§ 130.03 DEFENSES.

   (A)   It is a defense to prosecution under § 130.02 that the minor was:

      (1)   Accompanied by the minor's parent;

      (2)   On an errand at the direction of the minor's parent 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 minor's residence or abutting the residence of 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 home by a direct route from an official school or religious activity;

      (8)   Exercising First Amendment rights protected by the United States constitution, such as the free excise 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 Ch. 31.

   (B)   It is a defense to prosecution under § 130.02 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 refused to leave.

(Ord. 2008-006, passed 8-19-2008; Ord. 2013-002, passed 5-21-2013)