The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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.
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.
Any person under 17 years of age.
Any individual, firm, association, partnership or corporation
operating, managing or conduction of any establishment. The term includes
the members or partners of any association or partnership and the
officers of a corporation.
A person who is:
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 area of schools, hospitals, apartment houses, offices
buildings, transport facilities and shops.
To:
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 180206-1 adopted 2/6/18)
(a)
Offenses.
(1)
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.
(2)
A parent or guardian of a minor commits an offense if he knowingly permits or by sufficient control allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours, or fails to acknowledge or return a citation issued to any minor child of the parent(s) as set out in subsection (c)(1) below.
(3)
The owner, operator or any employee of an establishment commits an
offense if he knowingly allows a minor to remain upon the premises
of the establishment during curfew.
(b)
Defenses.
(1)
It is a defense to prosecution under this section that the minor
was:
(A)
Accompanied by the minor’s parent or guardian.
(B)
On an errand at the direction of the minor’s parent or guardian,
without any detour or stop.
(C)
In a motor vehicle involved in intrastate or interstate travel.
(D)
Not required to attend school at the time of a violation occurring
during the curfew hours of 8:00 a.m. until 3:00 p.m. while school
was in session.
(E)
Engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop.
(F)
Involved in an emergency.
(G)
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.
(H)
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.
(I)
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.
(J)
Married or had been married or had disabilities removed in accordance
with V.T.C.A., Family Code ch. 31.
(c)
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 a public place during restricted curfew hours. 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, or no defense as set out in subsection (b) of this section.
(1)
First violation.
A first violation under this section
will result in the apparent offender being sent home with a written
warning of the offense. Said warning will be acknowledged by a parent
or legal guardian of the apparent violator and returned to the municipal
court, in person. Failure to return the warning to municipal court
within ten (10) days of issuance will be regarded as a second violation.
(2)
Second violation.
A second violation under this section
shall result in the issuance of a citation to the apparent violator.
The apparent violator will be required to appear in municipal court
accompanied by his/her parent(s) or guardian(s). Upon conviction,
the municipal court may impose a fine up to $500.00 and/or community
service. The court may also place both the violator and the parent(s)
or guardian(s) on a deferred adjudication program for a specified
period of time requiring certain conditions be met before the charge(s)
are vacated. Failure to comply with the terms set forth in the deferred
adjudication agreement or community service requirements shall result
in a third violation.
(3)
Third violation.
A third violation under this section
shall result in a citation being issued to the parent(s) or guardian(s)
of the apparent offender. The parent(s) or guardian(s) of the apparent
offender shall appear in municipal court to answer the charges issued
against them under this division.
(4)
A second or subsequent violation shall be one which occurs within
one year of the occurrence of any previous violation.
(5)
An offense under this division is a class C misdemeanor punishable
by a fine of up to $500.00.
(6)
This division shall become effective as of the date of publication.
(Ordinance 180206-1 adopted 2/6/18)
When required by V.T.C.A., Family Code section 51.08, as amended, the municipal court shall waive original jurisdiction over a minor who violates section 8.02.032(a)(1) and shall refer the minor to juvenile court.
(Ordinance 180206-1 adopted 2/6/18)
