For the purposes of this division, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Curfew hours.
(1) 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday night until 6:00 a.m. of the following day;
(2) 
12:00 midnight on any Friday or Saturday night until 6:00 a.m. of the following day; and
(3) 
1:00 a.m. on Friday, Saturday, or Sunday until 6:00 a.m. of the following day during Westfest weekend.
Emergency.
Shall include, but not be limited to, a fire, a natural disaster, an automobile accident or seeking immediate medical treatment for any person.
Interstate transportation.
Transportation between states of the United States, or between a state of the United States and a foreign country, to which travel through the city is merely incidental.
Intrastate transportation.
Transportation between locations within the state to which any travel through the city is merely incidental.
Minor.
A person under seventeen (17) years of age.
Parent.
A person who is the natural or adoptive parent of a minor. “Parent” shall also include a court-appointed guardian or other person twenty-one (21) years of age or older who has been authorized by the parent, by a court order, or by the court-appointed guardian to have care and physical control 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 and highways, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, restaurants and shops.
(Ordinance 100601, sec. 1, adopted 6/1/2010; Ordinance 12 adopted 11/4/2014)
(a) 
It shall be unlawful for any minor to intentionally or knowingly remain, walk, run, stand, drive or ride about in or upon any public place in the city during curfew hours.
(b) 
It shall be unlawful for a parent of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in subsection (a) of this section.
(c) 
It shall be unlawful for any owner, operator, or employee of any privately owned place of business operated for profit to which the public is invited to knowingly allow a minor to remain upon the premises of said place of business during curfew hours.
(Ordinance 100601, sec. 1(B), adopted 6/1/2010; Ordinance 12 adopted 11/4/2014)
It is a defense to prosecution under section 8.02.032 that, at the time of the act that otherwise would constitute an offense:
(1) 
The minor was accompanied by an adult twenty-one (21) years of age or older approved by the parent;
(2) 
The minor was on an emergency errand;
(3) 
The minor was attending a school, religious or government-sponsored activity or going to or coming from a school, religious or government-sponsored activity;
(4) 
The minor was engaged in a lawful employment activity or labor organization meeting or going to or coming from said lawful employment or labor organization meeting;
(5) 
The minor was on the premises of the place where such minor resides or the premises of a next-door neighbor, and the neighbor had not communicated an objection to the minor or the minor’s parent;
(6) 
The minor was on an errand directed by his or her parent;
(7) 
The minor was in an aircraft or motor vehicle involved in interstate or intrastate transportation or was awaiting transportation;
(8) 
The minor was exercising his or her first and fourteenth 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;
(9) 
The minor was married or had been married or had disabilities of minority removed in accordance with the Texas Family Code; or
(10) 
In a prosecution under section 8.02.032(c), the owner, operator or employee of the place of business promptly notified the police department that a minor was present on the premises of the business during curfew hours and refused to leave.
(Ordinance 100601, sec. 1(C), adopted 6/1/2010; Ordinance 12 adopted 11/4/2014)
(a) 
Any city police officer, upon finding a minor in violation of section 8.02.032(a), shall determine the name, address and identity of the minor and the name, address and identity of the minor’s parent(s) or guardian(s). A warning notice shall be issued to the minor, who shall be ordered to go home by the most direct means and route. A copy of the notice shall be filed with the city police chief, who shall send a letter to the parent(s) or guardian(s) of the minor advising that the minor was found in violation of this division and soliciting cooperation in the future.
(b) 
Any city police officer, upon finding a minor in violation of section 8.02.032(a) when the minor has once previously been warned as in subsection (a) above, shall record the name, address and identity of the minor and minor’s parent(s) or guardian(s), and shall issue a citation to the minor for the violation of this division. The minor shall be ordered to go home by the most direct means and route. A copy of the citation shall be filed with the chief of police, who shall send a letter to the parent(s) or guardians(s) of the minor found in violation of this division. The letter will address the requirement of parental control of the minor.
(c) 
Any city police officer, upon finding a minor in violation of section 8.02.032(a) when the minor has at least twice previously been found in violation and issued a warning and a citation as provided in subsections (a) and (b) above, shall record the name, address and identity of the minor and the minor’s parent(s) or guardian(s). The minor shall be ordered to go home by the most direct means and route and the officer shall file a complaint against the minor and the minor’s parent(s) or guardian(s) in municipal court for the violation. The police department shall file all necessary documentation and provide evidence required for prosecution of the minor and/or the parent(s) or guardian(s).
(d) 
If, after receiving a warning notice or letter as provided for under subsections (a) and (b) above, a person believes that the document was issued without justification, the person shall have ten (10) days from the receipt of the document to present an appeal, in writing, to the city chief of police. The appeal shall state the facts and circumstances which the appellant believes make the issuance of the documentation in question unjustified. The chief of police or his designated representative shall respond, in writing, to the appellant not later than twenty (20) days after receipt of the appeal, stating whether the issuance of the document or documents in question will be upheld or rescinded, and stating the reasons for decision. All decisions shall be final with the ruling of the chief of police or his representative. If a document is ordered rescinded after issuance, the status of the minor and the parent(s) or guardian(s) in question thereafter shall be the same as if the document ordered rescinded had never been issued, and all city records shall be corrected accordingly.
(Ordinance 100601, sec. 1(D), adopted 6/1/2010; Ordinance 12 adopted 11/4/2014)
(a) 
Any minor violating the provisions of this division shall, upon conviction, be guilty of a class C misdemeanor as defined by the Texas Penal Code and shall be dealt with in accordance with the provisions of title 3 of the Texas Family Code and the Texas Code of Criminal Procedure.
(b) 
A parent who violates section 8.02.032(b) or a person who violates section 8.02.032(c) shall, upon conviction, be guilty of a class C misdemeanor, which shall be punishable by a fine in accordance with section 1.01.009 of this code.
(c) 
In assessing punishment under this division, the municipal court judge may consider a community service program or a teen court program in lieu of all or part of the fine.
(Ordinance 100601, sec. 1(E), adopted 6/1/2010; Ordinance adopting Code; Ordinance 12 adopted 11/4/2014)