(a) 
Protecting the public from the illegal acts of minors committed after the curfew hours.
(b) 
Protecting minors from improper influences that prevail after the curfew hours.
(c) 
Protecting minors from criminal activity that occurs after the curfew hours.
(d) 
Helping parents control their children.
(Ordinance 2018-01-16 adopted 1/19/18; Ordinance 2020-11-16 adopted 11/16/2020)
The City of Teague has experienced an increase in vandalism, minors in possession of alcohol, and disturbances of the peace during the evening and night time hours after 10:00 p.m. The city is approximately 15 miles from the City of Fairfield, the seat of government of our county where the nearest jail facility exists. There is need for an ordinance whereby juvenile crime can be prevented and punished without necessity of reliance on Texas Penal Code provisions or on county government assistance, particularly in regard to violations that do not warrant transportation expense and utilization of the city's limited police assets when dealing with minor problems, disturbances, or violations.
(Ordinance 2018-01-16 adopted 1/19/18; Ordinance 2020-11-16 adopted 11/16/2020)
All definitions contained within this article are for the purpose of this article only and shall have no impact on any other rule, law or ordinance unless referenced directly within said rule, law or ordinance.
Curfew Hours.
(1) 
For Minors Under Twelve Years of Age.
Those hours between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday and 6:00 a.m. on the following day; and
(2) 
For Minors Between the Ages of Twelve and Seventeen Years of Age.
Those hours between 12:01 a.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday and 6:00 a.m. on the following day.
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 to which the public is invited, including but not limited to any place of amusement or entertainment.
Guardian or Parent.
(1) 
The natural parent, adoptive parent or stepparent of another person;
(2) 
A person who, under court order, is the guardian of the person of a minor; or
(3) 
A person at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
Minor.
A child who has not yet reached their eighteenth birthday.
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.
Prohibited Activities.
Lingering, staying, or failing to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
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, alleys, avenues and common areas of schools, hospitals, apartment, houses, office buildings, parks, playgrounds transport facilities, vacant lots or other unsupervised places. In a motorized vehicle, restaurants and shops.
Remain.
To linger, stay or fail to leave a public place or any premises when requested to do so by a peace officer, or an establishment when requested to do so by the owner, operator, or other person in control of the establishment.
Serious Bodily Injury.
That which 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.
(Ordinance 2018-01-16 adopted 1/19/18; Ordinance 2020-11-16 adopted 11/16/2020)
(a) 
A minor subject to this article commits an offense if he remains on any public place or on the premises of any establishment within the city during the herein defined age appropriate curfew hours.
(b) 
A parent or guardian of a minor subject to this article commits an offense if he 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 the herein defined age appropriate curfew hours.
(c) 
The owner/operator or any employee of an establishment commits an offense if he/she knowingly allows a minor subject to this article to remain upon the premises of the establishment during the herein defined age appropriate curfew hours.
(Ordinance 2018-01-16 adopted 1/19/18; Ordinance 2020-11-16 adopted 11/16/2020)
(a) 
It is a defense to prosecution under Section 8.904 if 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 sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
(7) 
Attending an official school, religious or other recreational activity supervised by adults and/or 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;
(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; or
(9) 
Is married or had been married or had disability of minority removed in accordance with Chapter 31 of the Texas Family Code.
(b) 
It is a defense to prosecution under Section 8.904(c) that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(Ordinance 2018-01-16 adopted 1/19/18; Ordinance 2020-11-16 adopted 11/16/2020)
Before taking an enforcement action under this article, a police 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 article unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense under Section 8.905 is present.
(Ordinance 2018-01-16 adopted 1/19/18; Ordinance 2020-11-16 adopted 11/16/2020)
(a) 
A person who violates a provision of this article commits an offense and, upon conviction shall be guilty of a class “C” misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) for each offense. Each day or part of a day during which the violation is committed, continued or permitted shall be considered a separate offense.
(b) 
Each minor upon the premises of any establishment constitutes a separate violation under Section 8.904(c) of this article and upon a conviction shall be the subject of a separate fine.
(c) 
Any child taken into custody for a violation of this article shall only be held in accordance with Article 45.059, Texas Code of Criminal Procedure.
(d) 
When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Section 8.904(a) of this article and shall refer the minor to juvenile court.
(Ordinance 2018-01-16 adopted 1/19/18; Ordinance 2020-11-16 adopted 11/16/2020)