire.
(Ordinance 1195 adopted 11/15/18; Ordinance 1225 adopted 11/4/2021)