For the purpose of this division, the following terms, phrases,
words and their derivations shall have the meaning herein given. When
not inconsistent with their context, words used in the present tense
include the future, words used in the plural number include the singular
and words used in the singular include the plural. The word “shall”
is always mandatory.
The City of Onalaska, Texas.
Any privately owned place of business operated for profit,
to which the public is invited, and including but not limited to any
business establishment, public facility, store, restaurant, bar, or
place of amusement or entertainment.
Any unemancipated person under the age of seventeen (17)
years.
Any individual, firm, association, partnership or corporation
operating, managing or conducting any business establishment, and
including the members or partners of an association or partnership
so engaged, and the officers of a corporation so engaged, and any
employees thereof.
Any person having legal custody of a minor or juvenile, whether
as natural or adoptive parent, legal guardian or as a person to whom
legal custody has been given under court order.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, common
areas of schools, shopping centers, parking lots, vacant lots not
associated with a residence or business establishment, parks, playgrounds,
transportation facilities, theaters, restaurants, shops, bowling alleys,
taverns, cafes, arcades and similar areas open to the use of the public.
The term shall also include a street, open to the use of the public
as a matter of right for purposes of vehicular traffic, or a sidewalk
open to the use of the public for pedestrian traffic, and rights-of-way
adjacent to said streets or sidewalks.
To stay behind, to tarry and to stay unnecessarily in a public
place, including, but not limited to the congregating of groups or
of interacting minors, in which any juvenile involved would not be
using a public place for ordinary or serious purpose, to fail to leave
the premises of an establishment when requested to do so by an operator
thereof or by a police officer; and to fail to leave a public place
when requested to do so by a police officer.
(Ordinance 178, sec. 1, adopted 5/9/95; Ordinance 223, sec. 4, adopted 11/9/99; 1982
Code, ch. 1, sec. 29(4); Ordinance 244, sec. 4, adopted 9/10/02; Ordinance 278, sec. 4, adopted 12/14/04; Ordinance 301, sec. 4, adopted 2/13/07; Ordinance 326, sec. 4, adopted 11/9/10; Ordinance 342, sec. 4, adopted 9/10/13; Ordinance 366, sec. 4, adopted 1/10/17; Ordinance 391, sec. 4, adopted 9/10/19; Ordinance 414, sec. 4, adopted 9/14/21)
It shall be unlawful for any unemancipated person younger than
seventeen (17) years of age to be or remain in or upon a public place
within the city:
(1)
Between
the hours of 12:00 a.m. (midnight) and 5:00 a.m. on Friday.
(2)
Between
the hours of 12:00 a.m. (midnight) and 5:00 a.m. on Saturday.
(3)
Between
the hours of 11:00 p.m. on each other night, Sunday through Thursday,
and 5:00 a.m. the morning of the next day following.
(Ordinance 178, sec. 2, adopted 5/9/95; Ordinance 223, sec. 1, adopted 11/9/99; 1982
Code, ch. 1, sec. 29(1); Ordinance 244, sec. 1, adopted 9/10/02; Ordinance 278, sec. 1, adopted 12/14/04; Ordinance 301, sec. 1, adopted 2/13/07; Ordinance 326, sec. 1, adopted 11/9/10; Ordinance 342, sec. 1, adopted 9/10/13; Ordinance 366, sec. 1, adopted 1/10/17; Ordinance 391, sec. 1, adopted 9/10/19; Ordinance 414, sec. 1, adopted 9/14/21)
It shall be unlawful for a parent of a juvenile knowingly to
permit or allow the juvenile to remain in any city public place or
establishment in violation of this division. The term “knowingly”
shall include knowledge that a parent could reasonably be expected
to have concerning the whereabouts of a juvenile under that parent’s
custody.
(Ordinance 178, sec. 4, adopted 5/9/95; Ordinance 223, sec. 2, adopted 11/9/99; 1982
Code, ch. 1, sec. 29(2); Ordinance 244, sec. 2, adopted 9/10/02; Ordinance 278, sec. 2, adopted 12/14/04; Ordinance 301, sec. 2, adopted 2/13/07; Ordinance 326, sec. 2, adopted 11/9/10; Ordinance 342, sec. 2, adopted 9/10/13; Ordinance 366, sec. 2, adopted 1/10/17; Ordinance 391, sec. 2, adopted 9/10/19; Ordinance 414, sec. 2, adopted 9/14/21)
It shall be unlawful for any operator of an establishment to
knowingly permit a juvenile to remain at that establishment in violation
of this division. The term “knowingly” means whether the
operator knew or a reasonable person in the operator’s position
should have known that the person was a juvenile in violation of this
division.
(Ordinance 178, sec. 5, adopted 5/9/95; Ordinance 223, sec. 3, adopted 11/9/99; 1982
Code, ch. 1, sec. 29(3); Ordinance 244, sec. 3, adopted 9/10/02; Ordinance 278, sec. 3, adopted 12/14/04; Ordinance 301, sec. 3, adopted 2/13/07; Ordinance 326, sec. 3, adopted 11/9/10; Ordinance 342, sec. 3, adopted 9/10/13; Ordinance 366, sec. 3, adopted 1/10/17; Ordinance 391, sec. 3, adopted 9/10/19; Ordinance 414, sec. 3, adopted 9/14/21)
(a)
The
following shall constitute valid exceptions to the operation of this
division
(1)
When a juvenile is accompanied by a parent of such juvenile or is
accompanied by an adult over the age of twenty-one (21) years, authorized
by the parent of the juvenile to take the parent’s place in
accompanying said juvenile for a designated period of time and for
a designated purpose within a specified area.
(2)
When a juvenile is exercising his or her First Amendment rights protected
under the United States Constitution, for purposes of free exercise
of religion, freedom of speech, or right of assembly, if the parent
of the juvenile has furnished prior thereto a written communication,
delivered to the chief of police of the city, or his designee, identifying
the juvenile, signed by the juvenile and the parent of the juvenile,
containing the home address and telephone number of the parent, and
specifying the time, place and manner in which the juvenile will exercise
said First Amendment rights during the hours in which this division
is applicable.
(3)
When there is a case of reasonable necessity for the juvenile to
remain in a public place during the hours in which this division is
applicable, if the parent of the juvenile has furnished prior thereto
a written communication, delivered to the chief of police of the city,
or his designee, identifying the juvenile, signed by the parent of
the juvenile, containing the home address and telephone number of
the parent, and specifying the purpose for which the juvenile will
be in a public place, the designated time for such appearance, and
the points of origin and destination for travel therefor.
(4)
When a juvenile is on the sidewalk or property where the juvenile
resides, or on either side of or across the street from the place
where the juvenile resides and the adult owner or resident of that
property has given permission for the juvenile to be there.
(5)
When a juvenile is returning home by a direct route, without unnecessary
detour or stop, from and within one (1) hour of the termination of
a school activity or an organized activity of a religious or other
voluntary association, or a place of public entertainment (such as
a movie, play or sporting event); provided, however, if the event
is not commercial in nature and does not have a fixed, publicly known
time at which it will end, the sponsoring organization has registered
the event by written communication delivered at least twenty-four
(24) hours in advance to the chief of police of the city, or his designee,
such communication identifying the time for which such event is scheduled
to commence and end, the place at which such event is to be held and
the name of the sponsoring organization.
(6)
When the juvenile is legally employed and carries a certified card
of employment, renewable as directed by the chief of police of the
city, signed by the chief of police or his designee, identifying the
juvenile, the address of the juvenile, the place of employment and
hours of employment.
(7)
When the juvenile is, with parental consent, engaged in normal travel
through the city or originating or terminating in the city.
(8)
In the case of an operator of an establishment, when the operator
has notified the police that a juvenile was present on the premises
of the establishment during curfew hours and refused to leave.
(b)
Nothing
herein shall prohibit the temporary suspension by the chief of police
of the city specifying permitted use of a particular place and time
during which enforcement shall be suspended.
(c)
Each
of the foregoing exceptions and their several limitations are severable
as hereinafter provided.
(Ordinance 178, sec. 3, adopted 5/9/95; Ordinance 223, sec. 5, adopted 11/9/99; 1982
Code, ch. 1, sec. 29(5); Ordinance 244, sec. 5, adopted 9/10/02; Ordinance 278, sec. 5, adopted 12/14/04; Ordinance 301, sec. 5, adopted 2/13/07; Ordinance 326, sec. 5, adopted 11/9/10; Ordinance 342, sec. 5, adopted 9/10/13; Ordinance 366, sec. 5, adopted 1/10/17; Ordinance 391, sec. 5, adopted 9/10/19; Ordinance 414, sec. 5, adopted 9/14/21)
(a)
Report of violations to the clerk of the municipal court.
Each violation of this division shall be reported within twenty-four
(24) hours to the clerk of the municipal court of the city for purposes
of computation of offenses and analysis of curfew violations. Each
such report shall include the name of the juvenile, proof of age,
address, telephone number and identification of parent, including
the name, address and telephone number of the parent. Each such report
shall include, if applicable, the name of any establishment at which
the juvenile was found in violation of this division, and the name
and address of the operator of such establishment.
(b)
First violations, juvenile, parent and operator liability.
(1)
Violation by juvenile.
If a police officer reasonably believes that a juvenile is in a public place in violation of this division, the officer shall notify the juvenile that he or she is in violation of this division and the officer shall require the juvenile to provide their name, proof of age, address, telephone number and identification of their parent. If proof of age is not available, the officer may then use his or her best judgment in determining the age of the juvenile. The officer shall order the juvenile to go home promptly and shall issue the juvenile a written warning that any subsequent violation will result in full enforcement of the applicable penalties against the juvenile as described in section 8.02.037, below.
(2)
Notice to parents.
Upon issuance of a written warning as provided in subsection (b)(1) above, and receipt of the information required to be provided in subsection (a) above, the clerk of the municipal court shall send the parent of the juvenile written notice of the violation of this division. Said notice shall be sent by certified mail, return receipt requested, and shall warn the parent that any subsequent violation will result in full enforcement of the applicable penalties against the juvenile and parent as described in section 8.02.037, below.
(3)
Violation by operator of establishment.
For the first violation of this division by an operator of an establishment who permits a juvenile to remain on the premises of the establishment in violation of this division, a police officer shall issue a written notice of the violation, containing a warning that any subsequent violation will result in full enforcement of the applicable penalties against the operator as described in section 8.02.037, below.
(c)
Subsequent violations by juvenile or circumstances of delinquent
conduct, procedures respecting juveniles and parents.
Notwithstanding the provisions of subsection (b)(1) above, if a juvenile has received a previous written warning for violation of this division, or if a police officer has probable cause to believe that the juvenile has engaged in delinquent conduct, the police officer shall take the juvenile to the police station and shall immediately notify the parent of the juvenile and request said parent to come to the police station to pick up the juvenile. The parent shall be notified of possible costs of enforcement described in section 8.02.037(b), should the parent not retrieve the juvenile within one (1) hour of notification. If the parent cannot be located or fails to take possession of the juvenile as requested, then the juvenile shall be released to county juvenile probation officers or otherwise released at the direction and recommendation of the county juvenile probation department.
(Ordinance 178, sec. 6, adopted 5/9/95; Ordinance 223, sec. 6, adopted 11/9/99; 1982
Code, ch. 1, sec. 29(6); Ordinance 244, sec. 6, adopted 9/10/02; Ordinance 278, sec. 6, adopted 12/14/04; Ordinance 301, sec. 6, adopted 2/13/07; Ordinance 326, sec. 6, adopted 11/9/10; Ordinance 342, sec. 6, adopted 9/10/13; Ordinance 366, sec. 6, adopted 1/10/17; Ordinance 391, sec. 6, adopted 9/10/19; Ordinance 414, sec. 6, adopted 9/14/21)
(a)
Violation by juvenile.
A juvenile who violates this division after having received the written warning described in section 8.02.036(b)(1) is guilty of a class C misdemeanor and is subject to fine and assessment of costs for prosecution.
(b)
Violation by parent.
A parent who violates this division after having received the written warning described in section 8.02.036(b)(2) is guilty of a class C misdemeanor and subject to fine and assessment of costs for prosecution and enforcement. Costs of enforcement shall include costs incurred by the city for providing personnel to remain in the company of a juvenile detained as a curfew violator if the parent fails to retrieve said juvenile from the police department within one (1) hour of the request to do so as described in section 8.02.036(c). Said costs shall include the hourly wage of the city employee assigned to remain with the juvenile including the cost of benefits payable by the city to said employee.
(c)
Violation by operator.
An operator who violates this division after having received the written warning described in section 8.02.036(b)(3) is guilty of a class C misdemeanor and is subject to fine and assessment of costs for prosecution.
(d)
Referral of juvenile to probation authorities.
Nothing
herein shall preclude referral of the juvenile to county juvenile
probation authorities as the chief of police may deem appropriate
for the protection of the juvenile and the public.
(Ordinance 178, sec. 7, adopted 5/9/95; Ordinance 223, sec. 7, adopted 11/9/99; 1982
Code, ch. 1, sec. 29(7); Ordinance 244, sec. 7, adopted 9/10/02; Ordinance 278, sec. 7, adopted 12/14/04; Ordinance 301, sec. 7, adopted 2/13/07; Ordinance 326, sec. 7, adopted 11/9/10; Ordinance 342, sec. 7, adopted 9/10/13; Ordinance 366, sec. 7, adopted 1/10/17; Ordinance 391, sec. 7, adopted 9/10/19; Ordinance 414, sec. 7, adopted 9/14/21)
The city council shall continue its evaluation and updating
of this division through methods including but not limited to:
(1)
Within
six months after implementation of this division, the chief of police
shall provide the city council with a report concerning the effect
of this division on crimes committed by and against minors, and of
the number of warnings issued and citations issued against minors,
parents and operators hereunder, together with such other information
as council may request.
(2)
On
a regular basis, the city council shall receive informal reports of
all exceptional cases hereunder of reasonable necessity, the notices
of school and other activities and special permits and regulations
authorized above, and the advisory opinions for consideration by the
council in further updating and continuing evaluation of this division.
(Ordinance 178, sec. 9, adopted 5/9/95; Ordinance 223, sec. 9, adopted 11/9/99; 1982
Code, ch. 1, sec. 29(9); Ordinance 244, sec. 9, adopted 9/10/02; Ordinance 278, sec. 9, adopted 12/14/04; Ordinance 301, sec. 9, adopted 2/13/07; Ordinance 326, sec. 9, adopted 11/9/10; Ordinance 342, sec. 9, adopted 9/10/13; Ordinance 366, sec. 9, adopted 1/10/17; Ordinance 391, sec. 9, adopted 9/10/19; Ordinance 414, sec. 9, adopted 9/14/21)
Notice of the existence of this division and of the curfew regulations
established by it shall be posted in, on or about such public or quasi-public
places as may be determined by the mayor in order that the public
may be constantly informed of the existence of this division and its
regulations.
(Ordinance 178, sec. 10, adopted 5/9/95; Ordinance 223, sec. 10, adopted 11/9/99; 1982
Code, ch. 1, sec. 29(10); Ordinance 244, sec. 10, adopted 9/10/02; Ordinance 278, sec. 10, adopted 12/14/04; Ordinance 301, sec. 10, adopted 2/13/07; Ordinance 326, sec. 10, adopted 11/9/10; Ordinance 342, sec. 10, adopted 9/10/13; Ordinance 366, sec. 10, adopted 1/10/17; Ordinance 391, sec. 10, adopted 9/10/19; Ordinance 414, sec. 10, adopted 9/14/21)
So that the city council can review the effectiveness of this
division and the necessity for its renewal within a reasonable time
after its adoption, this division shall expire and shall be null and
void after the 15th day of January, 2024.
(Ordinance 178, sec. 12, adopted 5/9/95; Ordinance 223, sec. 12, adopted 11/9/99; 1982
Code, ch. 1, sec. 29(12); Ordinance 244, sec. 12, adopted 9/10/02; Ordinance 278, sec. 12, adopted 12/14/04; Ordinance 301, sec. 12, adopted 2/13/07; Ordinance 326, sec. 12, adopted 11/9/10; Ordinance 342, sec. 12, adopted 9/10/13; Ordinance 366, sec. 12, adopted 1/10/17; Ordinance 391, sec. 12, adopted 9/10/19; Ordinance 414, sec. 12, adopted 9/14/21)
