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HomeMy WebLinkAboutOrd 1996-10 Curfew.pdfW STATE OF TEXAS CITY OF ANNA ORDER NO. 9 6 — 10 AN ORDER ESTABLISHING A CURFEW FOR MINORS WITHIN THE INCORPORATED AREA OF THE CITY OF ANNA; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING A PENALTY; REPEALING ALL ORDERS IN CONFLICT HEREWITH; PROVIDING FOR REVIEW OF THIS ORDER WITHIN SIX MONTHS AFTER THE DATE OF INITIAL ENFORCEMENT; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council has determined that there are incidences of juvenile violence, juvenile gang activity, drug abuse and crime by persona under the age of seventeen (1 7) in the City of Anna; and Whereas, persons under the age of seventeen (1 7) are particularly susceptible by their lack ofmaturity and experience to participate in unlawtbl drug and gang -related activities and to by victims of older perpetrators ofcuime; and Whereas, the City has an obligation 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 ctin final activities; 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; and Whereas, the City is authorized by Section 391.503 of the Texas Local Government Code, as emended, to establish a juvenile curfew for the corporate areas of the City; NOW, THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF ANNA, TEXAS: SECTION 1. That this order is adopted in accordance with section 391.503 of the Texas Local Government Code, as amended, and shall be referred to as the JUVENILE CURFEW ORDER FOR MINORS. SECTION 2. DEFINITIONS SECTION 2.1 For the purposes ofthis order, when not inconsistent with the context, words, used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural, and the use of any gander shall be applicable to all ganders whenever die sense requires. Words not defined in this section 2 shall be given their common and ordinary meaning. F-1 2.2 For the purposes of this order, the following works, terms, phrases and their derivations shall have the meaning given in this Section 2.2 (a) CURFEW HOURS means: (1) the period beginning 12;01 a.m. and extending until 6:00 a.m., Sunday through Saturday; and (2) during school hours for such period that schools within the City are in session, excluding any holidays, Saturdays, or Sundays, (b) EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The tern includes, but is not limited to, a tire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life, (c) ESTABLISHMENT means any privately -owned place of business operated for a profit to which to public is invited, including by not limited to any place of amusement or entertainment. (d) 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. (a) MINOR means any person under seventeen (17) years of age. 40 (i) 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. (g) PARENT means a person who is: (1) a natural parent, adoptive parent, or step-parent of another person; or (2) at least eighteen (18) years of age and authorized by a parent or guardian to have the caro and custody of a minor. (h) PUBLIC PLACE means any piece 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 area of schools during periods outside of regular school hours, hospitals, apartment houses, office buildings, transport facilities, and shops. (i) 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 promises. (j) SERIOUS BODILY INJURY means bodily injury that oreates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss of impairment of the function of any bodily member or organ. SECTION 3. Offenses. 3.1 A minor commits an offense if he remains in any public place or on the premises of any establishment within the unincorporated areas of the county during curfew hours. 3.2 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 unincorporated areas of the country during curfew hours. 3.3 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 dining curfew hours. SECTION 4. Defenses 4.1 It is a defense to prosecution under Section 5 that the minor was: (A) accompanied by the minors parent or guardian; (B) or an errand at the direction of the minor's parent or guardian, without any detow or stop; (C) in a motor vehicle involved in interstate travel; (D) engaged in wr employment, activity, or going to or retmrting home fiorn an ernployrnent fm activity, without any detour or stop; (E) involved in an emergency; (F) on the sidewalk abutting the minors residence or abutting the residence of a next door neighbor if the neighbor did not complain to a low enforcement agency about the minor's presence; (Ci) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the County, a city, 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 supurvised by adults and sponsored by the County, a city, a civic organization, or another similar entity that takes responsibility for the minor; (H) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, or the right of assembly; or (1) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of due Texas Family Code. 4.2 It is a defense to proseouttion under Section 3 that the owner, operator, or employee of an establishment promptly notified a law enforcement agency that a minor was present on the premises of the establishment during curfew hours and relbsed to leave. 0 • Section S. Enforcement Before taking any enforcement action under this section, the peace otiioer shall ask the apparent offenders 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 S is present. In addition, the peace officer shall comply with other applicable procedures prescribed by Section 52.028 of the Turas Family Code, Section 6. PenaltleS 6.1 A person who violates a provision of this Order is guilty of a Class C misdemeanor. Each day or part of a day during which the violation is committed, continued, or permitted constitutes a separate offense. Section 7. That all Orders in conflict herewith, either in whole or in part, are repealed and replaced by this Order only to the extent of such conflict. Section S. That before the third anniversary of the date of the adoption of this Ohder, and every third year thereafter, the City Council of the City of Anna shall: (A) Review the effects of the Order on the cone m ity mrd on problems the Order was intended to remedy; (B) Conduct public hearings on the need to continue the Order: and (C) Abolish, continue, or modify the Order. The failure of the City Council of the City of Anna to act in accordance with this Section 8 shall cause this Order to expire without Mier action by the City Council of the City of Aima. Section 9. That as requested by the Cary Council of the City of Anne, the County Sheriff or his designate shall review this Order and report and make recommendations to the City Council of the City of Anna concerting the effeotiveness of and the continuing need of the Order. The Sheriffs report Shall Specifically include the following information: (A) the praotioality of enforcing the Order and any problems with enforcement identified by the Sheriff's Department; (B) the impact of the Order on crime statistics; (C) the number of persons aucucssfully prosccutud for a violation of the Order; and (D) the City's net cost of enforcing the Order. •