A juvenile commits an offense if the juvenile remains in any public place or on the premises of any establishment within the city during curfew hours.
A parent or guardian of a juvenile commits an offense if such person knowingly permits, or by insufficient control allows, the juvenile to purposefully remain, walk, run, stand, drive, or ride about, in or upon any public place or on the premises of any establishment within the city during curfew hours.
The owner, operator, or any employee of any establishment with the city commits an offense if such person knowingly allows a juvenile to remain upon the premises of the establishment during curfew hours.
(Ordinance 07-09-50, sec. 3, adopted 9/18/07; Ordinance 13-09-50 adopted 9/3/13)
Curfew hours. 12:01 a.m. until 6:00 a.m. daily.
Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term shall include but not limited to fire, natural disaster, and any automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
Establishment. 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.
Guardian. Any person to whom custody of a juvenile has been given by a court order.
Juvenile. Any person under seventeen (17) years of age and at least ten (10) years of age.
Operator. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of any association or partnership and the officers of the corporation.
Parent. A person who is the natural or adoptive parent of a person, to include a court appointed guardian or other person eighteen (18) years or older, authorized by the parent, by a court order, or by the court, or by the court appointed guardian to have the care and custody of a person.
Public place. 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.
Remain. To linger, stay, walk, run, stand, drive or ride; 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.
(Ordinance 07-09-50, sec. 2,
adopted 9/18/07; Ordinance 13-09-50 adopted 9/3/13)
Defenses to prosecution
It is a defense to prosecution under section 54-133(a) that the juvenile was:
(1) Accompanied by the juvenile’s parent or guardian;
(2) On an errand at the direction of the juvenile’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 juvenile’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the juvenile’s 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 juvenile, or going to or returning home from, without 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 juvenile;
(8) Exercising First Amendment rights protected by the United States Constitution; or
(9) Married or had been married or had disabilities of minority removed in accordance with Texas Family Code chapter 31, as amended.
It is a defense to prosecution under section 54-133(c) that the owner, operator, or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.
(Ordinance 07-09-50, sec. 4, adopted 9/18/07; Ordinance 13-09-50 adopted 9/3/13)