(A) No officer shall detain a minor where an exception to the application of this subchapter is apparent. It is a defense to prosecution under § 130.22 of this subchapter that, at the time of the act that otherwise would constitute an offense:
(1) The minor was accompanied by a parent;
(2) The minor was responding appropriately to an emergency;
(3) The minor was attending a school, religious, government-sponsored activity, or an organized activity properly supervised by an adult and authorized by a parent, or going to or coming home from one of the aforementioned functions or activities by a direct route;
(4) The minor was engaged in a lawful employment activity or labor organization meeting, or going to or coming home from said lawful employment or labor organization meeting by a direct route;
(5) The minor was in an aircraft or motor vehicle involved in intrastate or interstate transportation, or was awaiting imminent transportation by such means;
(6) The minor was married or had been married or had disabilities of minority removed in accordance with the Texas Family Code;
(7) The minor was lawfully exercising his or her First Amendment rights protected by the Constitution of Texas or of the United States;
(8) The minor was 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
(9) In a prosecution under § 130.22(C) of this subchapter the owner, operator, or employee of the place of business promptly notified the Police Department that the minor was present on the premises of the business during curfew hours and the minor refused to leave.
(B) It shall not be a defense to the application of this subchapter that a parent gave the minor the permission to violate this subchapter.
(Ord. 2007-16, passed 5-1-07; Am. Ord. 2010-09, passed 3-23-10; Am. Ord. 2013-09, passed 3-26-13; Am. Ord. 2016-07, passed 3-22-16)