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HomeMy WebLinkAboutOrd 0973-2022 Establishing a New Curfew for MinorsCITY OF AN NA, TEXAS ORDINANCE NO. q-7 ?J - 30ag-, AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ESTABLISHING A NEW CURFEW FOR MINORS; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR WAVIER BY THE MUNICIPAL COURT OF JURISDICTION OVER A MINOR WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING FOR REVIEW OF THIS ORDINANCE WITHIN THREE YEARS AFTER THE DATE OF INITIAL ENFORCEMENT; PROVIDING A PENALTY NOT TO EXCEED $500; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, there is a substantial amount of juvenile violence, vandalism, illegal drug activity, and other crime committed within the City of Anna ("City") by persons under the age of 18 ("minors"); and WHEREAS, minors are particularly susceptible, by their lack of maturity and experience, to participate in unlawful activities and to be the victims of older perpetrators of crime; and WHEREAS, the parents and legal guardians of both minor residents and minor visitors to the City may not be able to maintain continuous supervision of said minors, particularly during nighttime hours, which provides opportunities for minors to become the perpetrators or victims of crime within the City; and WHEREAS, the City has authority to provide for the protection of minors from each other and from other persons, and to assist with enforcement of parental control over and responsibility for minors, in order to provide for the protection of the general public and to reduce the incidence of both juvenile criminal activities and crimes against children; and WHEREAS, the Anna Police Department reports that the creation and enforcement of the juvenile curfew has had a positive effect on its ability to respond to issues of juvenile violence, vandalism, illegal drug activity, and other crime committed by minors in the City, as compared to the absence of such a curfew; WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens, and in the interest of the public health, safety, and general welfare, to adopt a curfew for minors within the City and regulations in support of same, to be made part of the City of Anna Code of Ordinances ("Anna Code"), and to create criminal offenses and penalties for the purpose of achieving the objectives of said curfew; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as the findings of the City Council as if set forth in full. Section 2. Ordinance adopted. 2.01 Replacement Provisions for Chapter 8, Article 8.02, Division 2, Sections 8.02.031 through 8.02.038. This ordinance amends Chapter 8, Article 8.02, Division 2 of the Anna Code, to amend the City's curfew regulations as shown below, with added text depicted in underline format (example) and deleted text depicted in strikethrough format ( )- Article 8.02 MINORS Division 2. Curfew Sec. 8.02.037 Review (c) This division has been reauthorized and continued in full force and effect by the City Council in accordance with this section. Section 3. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, and phrase be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this day of 2022. -4 ATTESTED: APPROVED: 0 0A �\ � ,oa•••do CitySecrets Carrie Land°•° • a " r Nate Pike Secretary, �► • ya , �+. O 4 r r s • T E)( O � V Division 2. Curfew- Sec.8.02.031 Findings The city council finds that: (1) There has been an increase in juvenile violence, vandalism, illegal drug activity, and other crime by persons under the age of 18 in the city; (2) Persons under the age of 18 are particularly susceptible, by their lack of maturity and experience, to participate in unlawful activities and to be victims of older perpetrators of crime; (3) The city has authority to provide 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 (4) A curfew for those under the age of 18 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. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. 11, art. 29, sec. 2.01; Ordinance 811-2019 adopted 419119) Sec.8.02.032 Definitions The following words and phrases, when used in this division, shall have the meaning ascribed to them by this section. All terminology used in this division, and not specifically defined herein, shall retain its meaning in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body, or if not defined therein the latest volume of Merriam Webster's Collegiate Dictionary. Adult means an individual over 18 years of age. 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; (2) 12:01 a.m. until 6:00 a.m. on any Saturday (immediately following midnight on Friday) or Sunday (immediately following midnight on Saturday); and (3) During the regular academic calendar of the Anna Independent School District, between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday, or Friday if public schools in the area are in session. 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, natural disaster, or automobile accident, serious medical condition of sudden onset, or any situation where immediate action is needed 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, including but not limited to any place of amusement or entertainment. Guardian means: (1) A person who, under court order or by operation of law, is the legal guardian of a minor; (2) A public or private agency with whom a minor has been placed by a court or the parent(s) of a minor; or (3) A person at least 21 years of age who has been lawfully granted temporary custody of a minor or charged with supervisory responsibility for a minor by a parent. Interstate transportation means transportation between states of the United States or between a state of the United States and a foreign country, to which any travel through the city is merely incidental. Intrastate transportation means transportation between locations within the State of Texas, to which any travel through the city is merely incidental. Minor means any person under 18 years of age. 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: (1) A natural parent, adoptive parent, or step-parent of a minor; or (2) An adult who has been given custody of a minor by the State of Texas or a qualified foster care agency. 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, establishments, streets, highways, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, restaurants, theaters, game rooms, shops and shopping centers. 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. Serious bodily injury means an injury to the human body 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. Unaccompanied minor means a minor who is not within the immediate supervision of that minor's parent or guardian. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. ll, art. 29, sec. 2.02; Ordinance 811-2019 adopted 4/9/19) Sec.8.02.033 Offenses (a) An unaccompanied minor commits an offense if he or she is present within, or remains in, any public place or on the premises of any establishment within the city during curfew hours, or if he or she is the operator or passenger of a motor vehicle within the territorial limits of the city. No culpable mental state need be pled or proven to support a prosecution for the offense created under this subsection, nor shall it be necessary to plead or prove that the minor had actual knowledge of the curfew hours. (b) A parent or guardian of a minor commits an offense by knowingly permitting, or by willfully failing to exercise sufficient control so as to allow, an unaccompanied 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 by knowingly allowing an unaccompanied minor to remain upon the premises of the establishment during curfew hours. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.03; Ordinance 811-2019 adopted 4/9/19) Sec.8.02.034 Defenses (a) It is an affirmative defense to prosecution under section 8.02.033 of this division that the unaccompanied minor was: (1) Legally emancipated, or married/formerly married and had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code; (2) On an emergency errand or an errand at the direction of the minor's parent or guardian, without any detour or stop; (3) Within or waiting for an aircraft or motor vehicle involved in interstate travel or intrastate travel with the informed consent of the minor's parent or guardian; (4) Engaged in lawful employment activity or a labor organization meeting, or going to or returning home from an employment activity or labor organization meeting 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 or activity; (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 minor and has valid consent of a parent or guardian for the minor, or going to or returning home from such an activity without any detour or stop; (8) The minor was engaged in, participating, in, or traveling to or from any event, function, or activity for which the application of section 8.02.033 of this code would contravene his or her rights protected by the Texas or United States Constitution; (9) Not subject to compulsory school attendance under Texas Education Code section 25.086 (as amended) and engaged in only lawful activities, with consent of an unemancipated minor's parent or guardian, during the time the minor was in violation of curfew hours set by section 8.02.032. (b) It is a defense to prosecution under section 8.02.033(c) of this division that the owner, operator, or employee of an establishment promptly notified the city police department or emergency dispatch serving the city that an unaccompanied minor was present on the premises of the establishment during curfew hours and refused to leave when asked to do so. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.04; Ordinance 811-2019 adopted 4/9/19) Sec.8.02.035 Enforcement Notwithstanding the penal effect of this division the chief of police is encouraged to develop alternative enforcement strategies, which may include but need not be limited to the return of minors to their residences or schools, counseling with minors and their parents or guardians, the issuance of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall conform to the requirements of Texas Code of Criminal Procedure art. 45.059 and be promulgated in writing to members of the police department so that this division may be enforced in a uniform manner. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. ll, art. 29, sec. 2.05; Ordinance 811-2019 adopted 4/9/19) Sec.8.02.036 Penalty (a) A person who violates a provision of this division 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 is a class C misdemeanor, and upon conviction, is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code, unless otherwise specifically set forth in this code. (b) 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 this division and shall refer the minor to juvenile court. (c) In assessing punishment, the municipal court judge may consider a community service or teen court program. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.06; Ordinance 811-2019 adopted 4/9/19; Ordinance adopting 2019 Code) Sec.8.02.037 Review (a) In accordance with Local Government Code section 370.002 (as amended), before the third anniversary of the date of adoption of this division, and every third year thereafter, the city council shall: (1) Review this division's effects on the community and on problems this division was intended to remedy; (2) Conduct public hearings on the need to continue this division; and (3) Abolish, continue, or modify this division. (b) Failure to act in accordance with subsections (a)(1) through (3) of this section shall cause the ordinance establishing a curfew for minors to expire. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.07; Ordinance 811-2019 adopted 4/9/19) Sec. 8.02.038 Supplemental effect The provisions of this division are supplemental to, and shall be cumulative with, all other laws and ordinances applicable in any manner to minors. (Ordinance 811-2019 adopted 4/9/19)