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(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)