(A) It is a defense to prosecution under § 130.26(A) of this chapter that the minor was:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence if the neighbor did not complain to the Police Department about the minor’s presence;
(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor;
(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; and/or
(9) Married or had been married or had disabilities of minority removed in accordance with Tex. Family Code §§ 31.01 et seq.
(B) It is a defense to prosecution under § 130.26(C) of this chapter that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and the minor refused to leave.
(C) It is a defense to prosecution under § 130.26(A) of this chapter that the minor had been directed by his or her parent or guardian to engage in a specific activity or to carry out expressed instructions, during the time that the minor is actually engaged in fulfilling those directions or responsibilities.
(1998 Code, § 78-53) (Ord. 94-27, passed 12-21-1994; Ord. 98-21, passed 6-17-1998; Ord. 07-35, passed 9-19-2007; Ord. 20-01, passed 1-15-2020)