§ 26-3. Curfew for minors.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Curfew hours means:

(1)

On any Sunday, Monday, Tuesday, Wednesday, or Thursday, 10:30 p.m. until 6:00 a.m. of the next day;

(2)

On any Saturday or Sunday, 1:01 a.m. until 6:00 a.m.; and

(3)

On any Monday, Tuesday, Wednesday, Thursday, or Friday on days that the school in which the minor is enrolled is in session, 8:00 a.m. until 3:00 p.m.

Direct route means the shortest path of travel through a public place to reach a final destination without any detour or stop along the way.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Guardian means a public or private agency with whom a minor has been placed by a court a person who, under court order, is the guardian of the person of a minor.

Minor means any person under 17 years of age.

Operator means any individual, firm, association, partnership, or corporation operating, managing or conducting any commercial establishment. The term "operator" 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, adoptive or step parent of a minor; or

(2)

At least 18 years of age or older authorized by a natural, adoptive or stepparent, or by a guardian to have the care and custody of a minor.

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, any street, alley, highway, sidewalk, plaza, building, or other place used by or accessible to the public including, but not limited to, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, and parking lots adjacent to commercial establishments.

Remain means to:

(1)

Linger or stay;

(2)

Walk, run, idle, wander, stroll, or aimlessly drive or ride about in or upon any public place or linger or stay; or the premises of any commercial establishment; or

(3)

Fail to leave any public place or the premises of any commercial establishment when requested to do so by a (peace officer) or the owner, operator, employee or other person in control of the premises of any commercial establishment.

Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protected loss or impairment of the function of any bodily member or organ.

(b)

Offenses.

(1)

A minor commits an offense under this section if he remains in any public place or on the premises of any commercial establishment within the city during curfew hours.

(2)

A parent or guardian of a minor commits an offense under this section if he permits, or by insufficient control allows the minor to remain in any public place or on the premises of any commercial establishment within the city during curfew hours in violation of the curfew imposed as defined in subsection (a) of this section.

(c)

Defenses. It is a defense to prosecution under section (b) of this section that the minor was:

(1)

Accompanied by the minor's parent or guardian;

(2)

On 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 or intrastate transportation or transportation for which passage through the curfew area is the most direct route;

(4)

Engaged in a lawful employment activity or going to or returning home from a lawful employment activity 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, religions 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 Texas Family Code ch. 31;

(10)

Acting at the direction of a peace officer; or

(11)

Remains in any public place or on the premises of any commercial establishment during the scheduled vacation of or on a holiday observed by the school in which the minor is enrolled; or that the minor has graduated from high school or received a high school equivalency certificate; or that the minor has permission to be absent from school or be in a public place from an authorized school official.

(d)

Enforcement.

(1)

Before taking any enforcement action under this section, a peace officer shall:

a.

Ascertain the age of the offender;

b.

Ascertain the name and address of the offender;

c.

Ascertain the name and address of the offender's parent or guardian if the offender is a minor;

d.

Ascertain the name of the school in which the minor is enrolled, if the violation of this section occurs between 8:00 a.m. to 3:30 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday on days that schools are in session;

e.

Ascertain the reason for being in public.

(2)

The peace officer shall not issue a citation or make an arrest under this section unless the peace officer reasonably believes that an offense has occurred and that, based on any response and other circumstance, no defense in subsection (c) of this section is present.

(3)

If the peace officer determines that a citation is warranted, the peace officer shall issue to the offender a municipal court Class "C" misdemeanor citation and submit a copy of the citation to the municipal judge.

(4)

If the peace officer issues a citation to a minor, the peace officer shall order the minor to go promptly home by a direct route, unless the minor has violated the 8:00 a.m. to 3:30 p.m. curfew on any Monday, Tuesday, Wednesday, Thursday, or Friday on days that the school in which the minor is enrolled is in session. If a minor has violated the 8:00 a.m. to 3:30 p.m. curfew on any Monday, Tuesday, Wednesday, Thursday, or Friday on days that the school in which the minor is enrolled is in session, the peace officer, in addition to the issuance of a citation, shall turn the minor over to the school's truant officer.

(5)

If the peace officer issues a citation to a minor, the city clerk shall send a letter by certified mail, return receipt requested, to the parent or guardian of the minor advising of the fact that the minor was found in violation of this chapter and received a municipal court misdemeanor citation.

(e)

Penalties.

(1)

Each offense, upon conviction, is punishable as provided in section 1-16.

(2)

When required by Texas Family Code § 51.08, the municipal court shall waive original jurisdiction over a minor who violates subsection (b) of this section and shall refer the minor to juvenile court.

(Ord. No. 776, §§ 1—5, 1-31-2018)

State law reference

Local curfew ordinances, Texas Local Government Code § 370.002.