(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVIC ORGANIZATION. A nonprofit corporation or association formed for the use, benefit, and enjoyment of its members to achieve religious, recreational, charitable, municipal, and/or educational pursuits.
CURFEW HOURS. Eleven o'clock p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day and 12:01 a.m. until 6:00 a.m. on any Friday or Saturday.
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 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.
GUARDIAN. A person who, under court order, is the guardian of the person of a minor, or a public or private agency with whom a minor has been placed by a court.
MINOR. Any person under 17 years of age.
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 another person, or at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
REMAIN. To linger or stay, or to 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.
(B) Offenses.
(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(C) Defenses. It is a defense to prosecution under division (B) above 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 or abutting the residence of a next-door neighbor 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 the responsibility for the minor going to or returning home from, without any detour or stops, 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 free exercise of religion, freedom of speech, and the right of assembly; or
(9) Married or has been married or had disabilities of minority removed in accordance with Tex. Family Code, Ch. 31.
(D) Enforcement. Before taking any enforcement action under this section, 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 section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (C) above is present.
(E) Council review. This section shall be reviewed by the City Council every three years, as required by Tex. Loc. Gov't Code, § 370.002.
(F) Effective date. In view of the fact that this section is necessary for the immediate protection and preservation of the public health, safety, and general welfare, it becomes necessary that this section shall be in full force and effect immediately from and after publication as provided by law.
(Ord. 05-0621, passed 6-21-2005; Ord. 11-0621, passed 6-21-2011; Ord. 14-0617A, passed 6-17-2014; Ord. 17-0620, passed 6-21-2017; Ord. 20-0616, passed 6-16-2020) Penalty, see § 130.99