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HomeMy WebLinkAbout94-2984107 Curfews - Minors ORDINANCE NO. 94-2984 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, CREATING ARTICLE III, CHAPTER 17, CURFEWS MINORS, OF THE PLAINVIEW CODE OF ORDINANCES; DEFINING TERMS; CREATING OFFENSES FOR MINORS; PARENTS AND GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY POLICE DEPARTMENT; PROVIDING FOR WAIVER BY THE MUNICIPAL COURT OF JURISDICTION OVER A MINOR WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $500; CUMULATIVENESS CLAUSE; SEVERABILITY CLAUSE; CONFLICTS CLAUSE; EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Plainview has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of 17 in the City of Plainview; and WHEREAS, persons under the age Of 17 are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and WHEREAS, the City of Plainview has an obligation for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and WHEREAS, a curfew for those under the age of 17 will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the City of Plainview; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: 1 of 7 - Curfew Ordinance 108 SECTION I. That Article III, Chapter 17, Curfews- Minors of the Plainview Code of Ordinances be hereby created to read as follows: ARTICLE IH. CURFEWS - MINORS Sec. 17-50. DEFFNITIONS. In this section: (a) DIRECTOR OF PUBLIC SAFETY means the PlainView Director of Public Safety or his/her designated representative. (b) CURFEW HOURS means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. on any Friday or Saturday until 6:00 a.m. of the following day. (c) 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. (d) ESTABLISHMENT 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. (e) GUARDIAN means: (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by a court. (f) HOLDING LOCATION means a place designated by the Director of Public Safety to which a minor taken into custody for a violation of this section will be delivered to await pick up by a parem or juvenile authorities. (g) MINOR means any person under 17 years of age. (h) OPERATOR means any individual, firm, association, parmership, 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. 2 of 7, Curfew Ordinance 109 (i) PARENT means a person Who is: (1) a natural parent, adoptive parent, or step-parent of another person; or (2) a court-appointed guardian of another person; or (3) at least 18 years of age and authOrized by a parent or guardian to have the care and custody of a minor. (j) 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, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, playgrounds, parks, or other places used by or open to the public. (k) REMAIN means to: (1) linger or stay; or (2) 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. (1) SERIOUS BODILY INJURY means 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. Sec. 17-51. OFFENSES. (a) A minor commits an offense if he remains in any public place or on the premises of any establishment w/thin 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. (d) An offense committed under this ordinance is a Class C misdemeanor. Sec. 17-52. DEFENSES. (a) It is a defense to prosecution under Section 17-51 that the minor was: 3 of 7 - Curfew Ordinance 110 (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 of Plainview, 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 of Plainview, 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 17-51(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. Sec. 17-53. ENFORCEMENT. 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 reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 17-52 is present. (a) A police officer upon fmding a minor in violation of Section 17-51(a) shall: 4 of 7 - Curfew Ordinance 11I (1) ascertain the name and address of the minor; (2) issue to the minor a written warning that the minor is in violation of Section 17-51(a); and (3) order the minor to go promptly home by a direct route; (b) Notwithstanding subsection (a) of this section, a police officer, upon finding a minor in violation of Section 17-51 (a), may take the minor into custody and deliver the minor to the holding location if: (1) the minor has received two previous written warnings for a violation of Section 17-51 (a); or (2) reasonable grounds exist to believe the minor has engaged in delinquent conduct or conduct indicating a need for supervision in accordance with §51.03 and §52.01 of the Texas Family Code. (c) When a minor is taken into custody under this Section, the police department shall immediately notify a parent to pick up the minor at the holding location. After a parent arrives at a holding location and provides the information required by the Director of Pubhc Safety to file an incident report, the minor shall be released into the custody of the parent. If a parent cannot be located or fails to take charge of the minor, the minor shall be released to the juvenile authorities. (d) If a minor is not taken into custody for a violation of Section 17-51(a), the police department shall, by certified mail - return receipt requested, notify a parent and include a warning that any subsequent violation may result in prosecution of the minor and the parent_under this section. If the minor was found in violation of Section 17-51(a) at an establishment, the police department shall, by certified mail - return receipt requested, notify the owner, operator, or employee of the establishment of the violation and include a warning that any subsequent violation may result in prosecution of the owner, operator, or employee under this Article. (e) A police officer shall, within 24 hours after finding a minor in violation of Section 17-51(a), file a written report on the incident or assist to the extent possible in the preparation and filing of the report by a supervisor. Sec. 17-54. PENALTIES. (a) Any minor who violates Section 17-51(a) of this Article three or more times within any 24-month period is subject to appropriate action by a juvenile court in accordance with Chapters 51 and 52 of the Texas Family Code. 5 of 7 - Curfew Ordinance 112 (b) 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 offense, upon conviction, is punishable by a fine not to exceed $500. (c) 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 17- 51(a) of this section and shall refer the minor to juvenile court. SECTION II That within six months after the initial enforcement of this ordinance, the city manager shall review this ordinance and report and make recommendations to the city council concerning the effectiveness-of and the continuing need for the ordinance. The city manager's report shall specifically include the following information: (a) the practicality of enforcing the ordinance and any problems with enforcement identified by the police department; (b) the impact of the ordinance on crime statistics; (c) the number of persons successfully prosecuted for a violation of the ordinance; and (d) the city's net cost of enforcing the ordinance. SECTION III. The provisions of this ordinance are intended to be severable. Should any phrase, clause, sentence, subsection or section hereof be found to be unconstitutional or invalid for any reason, such portion shall be severed without effect on the remainder of this ordinance. SECTION IV. Provisions of this ordinance are cumulative and nothing herein shall prevent, aRer or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter. SECTION V. All ordinances or portions of any ordinance of the City of Plainview, Texas, in conflict herewith, are hereby amended to conform with the provisions hereof. This ordinance shall become and be effective on April 1, 1994, and after publication in the Plainview Daily Herald within 10 days of its passage. 6 of 7 - Curfew Ordinance 113 PASSED AND APPROVED by the City Council of the City of Plainview, Texas, on this 8th day of February, 1994. E.V. Ridleliuber, Mayor ATTEST: K~:en McBeth APPROVED AS TO CONTENT: Direc~Sr of Public Safety APPROVED AS TO FORM: Wally H~atch, City Attorney 7 of 7 - Curfew Ordinance