The city chief of police or his/her designated representative.
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.
A place designated by the chief of police to which a minor
taken into custody for a violation of this section will be delivered
to await pick up by a parent or juvenile authorities.
Police officer of the city.
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.
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 shops, playgrounds, parks, or other places used by
or open to the public.
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 2016-01 adopted 3/8/16; Ordinance
2021-04 adopted 7/13/2021)
(a)
A
minor commits an offense if he is 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 or she knowingly
permits, or by insufficient control allows, the minor to be in any
public place or on the premises of any establishment within the city
during curfew hours. The term “knowingly” includes knowledge
which a parent should reasonably be expected to have concerning the
whereabouts of a minor in such parent’s custody. It shall be
prima facie of violation of this provision if a parent has no knowledge
of a minor’s whereabouts for which they have responsibility
during the hours of curfew established by this article.
(c)
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 hours.
(d)
An
offense committed under this article is a class C misdemeanor.
(Ordinance 2016-01 adopted 3/8/16; Ordinance
2021-04 adopted 7/13/2021)
(a)
It is a defense to prosecution under section 8.05.002 that 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 who did not complain to the
police department about the minors presence;
(7)
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;
(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)
Married or had been married or had disabilities of minority removed
in accordance with chapter 31 of the Texas Family Code.
(10)
With respect to subsection (3) of the definition of “curfew hours” in section 8.05.001, it shall be an exception that the offense occurred during a scheduled vacation of the school in which the minor is enrolled; a holiday observed by said school; a time during said hours when the minor is not scheduled to be in a class, including lunch periods, if said school does not require the minor to remain on the school grounds during said periods; that the minor has graduated from high school or received a high school equivalency certificate; that the minor has been emancipated by law; or that the minor has permission to be absent from school or to be in a public place from a school official, which in the case of a minor being educated in a home school includes a parent.
(Ordinance 2016-01 adopted 3/8/16; Ordinance
2021-04 adopted 7/13/2021)
(a)
Before taking any enforcement action under this section, an officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or take a minor into custody under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 8.05.003 is present.
(c)
(d)
If
a minor is taken into custody under this section and delivered to
the holding location, the police department shall immediately attempt
to notify a parent to pick up the minor at the holding location. After
a parent arrives at a holding location, the police officer may request
said parent to provide information deemed appropriate by the chief
of police, including information from which to file an incident report.
After the requested information, if any, has been provided, the minor
shall be released into the custody of such parent. If a parent cannot
be located by reasonable efforts or fails to take charge of the minor,
the minor shall be released to the juvenile authorities.
(e)
Upon any violation of section 8.05.002, the police department shall, by certified mail (return receipt requested), or by personal hand delivery, notify a parent of a violation and include a warning that a subsequent violation may result in prosecution of the minor and the parents under this section. A notice to any parent living in the home with the minor shall constitute notice to all parents, as herein defined, of the minor living in the home with the minor. If the minor was found in violation of section 8.05.002 at an establishment, the police department shall, by certified mail (return receipt requested), or by personal hand delivery, notify the owner, operator or employee of the establishment of the violation and include a warning in the notice that any subsequent violation may result in prosecution of the owner, operator or employee under this article.
(Ordinance 2016-01 adopted 3/8/16; Ordinance
2021-04 adopted 7/13/2021)
(a)
A person who violates a provision of this article 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 in accordance with the general penalty provision found in section 1.01.009 of this code.
(b)
If a person is unable to pay the fine assessed by the municipal court under subsection (a) above, the person may, in the alternative, be sentenced to community service. If requested by the person and approved by the court, in addition to or in lieu of a fine or community service, the person may participate in any educational, counseling or other rehabilitative program deemed appropriate by the municipal court.
(Ordinance 2016-01 adopted 3/8/16; Ordinance
2021-04 adopted 7/13/2021)
In accordance with chapter 370.002 of the Local Government Code,
as amended, before the third anniversary date of the adoption of this
article, and within three years of any continuance or modification
of the ordinance thereafter, the city council shall:
(1)
Review
the article’s effect on the community and on problems the article
was intended to remedy;
(2)
Conduct
public hearings as required by law on the need to continue the article;
and
(3)
Take
action to abolish, continue or modify the article.
(Ordinance 2016-01 adopted 3/8/16; Ordinance
2021-04 adopted 7/13/2021)
