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.
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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.
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GUARDIAN.
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1.
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A person who, under court order, is the guardian of the person
of a minor; or
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2.
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A public or private agency with whom a minor has been placed
by a court.
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MINOR. Any person under
17 years of age
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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.
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PARENT. A person who
is:
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1.
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A natural parent, adoptive parent or stepparent of another person;
or
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2.
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At least 18 years of age and authorized by a parent or guardian
to have the care and custody of a minor.
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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.
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REMAIN.
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1.
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To linger or stay; or
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2.
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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.
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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.
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(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.
(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)