(A) Short title. This section shall be known and may be cited as the “Curfew Section.”
(B) Purposes and findings.
(1) The purpose of this section is to protect the welfare of children by:
(a) Reducing the likelihood that children will be the victims of criminal acts during curfew hours;
(b) Reducing the likelihood that children will become involved in criminal acts during curfew hours;
(c) Encouraging children to remain in school; and
(d) Aiding parents, guardians, custodians or other responsible persons in carrying out their responsibility to exercise reasonable supervision of the children entrusted to their care.
(2) In determining that a need exists for this section, the City Council finds and determines as follows.
(a) The city is a stable family community where parental responsibility for the whereabouts of children is the norm.
(b) During nocturnal hours, children are at a greater risk for victimization or becoming involved in delinquent or criminal behavior.
(c) During school hours, children should be pursuing education goals and not engaged in activities which are non-productive.
(d) Commercial recreational facilities are limited and there is little or nothing for minors to do outdoors, but roam the streets after the curfew hours which this section declares.
(e) As parental control increases, the likelihood of children being victimized or becoming involved in delinquent or criminal behavior decreases.
(f) The victimization of children and the involvement of children in crime and violent crime have reached an unacceptable and alarming level compelling this City Council and others to adopt ordinances of this nature for the public good, safety and welfare.
(C) Terms and definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF OF POLICE. The Chief of Police of the city or a designated representative.
COMMERCIAL ESTABLISHMENT. Any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to any place of amusement or entertainment, and includes all adjacent parking areas under the control of the owner of the commercial establishment.
CURFEW HOURS.
(a) For any minor 14 or less years of age (under 15), on any day of the week, from 10:30 p.m. until 6 a.m. of the following day;
(b) For any minor 15 or more years of age to 17 or less years of age (under 18) from 11 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5 a.m. of the following day;
(c) For any minor 15 or more years of age to 17 or less years of age (under 18) from 12 midnight until 5 a.m. on any Friday or Saturday; and
(d) For any minor 17 or less years of age (under 18), 9 a.m. through 3 p.m. on school attendance days, provided however, this section shall not apply to a student who though lawfully enrolled in school, and not expelled, suspended or absent, is otherwise not required to be in attendance in class.
CUSTODIAN. An adult person with whom the minor resides and who has apparent control of the minor.
DIRECT ROUTE. The shortest path of travel through a public place to reach a final destination without any detour or stop along the way.
EMERGENCY. Is not limited to a fire, a natural disaster, accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
GUARDIAN. An adult person who has, by any court order, the guardianship or conservatorship of a minor.
MINOR. Any person 17 years of age or younger.
PARENT. A person who is any natural parent of a minor or a legal guardian.
REMAIN or REMAINS.
(a) To stay behind, tarry and stay unnecessarily upon a public place, including congregating in groups or individual minors in which any minor included would not be using the public place for an exempted purpose as set forth in division (E) below; and
(b) To fail to leave a public place or commercial establishment when requested to do so by a police officer or the owner, operator or other person in control of the public place or commercial establishment.
TIME OF NIGHT. Based upon the prevailing standard of time, whether Central Standard Time or Central Daylight Saving Time, generally observed at that hour by the public in the city, prima facie the time when observed in the city police station.
TRUANT. A student who stays away from school without permission.
YEAR OF AGE. Continues from one birthday, such as the seventeenth to, but not including the day of, the next, such as the eighteenth birthday, making it clear that 17 or less years of age is herein treated as equivalent to the phrase, “under 18 years of age.”
(D) Offenses.
(1) A minor commits an offense if he or she remains in any public place or on the premises of any commercial establishment within the city during curfew hours.
(2) A parent, guardian or custodian commits an offense if he or she knowingly permits or by insufficient control allows a minor in his or her care to be or remain in any public place or to be or remain in any commercial establishment other than for excepted activities as cited in division (E) below, during the curfew hours established by this section. The term “knowingly” includes knowledge which a parent, guardian or custodian should reasonably be expected to have concerning the whereabouts of a minor in the person’s custody. It shall be prima facie evidence of violation of this division if a responsible parent, guardian or custodian has no knowledge of a minor’s whereabouts during the hours of curfew established by this section. The purpose of this section is to require neglectful or careless parents, guardians or custodians to meet the community standard of parental and custodian responsibility.
(3) It shall be unlawful for the owner or operator of a commercial establishment to knowingly allow a minor to remain upon the business premises during the hours of curfew established in this section beyond the time necessary to conduct an expected activity. It shall be no defense to this division that a minor made a purchase, if the minor did not immediately make the purchase upon arrival and depart immediately thereafter. It shall be a defense to prosecution under this section that the owner or operator of the commercial establishment has promptly notified the Police Department that a minor or minors who are present on the premises after hours have refused to depart.
(4) Notwithstanding the penal effect of this section, the Chief of Police is encouraged to develop alternative enforcement strategies, which may include but need not be limited to the return of minors of their residences or schools, counseling with minors and their parents, guardians or custodians or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall be promulgated in writing to members of the Police Department so that this section may be enforced in a uniform manner.
(E) Defenses. It is a defense to prosecution under division (D) above that the minor was:
(1) Accompanied by the minor’s parent, guardian or custodian;
(2) On an errand at the direction of the minor’s parent, guardian or custodian and was using a direct route;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, including, but not limited to newspaper delivery, and was using a direct route;
(5) Involved in an emergency;
(6) On the sidewalk abutting the miner’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about the minor’s presence;
(7) Attending an official school or religious activity or returning hone by a direct route from an official school or religious activity;
(8) On an authorized high school lunch break with a valid Sweeny High School I.D. card;
(9) 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;
(10) Married or had been married or had disabilities of minority removed in accordance with Tex. Fam. Code, Chapter 31; or
(11) Traveling in a direct route to the minor’s residence after any organized athletic activity.
(F) Enforcement.
(1) A police officer, upon finding a minor in violation of division (D)(1) above at night, shall:
(a) Ascertain the name and address of the minor;
(b) Ascertain the name and address of the minor’s parent, guardian or custodian;
(c) Issue to the minor a written warning that the minor is in violation of division (D)(1) above;
(d) Order the minor to go promptly home by a direct route or at the officer’s discretion notify the parent of the minor and rewire the parent to pick up the minor at the place of detainment or at the Police Department, Juvenile Detention Facility; and
(e) Submit a copy of the warning to the Police Department which shall send a letter by certified mail, return receipt requested to the parent, guardian or custodian advising of the fact that the minor was found in violation of this section, soliciting cooperation in the future, and including a warning that any subsequent violation may result in prosecution of minor and/or parent, guardian or custodian under this section. If the parent personally picks up the child from the custody of the police, a certified letter is not required to be mailed to the parent.
(2) A police officer, upon finding a minor in violation of division (D)(1) above, at night, who has previously received a written warning for violating this section, shall:
(a) Ascertain the name and address of the minor;
(b) Ascertain the name and address of the minor’s parent, guardian and/or custodian;
(c) Issue to the minor a municipal court misdemeanor citation;
(d) Order the minor to go promptly home by a direct route or, at the officer’s discretion, notify the parent of the minor and require the parent to pick up the minor at the place of detainment or at the Police Department, Juvenile Detention Facility; and
(e) Submit a copy of the citation to the Police Department which shall send a letter by certified rail, return receipt requested to the parent, guardian or custodian of the minor and to the juvenile probation officer of the county, advising of the fact that the minor was found in violation of this section on a second occasion and received a municipal court misdemeanor citation. If the parent personally picks up the minor from the custody of the police, a certified letter is not required to be mailed to the parent.
(3) A police officer upon finding a minor in violation of division (D)(1) above during school hours shall:
(a) Ascertain the name and address of the minor;
(b) Ascertain the name and address of the minor’s parent, guardian and/or custodian;
(c) Ascertain the school the minor attends and the reason the minor is not in school;
(d) If it appears the minor is truant, then the officer shall immediately transport the child to the appropriate school the minor attends;
(e) The school truant officer or designated school official shall be contacted and a verbal report given to the officer;
(f) If the minor is not truant, but has been expelled or suspended from school, the officer shall proceed as if the minor had violated the hours of curfew at any other time; and
(g) The Police Department shall additionally send a letter by certified mail, return receipt requested to the parent, guardian and/or custodian of the minor advising of the fact that the child was truant on the date in question unless the parent personally picked up the child from the custody of the police at which time a certified letter is not required.
(4) A police officer, upon finding a minor in violation of division (D)(1) above during school hours, who has previously been taken into custody as a truant under division (F)(3) above, shall take all actions set forth in division (F)(3) above and additionally issue a misdemeanor citation to the minor.
(5) A police officer, upon finding a minor in violation of division (D)(1) above on three or more occasions, within a 12-month period, may issue to the parent, guardian or custodian a municipal court misdemeanor citation.
(Ord. 101-95, passed 10-18-94; Am. Ord. 101-06, passed 11-15-05) Penalty, see § 130.99