A. Findings Of Fact; Purpose:
1. This Section sets forth regulations for the conduct of minors on streets at night. These regulations encompass prevailing community standards for the purpose of furthering the good of minors, of advancing family responsibility and of promoting public safety and welfare.
2. The Board of Commissioners of the City has determined that the curfew meets a very real need and is a significant factor in protecting juveniles and minimizing juvenile delinquency. The Board of Commissioners also finds that there are persons upon the streets of the City who represent an influence that is detrimental to the health, safety, welfare and morals of minors, considering their peculiar vulnerability and their inability to make critical decisions in an informed and mature manner and that minors who fall under this influence, in turn, represent a detriment to the health, safety, welfare and morals of the community as a whole and lead to increased crime and fear among citizens for their safety and welfare and that of their minor children. The Board of Commissioners also finds that commercial recreational facilities are very limited in the City.
3. The curfew hours cited by this Section reflect the community standard of the appropriate hour for cessation of outdoor activities by minors on the street. The curfew also takes into account the hours which present the highest risk for nocturnal crimes and for the congregating of minors with the potential risks incident to immaturity.
4. The Board of Commissioners has determined that parental responsibility for the whereabouts of minors is a community norm. As parental control increases, the likelihood of juvenile delinquency decreases. Therefore, legal sanctions to enforce parental responsibility have been shown to be significantly effective in minimizing the incidence of juvenile delinquency and in protecting the minors and the community at large.
5. The Board of Commissioners hereby determines that the curfew for minors will accomplish under local conditions the purpose stated herein. The Board of Commissioners is mindful that minors in the City have the right to use the public streets and ways, to exercise their rights to free speech and association, to travel, to be employed and to be involved in school, church and other association activities and find that any restriction upon these rights are essential for the purposes set herein and are limited to meeting the essential needs found herein and are otherwise scrupulously protected herein.
6. Therefore, the Board of Commissioners finds that this curfew Section is necessary and that it serves the community's interest in protecting our minors from criminal and other unhealthy influence.
B. Definitions: When used in this Section, the following words and terms, unless the context indicates a different meaning, shall have the meanings given as follows:
CITY: The City of Alamo, County of Hidalgo, Texas.
MINOR: Any person under the age of seventeen (17) years of age.
PARENT: Any person having legal custody of a minor: a) as a natural or adoptive parent; b) as a legal guardian; c) as a parent who stands in loco parentis; or d) as a person to whom custody has been given by order of a court of competent jurisdiction.
REMAIN: To stay behind, to tarry and to stand unnecessarily upon the streets, including, but not limited to, the congregating of groups (or of interacting minors) in which any minors involved would not be using the streets for ordinary or serious purposes such as mere passage or going home. Within this meaning, this Section does not prohibit mere presence, but is intended as a curfew ordinance prohibiting "remaining".
STREET: A way or place of whatever nature, opened to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof, for pedestrian travel. The term "street" includes the legal right of way, including but not limited to the traffic lanes, curbs, sidewalks, whether paved or unpaved and any grass plots or other ground found within the legal right of way of the street. The term "street" applies irrespective of what it may be called or informally named, whether alley, avenue, road, roadway, highway or otherwise.
TIME OF NIGHT: The prevailing standard of time, whether Central Standard Time or Central Daylight Savings time, generally observed at that hour by the public in the City. It shall be prima facie the time then observed in the City administrative offices and police station.
C. Curfew Established: It shall be unlawful for any person under seventeen (17) years of age to be or remain in or upon the streets within the City at night during the period beginning at ten o'clock (10:00) P.M. and ending six o'clock (6:00) A.M.
D. Exceptions: It shall be a defense to the accusation of unlawful conduct pursuant to subsection C of this Section for the accused minor to demonstrate that he was:
1. Accompanied by a Parent: Accompanied by a parent or the adult spouse of such minor.
2. Accompanied by Adult: Accompanied by an adult authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time and purpose within a specified area.
3. Exercising First Amendment Rights: When 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. Prior to engaging in the exercise of such first amendment rights at a time that would otherwise be in violation of this curfew ordinance, such minor shall first deliver a written communication, signed by such minor that he will be on the streets at night (during hours when the curfew regulations are otherwise applicable to said minor) in the exercise of first amendment rights specified in such communication.
4. Returning Home: Returning home, by a direct route from a school activity or an activity of a religious or other voluntary association of which prior notice, indicating the place and probable time of termination, has been given, in writing, to and duly filed for immediate reference by the Chief of Police or the officer assigned by him on duty at the police station, thus encouraging (here as in other exceptional situations) conduct on the part of the minor involved in such activities a fair balance for the conflicting interest of the minor and the interest of the City in regulating the behavior of such minor.
5. Authorized Nighttime Activities: Engaged in nighttime activities organized by the schools and attracting more minors that can readily be dealt with on an individual special permit basis. In such cases, such nighttime activity shall have been organized by or through the schools or other similar organization in a regular course.
6. Employment Card: In possession of a certified card of employment, renewable each calendar month, dated or reissued not more than forty five (45) days previously, signed by the employee and the Chief of Police and briefly identifying the minor, the address of his home and of his place of employment and his hours of employment. Possession of said certified card shall be sufficient to exempt such minor from the restriction of this Section if such minor was in fact engaged in or traveling to or from such employment in accordance with the hours indicated by such certified card.
7. Travelling: Involved in interstate or intrastate motor vehicle travel, with parental consent. This Section specifically exempts interstate travel beginning or ending in the City. This Section does not exempt travel merely in or around the City.
E. Parental Responsibility: It shall be unlawful for a parent having legal custody of a minor knowingly to permit or by insufficient control to allow such minor to be or remain upon any City street under circumstances not constituting an exception to or otherwise outside the scope of this curfew Section. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. It shall be no defense that a parent was completely indifferent to the activities or conduct on whereabouts of such minor.
F. Police Procedures:
1. Application Of Provisions: The prohibition enacted by this curfew Section shall apply only to juveniles as defined by the Texas Family Code (title 3) 1 .
2. General Procedure: A police officer of the City, upon finding or having attention called to any minor in the street in prima facie violation of this curfew Section, should follow the complete Police Department juvenile procedures, insofar as those procedures have been approved by the Hidalgo County Juvenile Court(s). In the absence of convincing evidence such as a birth certificate, a police officer on the street shall, on the first instance, use his best judgment in determining age. In the following Police Department juvenile procedures, a police officer must act in accordance with the Texas Family Code 2 as it is now enacted or may be hereafter amended.
3. First Offense Written Notice: In the case of a first violation by a minor, the juvenile officer or other designated police officer shall send to a parent written notice of said violation by certified mail, with a warning that any subsequent violation may result in enforcement of parental responsibility and of applicable penalties.
4. Minors Under Ten: If a police officer takes into custody, for violation of this curfew Section, a minor who is discovered to be under the age of ten (10) years, such minor shall not therefor be accused of unlawful conduct pursuant to this Section. Instead, the officer is to release such minor to his parent, guardian, custodian or other responsible adult as soon as practicable pursuant to the Alamo Police Department juvenile procedures. This subsection shall not be construed as a defense to prosecution of the parent of such minor charged with an offense under subsection E of this Section.
G. Referral: Any minor who shall violate any of the provisions of this curfew Section more than two (2) times may be referred by the juvenile officer to the Hidalgo County Juvenile Probation Department for processing as a child having engaged in conduct indicating a need for supervision. In making any such referral the juvenile officer shall follow the appropriate Police Department juvenile procedures.
H. Penalties: If, after notice pursuant to subsection F3 of this Section of a first violation by a minor, a parent violates subsection E of this Section, in connection with a second violation by said minor, this shall be treated as a first offense by the parents. Upon conviction for such first parental offense, and subsequent offenses, a parent shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord. 91-04, 4-29-1991; amd. 1994 Code)
Notes
| 1 | 1. V.T.C.A., Family Code §51.02. |
| 2 | 2. V.T.C.A., Family Code §51.01 et seq. |
A. Definitions: When used in this Section the following words shall have the meanings herein ascribed to them:
CHILD: A person under eighteen (18) years of age who is not and has not been married or who has not had his disabilities of minority removed for general purposes.
PARENT: The mother, a man as to whom the child is legitimate, or an adopted mother or father, a court appointed guardian or conservator or other person eighteen (18) years of age or older, authorized by the parent, by a court order, or by the court-appointed guardian or conservator to have the care and custody of a child.
B. Offense: It shall be unlawful for a parent of a child to fail to repair or pay for any property damage proximately caused by: 1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent to exercise control and reasonable discipline of the child; or 2) the wilful and malicious conduct of a child who is at least twelve (12) years of age but under eighteen (18) years of age.
C. Penalty: A person violating this Section shall be guilty of a Class C misdemeanor, which shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). (Ord. 8-16-94B, 9-20-1994)