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HomeMy WebLinkAbout07-3493 ord24 ORDINANCE NO. 07-3493 AN ORDINANCE CREATING CHAPTER 17, ARTICLE III, JUVENILE CURFEWS OF THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW, TEXAS DEFINING TERMS; PROVIDING CURFEW HOURS FOR JUVENILES; OFFENSES AND DEFENSES FOR JUVENILES; PENALTY FOR VIOLATION OF THE CURFEW ORDINANCE BY JUVENILES, THEIR PARENTS OR GUARDIANS, AND OWNERS, OPERATORS AND EMPLOYEES OF BUSINESS ESTABLISHMENTS OF A FINE NOT TO EXCEED $500; REPEALER; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION AND ENFORCEMENT OF SUCH ORDINANCE. WHEREAS, the City Council has determined that there has been an increase in juvenile violence, gang activity, and crime by persons under the age of seventeen (17) in the City of Plainview, Texas resulting in juveniles being involved in a wide range of unacceptable behavior including vandalism, public drinking and littering, drug use, breaking and entering, and harassment of residents; and WHEREAS, persons under the age of seventeen (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 Council has found that there has been a significant breakdown in the supervision and guidance normally provided by parents for juveniles resulting in an increase in the crimes and other unacceptable behavior; and WHEREAS, the City of Plainview, Texas has an obligation to provide for the protection of juveniles 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, the offensive activities of juveniles are not easily controlled by existing laws and ordinances; and WHEREAS, a curfew for those under the age of seventeen (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 and will promote the public good, safety and welfare; and WHEREAS, parental responsibility for the whereabouts of children is the accepted norm and legal sanctions to enforce such responsibility have had demonstrated effectiveness in many cities, the City Council has determined that a Ordinance No. 07-3493 Juvenile Curfew Page 1 of 7 25 curfew ordinance will increase parental responsibility for juveniles within their control and decrease juvenile delinquency; and WHEREAS, the passage of this Ordinance is pursuant to the City of Plainview's police power as stated in the Texas Local Government Code Ann., Section 54.004 (Vernon's 1999). NOW, THEREFORE, The City of Plainview hereby ordains that: SECTION I. The City of Plainview Code of Ordinances, Chapter 17,Article III, Juvenile Curfews is hereby created as follows: ARTICLE III. JUVENILE CURFEWS Sec. 17-41. Definitions. For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. Emergency: 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, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Establishment: Any privately owned place of business operated for a profit or any place of amusement or entertainment to which the public is invited. Juvenile: Any person under the age of seventeen (17) years of age, or, in equivalent phrasing, any person of the age of sixteen (16) years old or younger, who has not been emancipated by court order pursuant to the Texas Family Code, Chapter 31. Operator. 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: Any natural parent of a juvenile, a legal guardian, or any adult person, eighteen (18) years or older, in whose care the juvenile has been placed by the natural parent or legal guardian. Public Place: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks, streets, highways, the common Ordinance No. 07-3493 Juvenile Curfew Page 2 of 7 26 areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. Remain: To stay behind, to tarry and stay unnecessarily upon a public place, including congregating in groups totaling four (4) or more juveniles in which any minor included would not be using the public place for an ordinary or serious purpose such as passage or going home. To implement this definition with more precision and precaution, numerous exceptions will be provided hereinafter to indicate that this is not a mere prohibitory or presence type curfew ordinance. More exceptions become available to juveniles with increasing years and advancing maturity as appropriate in the interest of reasonable regulation. Serious bodily injury: 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. Time of night: The prevailing local standard of time at the date in question, whether Central Standard Time or Central Daylight Savings Time, as observed by the public. The time maintained by the Plainview Police Department shall be prima facie evidence of the time of day for continued implementation of this Article. Sec. 17-42. Juvenile Curfew. It is unlawful for a juvenile to be in a public place within the City of Plainview, Texas, to be in any motor vehicle operating or parked in a public place, or to be in or on the premises of any establishment within the City between the hours of .12:01 a.m. and 6:00 a.m. daily. Sec. 17-43. Exceptions. (a) In the following exceptional cases a juvenile in or upon any public place or in and upon an establishment shall not be deemed in violation of this Article. This section is intended as a clear general guide for juveniles, their parents, and enforcement officials. (1) When the juvenile is accompanied by his parents, legal guardian or authorized adult supervisor. (2) When a juvenile is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the rights of assembly, whether parade or demonstration, has been permitted by the City of Plainview pursuant to City of Plainview Code of Ordinances, Chapter 24, Article XIII, Parades and Processions, or other bona fide religious, social or school activities involving the rights to assemble. Ordinance No. 07-3493 Juvenile Curfew Page 3 of 7 27 (3) When engaged in performing an errand or other legitimate business at the direction of a parent, guardian or supervisory adult, including travel to and from such location by a direct route. (4) When a juvenile is accompanied by an adult authorized by a parent of that juvenile to take the parent's place in accompanying the juvenile for a designated period of time and purpose within a specified area. (5) When the juvenile is on the sidewalk at the place where such juvenile resides, or on the sidewalk of either next door neighbor, when said neighbors do not object to such presence. (6) When engaged in employment activities, or going to or returning home from an employment activity. (7) When involved in an emergency. (8) When the juvenile is in a motor vehicle involved in interstate travel; (9) When the juvenile is 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 has undertaken responsibility for the minor, or going to or returning home from such activity. (10) With respect to subsection 17-42 of this chapter, it shall be an exception that the offense occurred after the juvenile has graduated from high school, received a high school equivalency certificate, or is or had been married or emancipated by law. (11) All of the above cited exceptions to the curfew ordinance include_travel to and from such activity by a direct route, and this division is in no way to be construed as a limitation upon normal travel by a juvenile engaged in interstate movement. (b) A defense to prosecution exists under Section 17-45 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. 17-44. Parental Responsibility. It shall be unlawful for a parent knowingly to permit or by insufficient control to allow a juvenile in his or her care to be or remain in any public place or to be or remain in any establishment other than for excepted activities during the curfew hours established by this Article. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in Ordinance No. 07-3493 Juvenile Curfew Page 4 of 7 28 such parent's custody. It shall be prima facie evidence of violation of this section if a responsible parent has no knowledge of the juvenile's whereabouts during the curfew hours established by this Article. The purpose of this section is to require neglectful or careless parents to meet the community standard of parental responsibility. Sec. 17-45. Establishment Owner's Responsibility. It shall be unlawful for the owner or operator of a business establishment to allow a juvenile to remain upon such business premises during the curfew hours established in this Article beyond the time necessary to conduct an excepted activity. It shall be no defense to this section that a juvenile made a purchase, if the juvenile did not immediately make such purchase upon arrival and depart immediately thereafter. It shall be a defense to prosecution under this section that the owner or operator of such business establishment has promptly notified the Plainview Police Department that juveniles present on the premises after hours have refused to depart. Sec. 17-46. Enforcement. (a) 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 17-43 exists. (b) It shall be unlawful for any person (including any minor) to give a false name, address, date of birth, or telephone number to any officer investigating a possible violation of this section. Sec. 17-47. Penalties. (a) 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 five hundred dollars ($500.00). (b) When required by the Texas Family Code Ann., Section 51.08, as amended, the Municipal Court shall waive original jurisdiction over a juvenile who violates Section 17-42 and shall refer the minor to juvenile court. Sec. 17-48. Continuing Evaluation. This ordinance shall be reviewed every third year prior to January 31 of such year as required by the Texas Local Government Code Ann., Section 370.002. The first review shall be conducted no later than January 31, 2010, and every third year thereafter. Such review shall be conducted following a public hearing upon the need to continue the Article, and the City Council shall have the option to continue, abolish, or Ordinance No. 07-3493 Juvenile Curfew Page 5 of 7 29 modify the division based upon their review of the Article's effects on the community and on the problems the Article is intended to remedy. SECTION II. All ordinances and parts of ordinances inconsistent with the provisions of this Ordinance are repealed. SECTION III. Severability is intended throughout and within this Article. If any provision, including any section, paragraph, sentence, clause, phrase or word or the application thereof to any person or circumstance is held invalid, the application to other persons or under other circumstances shall not be affected thereby and the validity of this Article in any and all other respects shall not be affected thereby. It is intended that this Article be held inapplicable in any case if such exists, where its application would be unconstitutional. A constitutional construction hereof is intended and shall be given. There is no intent herein to violate either of the Texas Constitution or the Constitution of the United States. SECTION IV. Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating, or governing the subject matter herein. 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. SECTION VI. This ordinance shall be in full force and effect upon its passage and publication as required by law. PASSED AND APPROVED on first reading this 11th day of December, 2007. PASSED AND APPROVED on second reading this~th day of December, 2007. JOHN C. ANDERSON, MAYOR A ST: Belinda Hinojosa, City Secreta Ordinance No. 07-3493 Juvenile Curfew Page 6 of 7 30 APPROVED AS TO CONTENT: ~/~ , William Mull, Ch' of olice APPROVED AS TO FORM: ILesl pear Pear e, City Attorney Ordinance No. 07-3493 Juvenile Curfew Page 7 of 7