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CURFEW HOURS FOR MINORS
Editor’s note:
Ord. 10-13, adopted 5-5-2010, included provisions which stated “That the curfew regulations set out in Chapter 78, ‘Offenses and Miscellaneous Provision’, Division 2, ‘Curfew for Minors’, of the Code of Ordinances of the City of Texas City, are hereby renewed and continued in accordance with the requirements of law”. Chapter 78 of the 1998 code has since been renumbered herein.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS.
(1) 9:00 a.m. until 2:30 p.m. on any school day; and
(2) 11:30 p.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday until 5:00 a.m. of the following day.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN.
(1) A person who, under court order, is the guardian, managing conservator or possessory conservator of the person of a minor; and
(2) A public or private agency with whom a minor has been placed by a court.
MINOR. Any person under 17 years of age, or where disabilities have not been removed by law as provided in § 130.27(A)(9) of this chapter.
OPERATOR. Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT. A person who is a natural parent, adoptive parent or stepparent of a minor, or a person at least 21 years of age who is authorized by the parent or guardian of a minor to have the care and custody of such minor.
POLICE DEPARTMENT. The Texas City Police Department.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and shall include, but not be limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, restaurants, theaters, game rooms, shops, shopping centers or any other place that offers for sale services or merchandise.
REMAIN. To:
(1) Linger or stay; or
(2) Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(1998 Code, § 78-51) (Ord. 94-27, passed 12-21-1994; Ord. 95-23, passed 12-20-1995; Ord. 98-21, passed 6-17-1998; Ord. 07-35, passed 9-19-2007; Ord. 20-01, passed 1-15-2020)
(A) It shall be unlawful for any minor to knowingly remain, walk, run or stand, or operate or ride in any motor vehicle or on any bicycle, in or upon any public place or on the premises of any establishment within the city during curfew hours.
(B) It shall be unlawful for the parent or guardian of a minor to knowingly permit or, by insufficient control, allow a minor to remain in or upon any public place or on the premises of any establishment within the city during curfew hours.
(C) It shall be unlawful for the owner, operator or any employee of an establishment to knowingly allow a minor to remain upon the premises of an establishment during curfew hours.
(1998 Code, § 78-52) (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) Penalty, see § 130.99
(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)
Before taking any enforcement action under this subchapter, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this subchapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense under § 130.27 of this chapter is present.
(1998 Code, § 78-54) (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)
Before the third anniversary of the date of adoption of this subchapter, and every third year thereafter, the City Commission shall:
(A) Review the ordinance’s effects on the community and on problems the ordinance was intended to remedy;
(B) Conduct a public hearing on the need to continue the ordinance; and
(C) Abolish, continue or modify the ordinance.
(1998 Code, § 78-57) (Ord. 07-35, passed 9-19-2007; Ord. 20-01, passed 1-15-2020)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) A violation of § 130.01 shall be subject to the following:
(1) A person commits an offense if he or she violates Tex. Health and Safety Code, § 756.012
(2) An offense under this § 130.01 is a misdemeanor punishable by a fine of not less than $5 or more than $200.
(3) Each day of continuing violation constitutes a separate offense.
(C) Violation of § 130.07 of this chapter shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than $100, and not more than $2,000. However, any conduct prescribed under § 130.07 of this chapter which also constitutes an offense under state law shall not be prosecuted under this section, but shall be prosecuted pursuant to and punishable as provided by the applicable state law. An offense under § 130.07 of this chapter is not a lesser included offense under Tex. Health and Safety Code §§ 481.002(6), 483.001(2) or 501.001 et seq.
(1998 Code, § 78-9)
(D) A violation of § 130.08 of this chapter shall be a Class C misdemeanor and, upon conviction, shall be punishable by a fine not to exceed $500.
(1998 Code, § 78-10)
(E) Any person violating any provision of § 130.09 of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.
(1998 Code, § 78-81)
(1998 Code, § 78-81)
(1998 Code, § 78-86)
(2) When required by Tex. Family Code § 51.08, as amended, the Municipal Court shall waive original jurisdiction over a minor who violates § 130.26(A) of this chapter and shall refer the minor to Juvenile Court.
(1998 Code, § 78-55)
(Ord. 94-27, passed 12-21-1994; Ord. 95-21, passed 12-6-1995; Ord. 98-21, passed 6-17-1998; Ord. 03-08, passed 3-5-2003; Ord. 07-10, passed 2-21-2007; Ord. 07-12, passed 3-7-2007; Ord. 07-35, passed 9-19-2007; Ord. 20-01, passed 1-15-2020)