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 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.
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 adopted 12/14/09, sec.
1)
(a)
A
minor commits an offense if he remains, walks, runs, stands, drives
or rides about in or upon 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 remain, walk,
stand, drive, or ride about in or upon 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, walk, run, stand, drive
or ride about in or upon the premises of the establishment during
curfew hours.
(Ordinance adopted 12/14/09, sec.
2)
(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 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 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, the Yorktown Independent
School District, 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, the Yorktown Independent School District, 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.
(b)
It is a defense to prosecution under section 8.02.032 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 the curfew hours and refused to leave.
(c)
It is a defense to prosecution under section 8.02.032 with respect to the curfew hours of 9:00 a.m. until 2:30 p.m. on Monday, Tuesday, Wednesday, Thursday or Friday that the offense occurred during the scheduled vacation of or on a holiday observed by the school in which the minor is enrolled, or that the minor has graduated from high school or received a high school equivalency certificate, or that the minor has permission to be absent from the school or be in a public place from an authorized school official or a parent or guardian. In the case of a minor being educated in a home school, a parent or guardian shall be deemed a school official.
(Ordinance adopted 12/14/09, sec.
3)
Before taking any enforcement action under this division, a police officer shall ask the apparent offender’s age and reason for being in the 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 applicable.
(Ordinance adopted 12/14/09, sec.
4)
(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 section 1.01.009 of this code. A culpable mental state is not required to prove a violation of this division, unless otherwise provided herein.
(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 adopted 12/14/09, sec.
5)
This division shall be reviewed every third year prior to December
14 of such year as required by section 370.002 of the Texas Local
Government Code. The first review shall be conducted no later than
December 13, 2012, and every third year thereafter. Such review shall
be conducted following a public hearing regarding the need to continue
the ordinance and the city council shall have the option to continue,
abolish or modify the ordinance based upon their review of the ordinance’s
effects on the community and on the problems the ordinance is intended
to remedy.
(Ordinance adopted 12/14/09, sec.
6)
