ARTICLE VIII CURFEW

10:30 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and

12:01 a.m. until 6:00 a.m. of any Saturday or Sunday.

Direct route

means the shortest path to travel through a public place to reach a final destination without any detour or stop along the way.

Emergency

means 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.

Establishment

means any privately-owned place of business operated for a profit to which the public is invited in the city, including but not limited to any place of amusement or entertainment.

Guardian

means:

A person who, under court order, is the guardian of the person of a minor; or

A public or private agency with whom a minor has been placed by a court.

Minor

means any person under 17 years of age.

Motor vehicle

means every mechanical device in, upon or by which any person or property is to be transported or drawn upon a public highway, which includes but is not limited to motorcycles, cars, pickup trucks, tractors, semi-trailers, trailers, vans, motor scooters, mopeds, truck tractors and motorized bicycles.

Operator

means 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.

Parent

means a person who is:

As a natural parent, adoptive parent or step-parent;

As a legal guardian:

(3)

At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor;

Public place

means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, alleys, highways, sidewalks, playgrounds, parks, plazas, the common areas of schools, hospitals, apartment houses, office buildings and transport facilities, or other places used by or open to the public, and shall include any place to which the general public has access and a right to enter for business, entertainment or other lawful purpose. A PUBLIC PLACE shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.

Remain

means to:

Linger or stay; or

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.

Serious bodily injury

means bodily injury that creates a substantial risk of death or that causes death, permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.

(Ordinance 15-38, § 1, adopted 10/7/2015; Ordinance 2019-08, adopted 4/3/2019; Ordinance 2023-06, § 1, adopted 3/2/2023)

§ 34-182 Offenses.

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.

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 15-38, § 1, adopted 10/7/2015; Ordinance 2019-08, adopted 4/3/2019; Ordinance 2023-06, § 1, adopted 3/2/2023)

§ 34-183 Defenses.

It is a defense to prosecution under section 34-182 that the minor was:

Accompanied by the minor's parent or guardian;

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)

In a motor vehicle involved in transportation for which passage through the curfew area was the most direct route;

(5)

Engaged in an employment activity, including or going to or returning home from an employment activity, without any detour or stop;

(6)

Involved in an emergency;

(7)

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;

(8)

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;

(9)

Exercising his or her 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

(10)

Married or had been married or had disabilities of minority removed in accordance with V.T.C.A., Family Code Ch. 31, as amended.

It is a defense to prosecution under section 34-18(c) 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 15-38, § 1, adopted 10/7/2015; Ordinance 2019-08, adopted 4/3/2019; Ordinance 2023-06, § 1, adopted 3/2/2023)

§ 34-184 Enforcement procedure.

Before taking any enforcement action under this section, 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 section unless the officer with probable cause believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 34-183 is present.

A police officer shall not issue a citation to or arrest a parent or guardian of a minor for a violation of section 34-182(b), relating to the curfew hours defined in section 34-181, unless the parent or guardian has, within the same calendar year, received at least two prior written warnings from a police officer for a violation of section 34-182(b) relating to curfew hours defined in section 34-181. In calculating the number of written warnings received by a parent or guardian in a calendar year, all warnings issued to the parent or guardian will be counted, regardless of whether the warnings relate to the same minor.

(c)

A police officer shall not issue a citation to or arrest an owner, operator or employee of an establishment for a violation of section 34-182(c), relating to the curfew hours defined in section 34-181, unless the establishment has, within the same calendar year, received at least two prior written warnings from a police officer for a violation of section 34-182(c) relating to curfew hours defined in section 34-181. In calculating the number of written warnings received by an owner, operator or employee in a calendar year, all warnings issued to any owner, operator or employee of an establishment shall be counted, regardless of whether the warnings relate to the same minor.

(d)

Any police officer, upon finding a minor in violation of section 34-182, who has twice previously been convicted of section 34-182, shall transfer under Conduct Indicating a Need for Supervision (V.T.C.A., Family Code § 51.03), the case to proper authorities for handling under the provisions of V.T.C.A., Family Code Ch. 51, as amended. In addition, a complaint will be filed against the parents in municipal court for violation of section 34-182(b). The police department shall file all necessary legal papers, supply all necessary documentation and provide necessary testimony as required for pursuing a violation of this section by either the minor or by any parent or guardian.

(Ordinance 15-38, § 1, adopted 10/7/2015; Ordinance 2019-08, adopted 4/3/2019; Ordinance 2023-06, § 1, adopted 3/2/2023)

§ 34-185 Referral.

Any minor who shall violate any of the provisions of this curfew subchapter more than three times may be referred by the juvenile officer to the county juvenile probation department for processing as a child having engaged in conduct indicating a need for supervision. In making any such referral, the juvenile officer shall follow the appropriate police department juvenile procedures.

(Ordinance 15-38, § 1, adopted 10/7/2015; Ordinance 2019-08, adopted 4/3/2019; Ordinance 2023-06, § 1, adopted 3/2/2023)

§ 34-186 Penalty.

Any person who violates any provision of this chapter for which no other penalty has been provided shall be punished as established in section 1-7.

Any person who violates any provision of section 34-183 shall, upon conviction, be punished by a fine not to exceed $500.00.

(c)

Curfew penalties.

Any minor violating any of the provisions of section 34-182 shall be guilty of a Class "C" misdemeanor, as defined in V.T.C.A., Penal Code § 12.23, and shall be dealt with in accordance with the provisions of V.T.C.A., Family Code Tit. 3, as amended.