HomeMy WebLinkAboutOrdinances (O-94-958)-08/16/1994
ORDINANCE NO. 0-94-958
AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE, ORDINANCE
0-93-918, "OFFENSES AND NUISANCES" BY ADDING SECTION 7, "CURFEW
HOURS FOR MINORS"; ESTABLISHING CURFEW HOURS, PROVIDING FOR
EXCEPTIONS AND DEFENSES, ADOPTING ENFORCEMENT PROCEDURES,
ESTABLISHING A PENALTY AND PROVIDING FOR PUBLICATION.
WHEREAS, the City of Colleyville desires to reduce juvenile crime and
victimization, while promoting juvenile safety and well being.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS AS FOLLOWS:
Sec. 1:
That Chapter 7 of the Colleyville Code be amended by adding thereto a
Section 7, as follows:
"Sec. 7:
CURFEW HOURS FOR MINORS
A. Definitions. In this section:
(1) CURFEW HOURS means:
(a) 11:00 P.M. on any Sunday, Monday, Tuesday,
Wednesday or Thursday until 6:00 A.M. of the following day;
and
(b) 12:01 A.M. until 6:00 A.M. on any Saturday or
Sunday.
(2) EMERGENCY means any unforeseen combination of
circumstances or the resulting state that calls for immediate action. The
term includes, but it 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.
(3) ESTABLISHMENT means any privately owned place of
business operated for a profit which the public is invited, including but
not limited to, any place of amusement or entertainment.
(4) GUARDIAN means:
CURFEW ORDINANCE - PAGE 1
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(a) a person who, under court order, is the guardian of
the person of a minor, or
(b) a public or private agency with whom a minor has
been placed by a court.
(5) MINOR means any person under 17 years of age.
(6) OPERA TOR means 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.
(7) PARENT means a person who is:
(a) a natural parent, adoptive parent or step parent of
another person; or
(b) at least 18 years of age and authorized by a parent or
guardian to have the care and custody of a minor.
(8) PUBLIC PLACE means 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.
(9) REMAIN means to:
(a) linger or stay; or
(b) 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.
(10) SERIOUS BODILY INJURY means 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.
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8. Offenses
(1) A minor commits an offense if he 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
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 knowingly allowing a minor to remain upon the
premises of the establishment during curfew hours.
C. Defenses
(1) It is a defense to prosecution under Subsection B that the
minor was:
(a) accompanied by the minor's parent or guardian;
(b) on an errand at the direction of the minor's parent or
guardian without any detour or stop;
(c) in a motor vehicle involved in interstate travel;
(d) engaged in an employment activity, or going to or
returning home from an employment activity, without any detour
or stop;
(e) involved in an emergency;
(f) on the sidewalk abutting the minor's residence or a
next door neighbor if the neighbor did not complain to the police
department about the minor's presence;
(g) attending an official school, religious, or other
recreational activity supervised by adults and sponsored by the
City of Colleyville, 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
CURFEW ORDINANCE - PAGE 3
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sponsored by the City of Colleyville. a civil organization. or
another similar entity that takes responsibility for the minor.
(h) 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; or
(i) married or had been married or had disabilities of
minority removed in accordance with Chapter 31 of the Texas
Family Code.
(2) It is a defense to prosecution under Subsection B (3) 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.
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 Subsection C. is present.
E. Penalties
(1) A person who violates a provision of this chapter is guilty
of separate offense for each day or part of a day during which the
violation is committed. continued. or permitted. Each offense. upon
conviction. is punishable by a fine not to exceed $500.00.
(2) When required by Section 51.08 of the Texas Family Code.
as amended. the municipal court shall waive original jurisdiction over a
minor who violates Subsection B (1) of this section and shall refer the
minor to the Tarrant County Juvenile Court."
Sec. 2:
THA T the City Secretary is hereby authorized to cause publication of
the descriptive caption and penalty clauses of this ordinance as an
alternative method provided by law.
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AND IT IS SO ORDERED
The firS) reading and public hearing being conducted on the
( 1( J Y . 1994.
I/..
/9 - day of
The iJ,.cond reading and public hearing being conducted on the
. I.{j US! . 1994.
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day of
The ird reading and public hearing being conducted on the
1994.
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day of
ATTEST:
CITY OF COLLEYVILLE
q~;J~
an Harris
City Secretary
Ch~
Mayor
APPROVED AS TO FORM
AND LEGALITY:
2r~
Ross T. Foster
City Attorney
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