Any person eighteen (18) years of age or older.
Those hours between 11:00 p.m. and 6:00 a.m. on Sunday through Thursday, and between 12:00 midnight and 6:00 a.m. on Friday and Saturday.
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident, medical crisis or any other situation requiring immediate action to prevent serious bodily injury or loss of life.
Any person or public or private agency to whom legal custody of a child has been given.
Any unmarried person seventeen years of age or younger who has not had the disabilities of minority removed.
Any biological, adoptive or step parent.
Any place to which the public or a portion of the public has access or to which the public is invited, including, without limitation, parks, alleys, streets, roads, highways, lakes, cemeteries, parking lots or facilities, schools, hospitals, office buildings, stores, businesses, shops and churches.
To linger or stay, or to fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
(Ordinance 2011-007, sec. 1, adopted 12/12/11)
It is unlawful for any minor to remain, walk, run, stand, drive or ride in or about any public place during curfew hours.
(Ordinance 2011-007, sec. 2, adopted 12/12/11)
It is an affirmative defense to prosecution under this division that:
(1)
The minor was accompanied by his or her parent or guardian or an adult approved by the parent or guardian;
(2)
The minor was attending, going to or returning from, without stop or detour and using the most direct route, any school, religious or other activity supervised by adults and sanctioned by a governmental, civic or church entity that takes responsibility for the minor;
(3)
The minor was out as a result of an emergency;
(4)
The minor was engaged in lawful employment activity or was going to or returning from any lawful employment, without stop or detour and using the most direct route.
(Ordinance 2011-007, sec. 3, adopted 12/12/11)
(a)
Before taking any enforcement action hereunder, an officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation enforcing this division unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no affirmative defense listed herein is present. An officer shall further not issue a citation under this division unless:
(1)
The minor has been contacted by law enforcement one prior time for violation of this division;
(2)
The minor has been warned by law enforcement of his or her violation of this division during such prior contact; and
(3)
The minor’s parent(s) or guardian has been warned of the minor’s violation on one (1) prior occasion.
(b)
A verbal warning may consist of one of the following:
(Ordinance 2011-007, sec. 4, adopted 12/12/11; Ordinance adopting Code)
Any person who shall violate any of the provisions of this division, upon conviction, shall be issued one warning as provided for in section 8.02.034 and then a progression of fines of $100.00, $300.00, and $500.00 for each offense thereafter, and each day’s violation shall constitute a separate offense.
(Ordinance 2011-007, sec. 5, adopted 12/12/11; Ordinance adopting Code)
On or before the third anniversary of the passage of this ordinance, and every third year thereafter, the city council shall review the ordinance or order’s effects on the community and on problems the ordinance was intended to remedy, conduct public hearings on the need to continue this ordinance, and abolish, continue or modify this ordinance. Pursuant to section 370.002, Local Government Code, this ordinance shall automatically expire if such review is not performed.
(Ordinance 2011-007, sec. 6, adopted 12/12/11)