The following words, terms, and phrases when used in this article
shall have the meanings ascribed to them in this section, unless the
context of their usage clearly indicates another meaning:
means:
9:00 p.m. on any day of the week for juveniles 12 years old
and younger; and
10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday until
6:00 a.m. of the following day for juveniles 13 years old to 16 years
old; and
12:01 a.m. until 6:00 a.m. on any Friday or Saturday for juveniles
13 years old to 16 years old.
means the shortest path of travel through a public place
to reach a final destination without any detour or stop along the
way.
means an unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term "emergency" 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, loss of life, or damage to property.
means 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.
means the person who, under a court order, is the guardian
of the person of a minor or the public or private agency with whom
a minor has been placed by a court.
means transportation between states of the United States
or between a state of the United States and a foreign country, to
which travel through the city is merely incidental.
means transportation between locations within the state,
to which any travel through the city is merely incidental.
means any person under 16 years of age.
means any person under 18 years of age or as herein otherwise
specifically indicated.
means the natural or adoptive mother or father of a minor,
or a responsible adult selected by the parent or legal guardian to
supervise the child.
means 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, apartments, houses, office
buildings, transport facilities, bars, game rooms, shops, or any other
place for the sale of merchandise.
(Ordinance 94-283-6, § 1,
adopted 5/24/1994; Ordinance
08-531-10, § 2, adopted 4/3/2008)
(a)
It shall
be unlawful for any juvenile to knowingly remain, walk, run, stand,
drive or ride about, in or upon any public place in the city or on
the premises of any establishment within the city during curfew hours.
(b)
It shall
be unlawful for a parent or guardian to knowingly permit or by insufficient
control allow a juvenile to remain in any public place or on the premises
of any establishment within the city during curfew hours. As used
in this section, the term "knowingly" includes knowledge that a parent
or guardian should reasonably be expected to have concerning the whereabouts
of a juvenile. It shall be prima facie evidence of a violation of
this section if a parent or guardian has no knowledge of a juvenile's
whereabouts during the hours of curfew established herein.
(Ordinance 94-283-6, § 2,
adopted 5/24/1994; Ordinance
08-531-10, § 3, adopted 4/3/2008)
(a)
No minor
between the ages of six and 16 years, inclusive, other than a minor
that has been suspended or expelled from school, shall be at any place
within the city except in attendance at school between the hours of
9:00 a.m. and 2:30 p.m. during any school day, unless the minor has
written proof from school authorities excusing him from attending
school at that particular time, or unless the minor is accompanied
by a parent or legal guardian, or a responsible adult selected by
the parent or legal guardian to supervise the minor.
(b)
Each parent or legal guardian of a minor between the ages of six and 16 years, inclusive, shall have a duty to prohibit the minor from behaving contrary to subsection (a) of this section. No person shall fail to fulfill the duty imposed by this section.
(Ordinance 94-283-6, § 3,
adopted 5/24/1994)
(a)
If a
minor between the ages of six and 16 years, inclusive, is suspended
or expelled from school, then each parent or legal guardian of the
minor shall have the following duties for the duration of the suspension
or expulsion:
(1)
The
duty to personally supervise the minor, or to arrange for a responsible
adult to supervise the minor, at the time that the minor would have
been required to be in attendance at school had he not been suspended
or expelled;
(2)
The
duty to prohibit the minor from being at any public place at the times
that the minor would have been required to be in attendance at school
had he not been suspended or expelled, except in the following circumstances:
a.
When
the minor is accompanied by the parent or legal guardian, or a responsible
adult selected by the parent or legal guardian to supervise the minor;
or
b.
When
the minor is on an emergency errand; or
c.
The
minor is married or had been married or had disabilities of minority
removed in accordance with V.T.C.A., Family Code ch. 31; or
d.
When
the minor is employed pursuant to approval of school authorities,
during the times that the minor is actually on the job or traveling
directly to or from the job site; and
(3)
No
person shall negligently fail to fulfill the duties imposed by this
section.
(b)
No minor between the ages of six and 16 years, inclusive, that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to subsection (a)(1) of this section.
(c)
No minor between the ages of six and 16 years, inclusive, that has been suspended or expelled from school shall be in any public place at the times that he would have been required to be in attendance at school had he not been suspended or expelled, except in the circumstances described in subsection (a)(2)a, b, c, or d of this section.
(Ordinance 94-283-6, § 4,
adopted 5/24/1994)
(a)
It is a defense to prosecution under section 30-20 that the juvenile is:
(1)
Accompanied
by the juvenile's parent, guardian or responsible adult;
(2)
On
an errand at the direction of the juvenile's parent or guardian, without
making any unnecessary detour or stop;
(3)
In
a motor vehicle involved in intrastate or interstate travel;
(4)
Engaged
in a lawful employment activity or going to or returning home by a
direct route from a lawful employment activity, without any detour
or stop;
(5)
Involved
in an emergency or on an errand made necessary by an emergency;
(6)
On
the sidewalk abutting the juvenile's residence;
(7)
Attending
a school, religious, or government-sponsored activity supervised by
adults or was traveling by direct route to or from a school, religious,
or government-sponsored activity supervised by adults, without any
detour or stop;
(8)
Engaging in, participating, or traveling to or from any event, function, or activity for which section 30-20 would contravene the juvenile's rights protected under the United States or Texas Constitutions; or
(9)
Married
or had been married or had disabilities of minority removed in accordance
with the Texas Family Code.
(Ordinance 94-283-6, § 5,
adopted 5/24/1994; Ordinance
08-531-10, § 4, adopted 4/3/2008)
The provisions of this article are supplemental and shall be
cumulative with all other laws and ordinances applicable in any manner
to juveniles.
(Ordinance 94-283-6, § 6,
adopted 5/24/1994; Ordinance
08-531-10, § 5, adopted 4/3/2008)
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 violation of
this article is a Class C misdemeanor which may be assessed a fine
in accordance with the Texas Penal Code.
(Ordinance 08-531-10, § 6,
adopted 4/3/2008)
