HomeMy WebLinkAboutOrdinances (O-00-1235)-09/05/2000
ORDINANCE 0-00-1235
AN ORDINANCE REPLACING ORDINANCE 0-94-958, "CURFEW HOURS FOR
MINORS", AMENDING CHAPTER 62, ARTICLE II AND ADDING SECTION 62-41
REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE
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:
Sec. 1.
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:
(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.
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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.
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 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.
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(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.
Sec. 62-38. Defenses to prosecution.
(1) It is a 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;
(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. 2.
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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
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.
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.
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Sec. 3. 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.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 15th day of August, 2000.
The second reading and public hearing being conducted on the 5th day of September,
2000.
ATTEST: JJ ~
~RMC'CMC
Secretary
APPROVED:
Dofi:;)~
Mayor
APPROVED S TO FORM AND LEGALITY:
~;i
RosiF ster
City Attorney