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.
A police officer.
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 areas of schools, hospitals, apartment houses, office
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 367-94, sec. I, adopted 9/20/94; Ordinance 576-08 adopted 6/16/08; Ordinance
715-15 adopted 8/11/15; Ordinance 782-18 adopted 11/13/18; Ordinance 840-21 adopted 9/28/21)
(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 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 allows a minor to remain upon the premises of the
establishment during curfew hours.
(Ordinance 367-94, sec. II, adopted 9/20/94; Ordinance 576-08 adopted 6/16/08; Ordinance
715-15 adopted 8/11/15; Ordinance 782-18 adopted 11/13/18; Ordinance 840-21 adopted 9/28/21)
(a)
It is a defense to prosecution under section 8.02.032 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 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 sponsored by the city, a civic organization
or other 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 other 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.
(b)
It
is a defense to prosecution herein 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 367-94, sec. III, adopted 9/20/94; Ordinance 576-08 adopted 6/16/08; Ordinance
715-15 adopted 8/11/15; Ordinance 782-18 adopted 11/13/18; Ordinance 840-21 adopted 9/28/21)
Before taking any official action under this division, an officer shall ask the apparent offender’s age and reason for being in a public place. 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 8.02.033 is present.
(Ordinance 367-94, sec. IV, adopted 9/20/94; Ordinance 576-08 adopted 6/16/08; Ordinance
715-15 adopted 8/11/15; Ordinance 782-18 adopted 11/13/18; Ordinance 840-21 adopted 9/28/21)
(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 in accordance with the general penalty provided in section 1.01.009 of this code.
(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 8.02.032(a) of this division and shall refer the minor to juvenile court.
(Ordinance 367-94, sec. V, adopted 9/20/94; Ordinance 576-08 adopted 6/16/08; Ordinance
715-15 adopted 8/11/15; Ordinance adopting 2017 Code; Ordinance
782-18 adopted 11/13/18; Ordinance 840-21 adopted 9/28/21)
(a)
Before
the third anniversary of the date of adoption of this article, and
every third year thereafter, the city council shall:
(1)
Review the effect of this article on the community and on problems
this article was intended to remedy;
(2)
Conduct public hearings on the need to continue this article; and
(3)
Abolish, continue, or modify this article as determined by the city
council to be in the best interests of the city and its citizens.
(b)
Failure
to act in accordance with subsections (a)(1)–(3) shall cause
this division to expire.
(Ordinance 782-18 adopted 11/13/18; Ordinance 840-21 adopted 9/28/21)
