HomeMy WebLinkAboutOrdinance No. 99-16 � . . , �-•- � ' --�- � � ' � . ' -
ORDINANCE NO. 9 9-16
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
ESTABLISHING A CURFEW FOR PER50NS UNDER THE AGE OF 17
YEARS BETWEEN THE HOURS OF 12:01 A.M. AND 5:00 A.M. ON ANY
DAY OF THE WEEK AND BETWEEN THE HOURS OF 9:00 A.M. AND 2:30
P.M. FOR SCHOOL-AGED CHILDREN ON SCHOOL DAYS; PROVIDING IT
IS UNLAWFUL FOR ANY PERSON SUBJECT TO A CURFEW HEREUNDER
TO REMAIN IN ANY PUBLIC PLACE OR ON THE PREMI5ES OF ANY
ESTABLISHMENT WITHIN THE CITY OF FRIENDSWOOD DURING
CURFEW HOURS; PROVIDING IT IS UNLAWFUL FOR ANY PARENT OR
GUARDIAN OF A PERSON SUBJECT TO A CURFEW HEREUNDER TO
KNOWINGLY PERMIT OR, BY INSUFFICIENT CONTROL, ALLOW SUCH
PERSON TO REMAIN IN ANY PUBLIC PLACE OR ON THE PREMISES OF
ANY ESTABLISHMENT WITHIN THE CITY DURING CURFEW HOURS;
PROVIDING IT IS UNLAWFUL FOR ANY PERSON OWNING, OPERATING,
OR IN THE EMPLOYMENT OF ANY ESTABLISHMENT WITHIN THE CITY
TO KNOWINGLY ALLOW A PERSON SUBJECT TO THE CURFEW
HEREUNDER TO REMAIN ON THE PREMISES OF SUCH
ESTABLISHMENT DURING CURFEW HOURS; PROVIDING DEFENSES TO
PROSECUTION FOR VIOLATIONS HEREUNDER; PROVIDING AN
EFFECTIVE DATE; PROVIDING A PENALTY OF AN AMOUNT NOT TO
EXCEED $500.00 FOR EACH DAY OF VIOLATION OF ANY PROVISION
HEREOF; MAKING CERTAIN FINDINGS; REPEALING ORDINANCE NO.
96-13, PASSED AND APPROVED THE 3RD DAY OF NNE 1996, AND ALL
OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR
IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.
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WHEREAS, the City Council of the City of Friendswood, Texas ("City"), has determined
that there has been an increase in juvenile violence,juvenile gang activiry, and crime committed by
persons under the age of 17 years within the City; and
WHEREAS, due to their lack of maturity and experience, persons under the age of 17 years
are particularly susceptible to participate in unlawful and gang-related activities and to be victims of
older perpetrators of crime; and
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WHEREAS, the City 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 responsibiliry for
children, for the protection of the general public, and for the reduction of the incidence of juvenile
violence and criminal activity; and
WHEREAS, a curfew applicable to persons under the age of 17 years will be in the interest
of public health, safety, and general welfare, and will diminish the undesirable impact of such
conduct on the citizens of the City; now , and
WHEREA5, the City Council has reviewed the effect of the curfew restrictions, received a
recommendation from the Chief of Police to continue to curfew restrictions, and has held a public
hearing on the issue as required by law; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE
OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby
found to be true and correct.
Section 2. ose. It is the express purpose of this Ordinance to (a) deter criminal
conduct involving juveniles, (b) reduce the number of juvenile crime victims, (c) reduce injury
from accidents involving juveniles, (d) reduce the additional time police o�cers are required to be
in the field due to juvenile crime, (e) provide additional and more effective means and options for
dealing with gang-related violence and crime, (fj reduce juvenile peer pressure to stay out late, (g)
reduce juvenile peer pressure to participate in violent or criminal activities, and (h) assist parents in
the control of their children.
Section 3. Definitions. For purposes of this Ordinance the following words or terms
sha11 have the meanings ascribed thereto:
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A. Curfew Hours shall mean:
1. 12:01 a.m. unti15:00 a.m. on any day of the week; and
2. 9:00 a.m. unti12:30 p.m. on any Monday, Tuesday, Wednesday, Thursday,
or Friday; provided, however, the hours defined in this paragraph 2 sha11 not be considered as
Curfew Hours for minors not subject to compulsory school attendance pursuant §21.032, TExAs
EDUCATION CODE, nor shall the hours defined in this paragraph 2 be considered as C�rfew Hours
on days or during periods in which the school where the applicable minor is enrolled have been
canceled under the order and direction of officials authorized to issue such orders and directives.
B. EmergencX shall mean any unforeseen combination of circumstances or the resulting
state that calls for immediate action. This term shall include, but not be limited to, a fire, natural
disaster, automobile accident, or any situation requiring immediate action to prevent Serious Bodily
Injury or loss of life.
C. Establishment shall mean 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.
D. Guardian sha11 mean a person who, under court order, is the Guardian of the person
of a minor or a public or private agency with whom a minor has been placed by a court.
E. Minor shall mean any person under 17 years of age.
F. rator shall mean any individual, firm, association, partnership, or corporation
operating, managing, or conducting any Establishtnent. The term includes the members or partners
of an association or partnership and the officers of a corporation.
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G. Parent shall mean a person who is a natural Parent, adoptive Parent, or step-Parent
of a Minor, or a person at least 21 years of age who is authorized by the Parent or Guardian of a
Minor to have the care and custody of such Minor.
H. Police Department shall mean the Friendswood Police Department.
I. Public Place shall mean any place to which the public or a substantial group of the
public has access and shall include, but not be limited to, streets, highways, and the common areas
of schools, hospitals, apartment houses, office buildings, transport facilities, restaurants, theaters,
game rooms, shops, shopping centers or any other place that offers for sale services or
merchandise.
J. Remain shall mean to linger or stay, or 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.
K. Serious Bodily InjurX sha11 mean 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 4. Offenses.
A. It shall be unlawful for any Minor to knowingly remain, walk, run, or stand, or
operate or ride in any motor vehicle or on any bicycle, in or upon any Public Place or on the
premises of any Establishment within the City during C�rfew Hours.
B. It sha11 be unlawful for the Parent or Guardian of a Minor to knowingly pernut or,
by insufficient control, allow a Minor to remain in or upon any Public Place or on the premises of
any Fstablishment within the City during C�u�few Hours.
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C. It shall be unlawful for the owner, Operator, or any employee of an Establishment
to knowingly allow a Minor to remain upon the premises of an Establishment during Curfew
Hours.
Section 5. Defenses.
A. It shall be a defense to prosecution under Section 4 of this ordinance that the
Minor was:
l. accompanied by the Minor's Parent or Guardian;
2. on an errand at the direction of the Minor's Parent or Guardian;
3. in a motor vehicle involved in interstate travel;
4. engaged in lawful employment activity, going directly to the employment
activity, or returning directly to the Minor's residence from the employment activity;
5. involved in an Emergency;
6. on an errand made necessary by an illness, injury, or Emergency;
7. on the sidewalk or public right-of-way abutting the Minor's permanent
residence;
8. attending a school, religious, government-sponsored, or other civic
activity supervised by adults and sponsored by an educational, religious, or
governmental institution, civic organization, or other similar entity, or traveling
directly to or returning from any such school, religious, governmental, or civic
activity.
9. engaged in, participating in, or traveling to or from, any event, function,
or activity for which the application of Section 4 of this Ordinance would contravene
the Minor's rights protected by the United States Constitution, including, but not
limited to, First Amendment rights such as the free exercise of religion, freedom of
speech, or the right of assembly; or
10. married or had been married or had disabilities of Minority removed in
accordance with Chapter 31 of the TExAS F,vv�iLY CoDE.
B. It is a defense to prosecution under Section 4C that the owner, Operator, or
employee of an Establishment promptly notified the Police Department that a Minor was
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present on the premises of the Establishment during Curfew Hours and the Minor refused to
leave.
C. It is a defense to prosecution under Section 4 of this Ordinance that the Minor
had been directed by his or her Parent or Guardian to engage in a specific activity or to carry
out expressed instructions, during the time that the Minor is actually engaged in fulfilling those
directions or responsibilities.
Section 6. Enforcement. Before taking any enforcement action under this
Ordinance, a police officer shall ask the apparent offender's age and reason for being in the
Public Place or Establishment. The officer shall not issue a citation or make an arrest under
this Ordinance unless the officer reasonably believes that an offense has occurred and that,
based on any response or other circumstance, no defense in Section 5 is present.
Section 7. Penalties.
A. A person who violates any provision of this Ordinance shall be deemed guilty of
a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $500.00,
Each day of violation shall constitute a separate offense.
B. When required by Section 51.08 of the TExAS F,��LY CoDE, as amended, the
municipal court shall waive original jurisdiction over a Minor who violates Section 4A of this
Ordinance and shall refer the Minor to the juvenile court.
Section 8. Effective Date. This Ordinance shall take effect on the thirty-first (31st)
day following the date of adoption hereof.
Section 9. Repeal. City of Friendswood, Texas, Ordinance No. 96-13, passed and
approved the 3rd day of June 1996, and all other ordinances or parts or ordinances inconsistent
or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed.
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Section 10. Severabilitv. In the event any clause phrase, provision, sentence, or part
of this Ordinance or the application of the same to any person or circumstances shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it
shall not affect, impair, or invalidate this Ordinance as a whole or any part of provision hereof
other than the part declared to be invalid or unconstitutional; and the City Council of the City
of Friendswood, declares that it would have passed each and every part thus declared to be
invalid or unconstitutional. whether there be one or more parts.
PASSED AND APPROVED on first reading this �th day of June , 1999.
PASSED, APPROVED, and ADOPTED on second and final reading this 21st day of
June , 1999.
Harold L. Whitaker
Mayor
ATTEST
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Deloris McKenz'e, T C
City Secretary
APPROVED AS TO FORM:
John F. Olson
Ciry Attorney Motion: Councilmember Kim Brizendine
2nd: Councilmember Kitten Hajecate
Approved: 5-1 / Tom r�anison Oppossed
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