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HomeMy WebLinkAboutOrdinances (O-07-1624)-07/10/2007ORDINANCE 0-07-1624 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS AMENDING AND REPLACING ORDINANCE 0-00-1235, "CURFEW HOURS FOR MINORS", AMENDING CHAPTER 62, ARTICLE II AND ADDING SECTION 62-41 REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE; PROVIDING FOR A PENALTY BY FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville desires to reduce juvenile crime and victimization, while promoting juvenile safety and well being; and WHEREAS, the City of Colleyville, ahome-rule municipality, is authorized to enact curfew hours for minors; and WHEREAS, criminal activity and mischief caused by minors during the curfew hours defined herein is at unacceptable levels; and WHEREAS, the City of Colleyville is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City of Colleyville deems the passage of this Ordinance to be in the best interest of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Chapter 62, Article II. MINORS of the Colleyville City Code be amended as follows: Sec. 62-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Curfew hours means: Ordinance 0-07-1624 Page 2 of 6 (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Emergency means any unforeseen combination of circumstances or the resulting state that calls for immediate action. Such 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 means 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 means: (1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with whom a minor has been placed by a court. Minor means any person under 17 years of age. Operator 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. Parent means a person who is: (1) A natural parent, adoptive parent or stepparent of another person; or (2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. 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 common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. Ordinance 0-07-1624 Page 3 of 6 Remain means 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 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. Sec. 62-37. 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 such parent or guardian knowingly permits, or recklessly 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 or recklessly allowing a minor to remain upon the premises of the establishment during curfew hours. Sec. 62-38. Defenses to prosecution. (1) It is an affirmative defense to prosecution under section 62-37 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 Ordinance 0-07-1624 Page 4 of 6 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, 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; (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 V.T.C.A., Family Code Chapter 31. Sec. 62-39. Enforcement. Before taking any enforcement action under this division, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall not issue a citation or make an arrest under this division unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense under section 62-38 is present. Sec. 62-40. Jurisdiction. When required by V.T.C.A., Family Code 51.08, as amended, the municipal court shall waive original jurisdiction over a minor who Ordinance 0-07-1624 Page 5 of 6 violates subsection 62-37(a), and shall refer the minor to the county juvenile court. Sec. 62-41. Review of Juvenile Curfew Ordinance. (1) Before the third anniversary of the date of adoption of a juvenile curfew Ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioner's court, and every third year thereafter, the governing body of the general- law municipality or home-rule municipality or the commissioner's court of the county shall: (a) review the Ordinance or order's effects on the community and on problems, the Ordinance or order was intended to remedy: (b) conduct public hearings on the need to continue the Ordinance or order; and (c) abolish, continue or modify the Ordinance or order. (2) Failure to act in accordance with Subsections (a) (1) - (3) shall cause the Ordinance to expire. Sec. 3. THAT any person, firm or corporation violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Hundred Dollars ($200.00). Each day any such violation continues or is allowed to exist shall constitute a separate violation and be punishable hereunder. Sec. 4. THAT If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the description caption and penalty clause hereof as an alternative method of publication provided by law. Ordinance 0-07-1624 Page 6 of 6 AND IT IS SO ORDERED. The fir t reading and public hearing being conducted on the /.~~ day of 2007. The second reading and public hearing being conducted on the /D~ day of 2007. ATTEST: ' Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~• ~~~~~~ ~ Matthew C. G. Boyle City Attorney