No hunting or discharging of firearms of any kind shall be permitted on any lot or within any part of the city at any time. BB guns and/or paintball guns may be used on a person’s private property only, and the projectile may not leave said person’s property boundary.
Penalty, see sec. 130.99
(Ordinance 2011-27(f) adopted 11/12/15)
Section 130.01 does not apply to a peace officer or a commissioned security officer hired by or under contract with the city and acting within the scope of that employment, or to a peace officer of another unit of government lawfully acting within the scope of the peace officer’s duties. Additionally, this section does not apply to a person licensed to carry a concealed handgun under Tex. Rev. Civ. Stat. Art. 4413(29ee).
(Ordinance 2016-1 adopted 4/14/16)
The indiscriminate throwing of mass distribution of magazines, books and similar items is hereby prohibited within the city limits.
Penalty, see sec. 130.99
(Ordinance 2016-1 adopted 4/14/16)
(A) 
You cannot block the sidewalk where it prevents the use by other citizens.
(B) 
You cannot block ingress or egress to the doors of the building.
(C) 
You cannot set up tables or other obstructions on the sidewalk.
(D) 
You cannot get into the street for any reason.
(E) 
You cannot get on “private property” without the permission of the property owner. (Note: The parking lot adjacent to the City Hall/Community Center grounds belongs to the IPOIA and therefore is considered “private property.”)
(F) 
Careful consideration to the wording and/or graphics that are placed on posters or signs should be considered. Threatening, vulgar, profane or pornographic words or images may prompt police action.
(Resolution 2017-4R adopted 2/9/17; Ordinance 2017-7 adopted 3/2/17)
(A) 
Curfew hours for minors.
(1) 
Definitions.
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS.
1. 
10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day.
2. 
12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
3. 
9:00 a.m. until 3:00 p.m. when school is in session and students are required to be in school, including students or youths under expulsion or suspension who are required to remain under supervision during this time period, all as is hereinafter set out.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately owned place of business operated for a profit or nonprofit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN.
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 a minor has been placed by a court.
MINOR. Any person under 17 years of age
OPERATOR. Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT. A person who is:
1.
A natural parent, adoptive parent or stepparent of another person; or
2.
At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
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 parks and lakes, office buildings, and shops.
REMAIN.
1.
To linger or stay; or
2.
To fail to leave premises when requested to do so by a law enforcement officer or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY. 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.
(2) 
Generally.
(a) 
A minor commits an offense if he or she or 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 or 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 or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(3) 
Defenses.
(a) 
It is a defense to prosecution under this section 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, or going to or returning home from an employment activity, without any detour or stop;
5. 
Involved in an emergency;
6. 
On the easement near abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the law enforcement department about the minor’s presence;
7. 
Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor;
8. 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly;
9. 
Married or had been married or had disabilities removed in accordance with Tex. Family Code, Ch. 31.
(b) 
It is a defense to prosecution under division (A)(2)(c)that the owner, operator or employee of an establishment promptly notified the law enforcement department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(c) 
School attendance.
1. 
Compulsory school age persons must be in attendance at school; parental duties imposed.
a. 
No minor between the ages of six and 16, inclusive, other than a minor that has been suspended or expelled from school, shall be at any place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day, unless the minor has written proof from school authorities excusing him from attending school at that particular time, or unless the minor is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the minor.
b. 
Each parent or legal guardian of a minor between the ages of six and 16, inclusive, shall have a duty to prohibit the minor from behaving contrary to division (A)(3)(c)1.a. of this section. No person shall fail to fulfill the duty imposed by this section.
c. 
Any person who violates division (A)(3)(c)1.b. of this section is guilty of failing to supervise a minor of compulsory school age.
2. 
If a minor between the ages of six and 16, inclusive, is suspended or expelled from school, each parent or legal guardian of the minor shall have the following duties for the duration of the suspension or expulsion:
a. 
To personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled; and
b. 
To prohibit the minor from being at any public place at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances found in division (A)(3) of this section.
3. 
No minor between the ages of six and 16, inclusive, who has been suspended or expelled from school, shall fail to comply with supervision provided or arranged by a parent or legal guardian.
4. 
No minor between the ages of six and 16, inclusive, who has been suspended or expelled from school, shall be in any public place at the times that he or she would have been required to be in attendance at school or employment had he or she not been suspended or expelled.
(4) 
Enforcement.
Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense, as set out in division (A)(3) of this section, is present.
(B) 
Emergency curfew.
During this curfew, it will be unlawful for any person to be outside the confines of their residence property, between the hours of 8:00 p.m. to 6:00 a.m. until the state of emergency state is declared over, except as allowed by exemptions herein.
(1) 
Persons exempted.
(a) 
Persons involved in an emergency.
(b) 
Persons involved in interstate travel and persons traveling to or from an airport with a boarding pass for a flight for that airport.
(c) 
Persons engaged in an employment activity, or going to or returning home without any detour or stop.
(d) 
Persons authorized by the emergency management, protection of the health safety or welfare of the public.
(e) 
Those employees of utility companies, utility contractors, debris removal contractors and support personnel who are essential and who are active in the repair of utility infrastructure and the restoration of the electrical service, water, and emergency medical services.
(2) 
Enforcement.
Before taking any enforcement action under this section, the law enforcement office shall ask the apparent offenders their reason(s) for being away from their residence. The law enforcement officer shall not issue a citation or make any arrest unless the officer has reasons to believe an offense has occurred and that, based on any response and other circumstances, no exemption applies.
Penalty, see sec. 130.99
(Ordinance 2018-3 adopted 11/9/17)
(A) 
Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to sec. 10.99 of this code of ordinances.
(B) 
First time offenders will be notified of sec. 130.03 prohibiting the indiscriminate throwing of mass distribution magazines, phone books and similar items that become litter. Second time offenders will be fine in the amount of $500 (maximum fine for littering in the state) plus the cost to the city of picking up the unwanted publications.
(C) 
A person who violates sec. 130.05 is subject to immediate arrest. A person who violates sec. 130.05 is guilty for each day or part of a day during which the violation is committed or continued. Upon conviction, each offense is punishable by a fine of $500.
(Ordinance 2016-1 adopted 4/14/16; Ordinance 2018-3 adopted 11/9/17)