HomeMy WebLinkAboutOrdinances (O-10-1748)-04/20/2010ORDINANCE 0-10-1748
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS AMENDING AND
REPLACING ORDINANCE 0-07-1624, "CURFEW HOURS FOR MINORS",
PROVIDING FOR A PENALTY BY FINE NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE;
AND 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:
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Cun`ew hours means:
(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.
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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 returning
home from an employment activity, without any detour or
stop;
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(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 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
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municipality or an order of a county commissioners court, and every
third year thereafter, the governing body of the general-law
municipality or home- rule municipality or the commissioners 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.
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AND IT IS SO ORDERED.
The fi t readin and ublic hearing being conducted on the '% day of
P
2010.
The s cond readin and ublic hearing being conducted on the ~ day of
9 P
2010.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle >
City Attorney
CITY OF COLLEYVILLE
~=~ -~~
David Kelly
Mayor