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Home My WebLink AboutOrdinance No. 95-05:.% • ' ,. , , , � j� . _. . -- - � . , . . , _ . . � . • • , , . . ORDINANCE N0. 95-5 AN ORDINPI�CE ESTABLISHING A CURFEW FOR PERSONS 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, AN�D BETWEEN THE hOliRS OF 9:00 A.M. AND 2:30 P.M. FOR SCHOOL-AGED CHILDR�N ON SCHOOL DAYS; PROVIDING IT IS UNLAWFUL FOR ANY PERSON SUBJEGT TO A CURFEW HEREUI�TL�ER TO REMAIlvT IN ANY PUBLIC PLACE OR ON THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY OF FRIENDSWOOD DURING CURFEW HOUP.S; ' PR04'IDING IT IS UNLA�vFUL F`UR ANY PARFNT OR GUARDIAN OF A PERSGN SUBJECT TO A CURFEW HEREUNDER TO KNQWIIvGLY PERMIT, OR BY INSUFFICIENT CONTROL ALLOW, SUCH PERSON TO RII�fAIN IN ANY PUBLIC PLACE OR ON THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY OF FRIEIv'DSWOOD DURING CliRFEW HOURS; PRO�jIDING IT IS UNLAWFUL FOR AIvTY FERSON UwNING, OPERATING, OR IN THE EMPLOYMENT OF ANY ESTABLISHMENT IN THE CITY OF FRIENDSWOUD TO KNOWINGLY ALLGW A PERSON SliBJECT TO THE CL'RFEW HERELTTDER TO REMAIN Olv' THE PREMISES OF SUCH ESTABLISI-�2ENT DURING CURFEW HbURS; FROVIDING DEFENSES TO PROSECUTION FOR VIOLATIONS HEREUNDER; PROVIDING AN EFFECTIVE DATE; PROVIDIN� A SUNSET FROVISION; PROVIDING A PENALTY OF AN AMOUNT NOT TO EkCEED $500.00 FGR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; N`,AKI1�G CERTAIN FINDINGS; REPEALING ALL ORDINANCES OR PARTS OF ORDINAI�TCES INCONSISTENT OR IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. * * * �e � * * WHEREAS, the City Council has determined that the interests of public health, safety, and general welfare are served by stable families whose members respect ar.d support the laws of the community; aiid WHEREAS, the City Council has determined that the activities of juveniles increasingly involves acts of violence and crime committed by persons under the age of 17; and WHEREAS, due to their lack of maturity and inexperience, persons under the age cf 17 years are particula.rly suscegtible to participate in unlawful activities and to be the victims of older perpetrators of crime; and WHEREAS, the City Council has determined that unexcused absences from schools are increasing and constitute a threat to 1 i . . . !� � ,.�.� � . . . : . , . . . the effective completion of education needed by persor.s under 17 years of age; and WHEREAS, the City Council has determined that juven.ile involvement in criminal activities, violence and absence from school undermines and materially threatens the stability of £amily and community; and WHEREAS, the City of Friendswood has ar� obligation to provide for the protection of �inors from each other and from other person.s, for the suppart and enforcemer►t of parental efforts to lead children to responsibility, for the protection of the general public, ard for the reduction af the incidents of juver_il_e involvement in violence and crime; and WHEREAS, a curfew applicable to persons under the age of 17 will be in the interest of public health, safety, and general welfare, and will diminish the undesirable ia�pact of such cor�duct on the citizens of the City of Friendswood; nc�w therefare 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. Purpose. It is the express purpose af 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) provide additional and more effective m.eans and ogtions for dealing with youth-related violence and crime, (e) reduce juvenile peer pressure to stay out late and (f) reduce juvenile peer pressure te participate i� violent or criminal activities. Section 3. Definitions. For purposes of this Ordinance the following words or terms shall have the meanings ascribed thereto: (A) Curfew Hours shall mean: (11 12:01 a.m. until 5:00 a.m. on any day of the week; and (2) 9:00 a.m, until 2:36 p.m. on any Monday, Tuesday, We�nesday, Thursday, or Friday; provided however, the hours defined in this paragraph (2) shall not be considered as Curfew Hours for minors subject to the compulsory school attendance pursuant to 21.Q32, Texas Education Code, nor shall the hours defined in this paragraph (2) be considered Curfew Hours on days or during periods in which the school where the appl_icable minor Qrdinance 95-5 Page 2 L . f . � � ,--� • . . . : . , . . . have been canceled under the arder and direction of officials authorized to issue such orders and directives. (B) Emergency shall mean ar.y unforeseen combination of circumstances or the result?ng 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 harm 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 shall mean a person who, unc�er court order, is the guardian of the person or a minor or public or private ager.cy with whom a minor has been placed by a court. (E) Minor shall mean any person ur_der 17 years of age. (F) Operator shall mean any individual, firm, associaticr., partr.ership, or corporation operating, managing or conducting any establisr�mer.t. The term includes the memberG cr partners of an association or partnership and the afficers af a corporation. (G) Parent shall mean a person whc is a natural garent, adoptive paren.t, cr. step-parent of a minor, or a person at least 21 years of age who is authorized by the parent cr guardian of a minor to have the care and custody of such minor. (H) Police Department shall uean the Friendswood Folice 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 hovses, office buildings, transpert faciliti.es, restaurants, theaters, game rooms, shops, shopping centers or any other place that offers for sale services or merchandise. (J) Serious Bodily Injury shall 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 orgar. (k) Insufficient Control shall mean to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable and Ordinance 95-5 Page 3 �_ � � _ � .' ' . , . . similarly situated adult would leave a child of that age and ability. Section 4. Offenses. (A) It shall be unlawful for any �inor to knowingly remain, walk, run, or stand, or operate or ride in any motor vehicle or bicycle, in or upon any public place or on the premises of any establishment within the City during curfew hours. (B) It shall be unlawful for the parent or guardian of a minor to knowingly permit, or by insufficient control allow a minor to remain in or upon any public place ar on the premises of any establishment within the City during curfew hours. (C) It shall be unlawful for the owner, operatcr, or any employee of an establishment to knowir.gly 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: (1) accompanied by the minor's parent or guardian; (2) on an errand at the direction of the minor's parent or guardiar_; (3) in a motor vehicle involved in interstate travel; (4) engaged in lawful employment activity returning directly to the minor's residence from the em�ployment activity, or traveling directly from the minor`s residence to the minor's employment activity; (5) involved in an emergency; (6) on an errand made necessary by an illness, injury, or emergency; (7) on the sidewaJ.k or gublic right-of-way abuttiiig the minor's permanent residence; (8) attending a school, religious, or government sponsored or other civic activity supervised by adults and spansored by an educational, religious, or governmental institutior., civic organization, or other similar er:tity, or traveling directly to or returning from any such schcol, religious, governmental or civic activity. (9) engaged, participating in, or traveling to or from any event, function, or activity for which the application cf 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 Ordinar.ce 95-5 F'age 4 �✓ . • .t ��' ` � , . ._ .�- __ _.�1 free exercise cf religion, freedom of speech, or the right of assembly; or (10) married or had been married or had disabilities of mir�ority removed in accordance with Chapter 31 of the Texas Family Code. (B) It is a defense to prosecution under Section 4(C) that the owner, operatcr, or employee of an establishment promptly notified tre police department that a m�inor was present on the premises af the establishment during curfew heurs and the �inor 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 sgecific 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 ar:y enforcement action under this Ordinance, a police officer shall ask the apparent offender's age and reason for being in the public place or establishmer.t. The officer shall not issue a citation or make ur arrest under this Ordinance unless the officer reasonably believes that an offense has occurred and that based on any response or ether circumstances, no defense in Section S is presen.t. Section 7. Penalties. (A) A person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fin.ed 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 Family Code as amended, the municipal court shall waive original jurisdiction over a minor who violates Section 4(A) of this Ordinance and shall refer the minor to the juvenile court. Section 8. Effective date. This ordinance shall take effect on the sixty-first (61st) day fallowing the date of adoption hereof. Section 9. Sunset Provision. This ordinance shall be deemed repealed following the expiration of 180 days after the effective date hereof. Ordinance 95-5 Page 5 ^^-� . Section 10. All ordinances or parts of ordinances incor�sistent or in cor.flict herewith are, to the extent of such i.nconsistency or conflict, hereby repealed. Section 11. 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 an� reason be adjudged invalid or held unconstitutional by a court of campetent jurisdiction, it shall not affect, impair, or invalidate this Crdinance as a whole or any part of provision hereof other than the part declared to be invalid or unconstitution_al; 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 ar more parts. PASSED AND APPROVED on first reading this 6th day of March 1995. PASSED, APPROVED, and ADOPTED on second/second and final reading this 3rd day of April 1995. �y �.� Mayor elyn B Newman ATTEST: c s Deloris McKenzie, TRM City Secretary APPROVED AS TO FORM: . L{/• Jo n F. Olson City Attorney Ordinance 95-5 Page 6