(A) It is a defense to prosecution under § 132.02(A) and (B) that the minor was:
(1) Accompanied by the minor's parent or guardian;
(2) On an emergency errand directed by the minor's parent or guardian without any detour or stop;
(3) Attending a school, government sponsored or religious activity or was going to or coming from a school, religious or government sponsored activity without any detour or stop;
(4) Engaged in a lawful employment or volunteer work at a recognized charity institution or was going to or coming from such activity without detour or stop;
(5) On the sidewalk of the place where such minor resides or on the sidewalk of a place where the minor had permission from his or her parent or guardian to be;
(6) In a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area was the most direct route;
(7) Exercising his or her First Amendment rights protected by the United States or Texas Constitution, including, but not limited to the free exercise of religion, freedom of speech and freedom of assembly;
(8) Married or had been married or had disabilities of minority removed in accordance with the Tex. Family Code, Ch. 31.
(B) It is a defense to prosecution under § 132.02(C) if the owner, operator or other adult person or employee in charge of an establishment promptly notified a police agency that a minor was present on the premises of the establishment during curfew hours and the minor refused to leave.
(Ord. 12-4-00, passed 12-4-2000; Am. Ord. 1-5-2009, passed 1-5-2009; Am. Ord. 12012015JUV, passed 12-1-2015
; Am. Ord. 11062018JUV, passed 11-6-2018; Am. Ord. 10192021JUV, passed 10-19-2021)