For the purposes of section 8.07.003(2) shall mean any person 18 years of age or older.
Shall include but not be limited to fire, natural disaster,
an automobile accident, or obtaining immediate medical care for another
person.
Any person to whom custody of a minor has been given by a
court order.
Any person under seventeen (17) years of age.
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.
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.
(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)
(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)
