Curfew hours.
9:00 a.m. until 2:30 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday; provided, however, the hours defined in this subsection shall not be considered as curfew hours for minors not subject to compulsory school attendance pursuant to section 25.085, Texas Education Code, nor shall the hours defined in this subsection be considered as curfew hours on days or during periods in which the school where the applicable minor is enrolled is closed or classes for which the applicable minor is enrolled have been cancelled under the order and direction of officials authorized to issue such orders and directives.
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.
(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 subject to compulsory school attendance.
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 eighteen (18) years of age and authorized by a parent or guardian to have the care and custody for a limited time for a specific purpose 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 schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Remain.
To:
(1) 
Linger or stay; or
(2) 
Fail to leave premises when requested to do so by a peace 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.
(Ordinance 905, sec. I, adopted 3/24/95)
(a) 
A minor commits an offense if he 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 knowingly or acting with criminal negligence 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 knowingly or acting with criminal negligence allows a minor to remain upon the premises of the establishment during curfew hours.
(Ordinance 905, sec. II, adopted 3/24/95)
(a) 
It is an affirmative defense to prosecution under section 8.02.072 that the minor was:
(1) 
Accompanied by the minor’s parent or guardian;
(2) 
In a motor vehicle involved in interstate travel;
(3) 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(4) 
Involved in an emergency;
(5) 
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;
(6) 
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;
(7) 
Married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code.
(b) 
It is a defense to prosecution under section 8.02.072(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 905, sec. III, adopted 3/24/95)
Before taking any enforcement action under this division, a peace officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment. The officer shall not issue a citation or make an arrest under this division unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 8.02.073 is present.
(Ordinance 905, sec. IV, adopted 3/24/95)
(a) 
A person who violates a provision of this division is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00).
(b) 
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 8.02.072(a) of this division and shall refer the minor to juvenile court.
(Ordinance 905, sec. V, adopted 3/24/95)