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ORDINANCE NO. 16-3632
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW
CONTINUING CHAPTER 8, ARTICLE 8.05, JUVENILE CURFEW 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 curfew ordinance will
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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 2008).
NOW, THEREFORE, The City of Plainview hereby ordains that:
SECTION I
The City of Plainview Code of Ordinances, Chapter 8, Article 8.05, Juvenile
Curfew is hereby modified as follows:
ARTICLE 8.05 JUVENILE CURFEW
Sec. 8.05.001. 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 areas
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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 police department shall be prima facie evidence of the time of day
for continued implementation of this Article.
Sec. 8.05.002. Established.
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. 8.05.003. 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 12, Article 12.15 Parades and Processions, or other bona
fide religious, social or school activities involving the rights to assemble.
(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.
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(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 section 8.05.002 of this Article, 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 section 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 8.05.005 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. 8.05.004. 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 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
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Article. The purpose of this section is to require neglectful or careless parents to meet
the community standard of parental responsibility.
Sec. 8.05.005. 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. 8.05.006. Enforcement.
(a) Before taking any enforcement action under this article, 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 article unless the officer reasonably believes
that an offense has occurred and that, based on any response and other circumstances,
no defense in Section 8.05.003 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 Article.
Sec. 8.05.007. 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
8.05.002 and shall refer the minor to juvenile court.
Sec. 8.05.008. Continuing evaluation.
This article shall be reviewed every third year prior to March 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 March 31, 2010, and every third year thereafter. Such review
shall be conducted following a public hearing upon the need to continue this Article, and
the City Council shall have the option to continue, abolish, or modify the division based
upon their review of the article's effects on the community and on the problems this article
is intended to remedy.
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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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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PASSED and APPROVED on first reading this 8th day of March, 2016.
PASSED and APPROVED on second reading this 22nd day of March, 2016.
WEND LL DUNLAP, MA
ATTEST:
Belinda Hinojosa, City retary
APPROVED AS TO CONTENT:
'ef
Ken Coughlin C of
Police
APPROVED AS TO FORM
Leslie Spe. S midt, Ci y Attorney
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