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City of Bryson Juvenile Curfew Ordinance

by Marshall Neal

April 27, 2010

Ordinance No. O-2010-03

City of Bryson

Juvenile Curfew Ordinance

 

An Ordinance by the City Council of the City of Bryson, Texas REGARDING CURFEW HOURS FOR MINORS; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING AFFIRMATIVE DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR PENALTIES AND WAIVER BY THE MUNICIPAL COURT OF JURISDICTION OVER A MINOR WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING FOR REVIEW OF THIS ORDINANCE WITHIN THREE YEARS AFTER THE DATE OF INITIAL ADOPTION AND EVERY THIRD YEAR THEREAFTER; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;  AND PROVIDING AN EFFECTIVE DATE.

 

Whereas,  the City Council of the City of Bryson, Texas has determined that there has been an increase in juvenile violence, vandalism and crime by persons under the age of 17 in the City of Bryson; and

 

Whereas, persons under the age of 17 are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and

 

Whereas, the City of Bryson has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and

 

Whereas, a daytime and nighttime curfew for those under the age of 17 will be in the interest of the public health, safety and general welfare and will help to attain the  foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the City of Bryson;

 

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRYSON, TEXAS that:

 

Section 1.  DEFINITIONS.

 

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Curfew Hours”

  1. From 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and
  2. From 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.

“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 and/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”

  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”

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 a partnership or association, and the officers of a corporation, and any adult employee in charge of its operation.

“Parent” 

A person who is:

  1. A natural parent, adoptive parent or step-parent of a minor; 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”

Any place to which the public or substantial group of the public has access. The term includes, but is not limited to, streets, alleys, highways and the common areas of schools, parks, hospitals, apartment houses, office buildings, transport facilities and shops.

“Remain”  

Shall mean to:

  1. Linger or stay on or in premises; 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” 

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.

 

  Section 2.  OFFENSES.

 

     (A)     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.

     (B)     A parent or guardian of a minor, or other adult person having care and custody 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.

  1. The owner, operator or any other adult person or employee in charge of any establishment commits an offense if he or she does knowingly allow a minor to remain upon the premises of the establishment during curfew hours.

 

  Section 3.  DEFENSES.

 

  1. It is a defense to prosecution under subsection (B) 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, providing 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 responsibility for the minor, or going to or returning home from such activity, without any detour or stop;
    8. Exercising rights protected by the First Amendment of the United States Constitution, such as free exercise of religion, freedom of speech, or the right of a peaceable assembly; or
    9. Married or had been married, or had otherwise had the disabilities of minority removed in accordance with Tex. Family Code, Ch. 31.
  2. It is a defense to prosecution under Section 2(C) if the owner, operator, or other adult person or employee in charge of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and the minor refused to leave.

 

  Section 4.  ENFORCEMENT.

 

Before taking any enforcement action under this section, an 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 chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 3 is present.

 

 

 

 

 

  Section 5. PENALTY.

 

  1. A person who violates this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted.  Each offense, upon conviction or plea, is punishable by a fine not to exceed $500.
  2. When required by the Tex. Family Code, § 51.08, as amended, the Municipal Court shall waive original jurisdiction over the minor who violates this chapter and shall refer the minor to juvenile court.

 

Section 6. REVIEW OF CURFEW ORDINANCE

 

This Ordinance shall be reviewed every third year prior to May of such year as required by Section 370.002 of the Texas Local Government Code. The first review shall be conducted no later than April 30, 2013 and every third year thereafter. Such review shall be conducted following a public hearing regarding the need to continue the Ordinance and the City Council shall have the option to continue, abolish or modify the Ordinance based upon their review of the Ordinance's effects on the community and on the problems the Ordinance is intended to remedy.

 

Section 7. REPEALER

 

The provisions of this Ordinance shall be cumulative of all other ordinances or parts of ordinances governing or regulating the same subject matter as that covered herein provided, however, that all prior ordinances or parts of ordinances inconsistent or in conflict with any of the provisions of this Ordinance are hereby expressly repealed to the extent that such inconsistency is apparent.

 

Section 8. SEVERABILITY

 

If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.

 

Section 9. EFFECTIVE DATE

 

This Ordinance shall take effect immediately from and after its passage and publication as may be required by governing law.

 

 

 

 

 

Section 10. PROPER NOTICE AND MEETING

 

It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 52 of the Texas Local Government Code.

 

PASSED AND APPROVED on this the 15th day of April, 2010.

 

 

                                                                                    

 
 

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