(A) A person commits an offense if he or she:
(1) Is a minor;
(2) Appears in a public place between the hours of 11:00 p.m. and 6:00 a.m.; and/or
(3) Appears in a public place between the hours of 9:00 a.m. and 3:00 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; provided, the minor is subject to compulsory school attendance pursuant to Tex. Education Code § 21.032; and, provided, the school in which the minor is enrolled is not closed or classes for which the minor is enrolled have not been cancelled under the order and direction of officials authorized to issue such orders and directives.
(B) Prior to making an arrest under this chapter, an authorized peace officer with jurisdiction shall inquire of the apparent offender’s age and reason for being in the public place and will not arrest the alleged offender unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, that one of the defenses is not present.
(C) An officer from the La Joya I.S.D. shall have jurisdiction to enforce this chapter; however, any and all penalties shall be assessed in favor of the city.
(Ord. 2010-02, passed 2-2-2010) Penalty, see § 131.99