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HomeMy WebLinkAboutOrd 208-2005 Curfew for Minors.pdfClTY OF ANNA, TEXAS ORDINANCE NO. 208-2005 AN ORDINANCE REPEALING ORDER NO. 96-10 AND 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 WAIVER 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 SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF ANNA, TEXAS: Section 1. Findings. (a) The City Council of the City of Anna, Texas finds that: (1) there has been an increase in juvenile violence, vandalism, illegal drug activity, and other crime by persons under the age of 17 in the City of Anna ("the City"); (2) persons under the age of 17 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 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 criminal activities; and (4) 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. Section 2. Definitions . . In this Ordinance: ORD 208-2005 Curfew.doc Page 1 of 6 (a) "Curfew hours" means: (1) 11:OO p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (2) 12:Ol a.m. until 6:00 a.m. on any Saturday (immediately following midnight on Friday) or Sunday (immediately following midnight on Saturday). (3) Notwithstanding (I) and (2), above, curfew hours shall be from 12:Ol a.m. until 6:00 a.m. every day from the first day of the school summer break to the last day of the same summer break, according to the Anna ISD school calendar. (b) "Emergency1' 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, 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 the public is invited, including but not limited to any place of amusement or entertainment. (d) "Guardian" means: (1) a person who, under court order, is the guardian of a minor; or (2) a public or private agency with whom a minor has been placed by a court. (e) "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. ( f 1 "Intrastate transportation means transportation between locations within the state, to which any travel through the City is merely incidental. (g) "Minor" means any person under 17 years of age. (h) "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. 0) "Parent" means a person who is: (1) a natural parent, adoptive parent, orstep-parent of another person; or ORD 208-2005 Curfew.doc Page 2 of 6 (2) 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, and shops. (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. (I) "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. Section 3. Offenses. (a) A minor commits an offense if he remains in any public place or on the premises of any establishment within the City during curfew hours. (b) A parent or guardian of a minor commits an offense by knowingly permitting, or by insufficient control, allowing, 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 by knowingly allowing a minor to remain upon the premises of the establishment during curfew hours. Section 4. Defenses. (a) It is a defense to prosecution under Section 3 that the minor was: (1) accompanied by the minor's parent or guardian or an adult 21 years of age or older approved by the parent or guardian; (2) on an emergency errand or 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; ORD 208-2005 Curfew.doc Page 3 of 6 (4) engaged in a lawful employment activity or 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; (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, 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, 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; (9) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; or (10) in an aircraft or motor vehicle involved in intrastate or interstate transportation, or was awaiting transportation by such means; (b) It is a defense to prosecution under Section 3(c) that the owner, operator, or employee of an establishment promptly notified the City of Anna Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Section 5. Enforcement. (a) Before taking any enforcement action against a minor under this Ordinance, 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 Ordinance unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 4 is present. (b) Upon finding that a minor is in violation of Section 3, an officer may: ORD 208-2005 Curfew.doc Page 4 of 6 (1 ) order the minor to go directly and promptly to his home, after issuing either a written warning or a citation; or (2) release the minor to a parent, legal guardian or other responsible adult under circumstances deemed appropriate by the officer, after issuing a written warning or a citation. (c) When a minor is released to a parent, legal guardian or other responsible adult, the adult shall be informed of the specific violation, the nature and purpose of the law, and the consequences of future violations. The peace officer has the discretion to issue either a written warning or a citation to the minor's parent, legal guardian, or a responsible adult into whose care the minor was placed. Section 6. Penalties. (a) A person who violates a provision of this Ordinance 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 not to exceed $500. (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 Ordinance and shall refer the minor to juvenile court. (c) In assessing punishment, the municipal court judge may consider a community service or a teen court program. Section 7. Review. (a) In accordance with Local Government Code 9370.002 as amended, before the third anniversary of the date of adoption of this Ordinance and every third year thereafter, the City Council shall: (1) review this Ordinance or order's effects on the community and on problems this Ordinance was intended to remedy; (2) conduct public hearings on the need to continue this Ordinance; and (3) abolish, continue, or modify this Ordinance. (b) Failure to act in accordance with Subsections (a)(l)-(3) shall cause the Ordinance or order to expire. ORD 208-2005 Curfew.doc Page 5 of 6 Section 8. Repealing Clause. City of Anna Order 96-1 0 is hereby repealed. All ordinances and parts of ordinances in conflict with this Ordinance are hereby expressly repealed in so far as the same are in conflict with this Ordinance. Section 9. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 10. Publication. The City Secretary is hereby authorized and directed to publish the caption of this Ordinance in the manner and for the length of time prescribed by law. PASSED by the following vote of the City Council of the City of Anna on this the &qs day of mfi37 ,2005. AYES NAYS 4 2 ABSTENTIONS (7 APPROVED: ATTEST: >/!-,&/)(L / L- CITY SECRETARY ORD 208-2005 Curfew.doc Page 6 of 6