(A) It is a defense to prosecution under § 130.21 that the minor was:
(1) Accompanied by and in the presence of the minor’s parent or guardian;
(2) On an errand at the direction of a minor’s parent or guardian, without any detour or stop, but only if the parent or guardian was physically unable to go on the errand;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in lawful employment activity at the direction of an employer, going to or returning to an employer’s place of business during his or her regularly scheduled employment hours or going to or returning to a parent’s or guardian’s home from any employment activity, without any detour or stop;
(5) Directly involved in an emergency;
(6) On the property constituting the residence of the parent or guardian of the minor or abutting the residence of a next door neighbor if the neighbor did not complain to the Town of Lakeside Police Department about the minor’s presence (this does not include common areas or parking lots of apartments, town homes or condominiums);
(7) Attending an official school, religious or other recreational activity scheduled, supervised and attended by persons over the age of 21 years and sponsored by the town or other public organization, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning home from, without detour or stop, such activity;
(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, but only after delivery, before exercising such rights after curfew, of written notice signed by the minor and a parent or guardian to the Town of Lakeside Police Department specifying when, where and in what manner said minor will be exercising a First Amendment right specified in the communication after curfew hours.
(9) Married or had disabilities of a minor removed in accordance with the Tex. Family Code, Ch. 31, or any amendment or modification thereof.
(B) It is a defense to prosecution under § 130.21(D) that the operator or employee of an establishment promptly notified the Town of Lakeside Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(Ord. 194, passed 6-11-1998; Ord. 267, passed 4-14-2005; Ord. 321, passed 3-10-2011; Ord. 367, passed 2-13-2014; Ord. 395, passed 4-13-2017)