HomeMy WebLinkAboutOrd 811-2019 Minors CurfewCITY OF ANNA, TEXAS
ORDINANCE No.1/a-JO/{J
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 increase in the 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 there has been an increase in
juvenile violence, vandalism, illegal drug activity, and other crime committed by
minors in the City; and
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 Part 11, Article 29, Sections 2.01 through 2.07
This ordinance amends Part II, Article 29, Section 2 of the Anna Code, to add the
provisions below and replace prior versions of the City's curfew regulations, to become and
be made part of the Anna Code , and to be designated as new Sections 2.01 through 2.08
as set forth below:
Section 2. Curfew for Minors
2.01 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 18 in the City of
Anna ("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.
2.02 Definitions
The following words and phrases, when used in this section, shall have the
meaning ascribed to them by this section. All terminology used in this section
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 mean:
(a) 11 :00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
until 6:00 a.m. of the following day; and
(b) 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
(c) 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, a natural disaster, or au tomobile 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 publ ic is invited , including but not limited to any place of
amusement or entertainment.
Guardian means:
@l A person who, under court order or by operation of law, is the legal
guardian of a Minor; or
{Q} A public or private agency with whom a Minor has been placed by a court
or the Parent(s) of a Minor; or
.(g). 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 individua l, 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:
@l A natural parent, adoptive parent, or step-parent of a Minor; or
.(Ql Adult who has been given custody of a Minor by the State of Texas or
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:
(a) Linger or stay; or
(b) 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.
2 .03 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 plead 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.
2.04 Defenses
(a) It is an affirmative defense to prosecution under section 2.03 of this
ordinance 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 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
2.03 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§ 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 2.02(c).
(b) It is a defense to prosecution under subsections 2.02(c) of this section
that the owner, Operator, or employee of an Establishment promptly
notified the City of Anna 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.
2.05 Enforcement
Notwithstanding the penal effect of this article 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 article may be enforced in a uniform manner.
2.06 Penalties
(a) A person who violates a provision of this section 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, 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 section 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 .
2.07 Review
(a) In accordance with Local Government Code Section 370.002 (as
amended), before the third anniversary of the date of adoption of this
section and every third year thereafter, the City Council shall:
(1) Review this section or order's effects on the community and on
problems this section was intended to remedy;
(2) Conduct public hearings on the need to continue this section; and
(3) Abolish, continue, or modify this section .
(b) Failure to act in accordance with subsections 2.07(a)(1 )-(3) shall cause
the ordinance establishing a Curfew for Minors to expire.
2.08 Supplemental Effect
The provisions of this section are supplemental to, and shall be cumulative with,
all other laws and ordinances applicable in any manner to Minors.
( Ord. No . 208-2005, adopted 5/24/2005; Ord. No . , adopted
I /2019
Section 4. 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. The municipal court prosecutor for the City shall have the discretion to
withhold enforcement of an alleged violation of the Curfew for Minors as applied to a
person who was 17 years of age or older on the effective date of this ordinance for a
period of one year following said effective date.
Section 5. 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 6. Publication of the Caption Hereof and Effective Date.
JI/ -/J0/1
This ordinance shall be in full force and effective from and after its passage a nd upon
the posting and/or pub lica t ion, if required by law , of its caption and the City Secretary is
hereby directed to implement such posting and/or pub lication.
PASSED by the City Council of the City of Anna , Texas, this 9f)..__ day of Upb / L , 2019 .
ATTESTED: APPROVED:
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