HomeMy WebLinkAboutOrdinance No. 2005-18 (Title: An Ordinance establishing juvenile curfew hours,providing defenses to prosecution
under the ordinance,providing an effective date,providing a penalty, repealing Ordinance
no. 2002-14, and providing for severability.)
ORDINANCE NO. 2005-18
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
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, AND BETWEEN THE HOURS OF 9:00 A.M. AND
2:30 P.M. FOR SCHOOL-AGED CHILDREN ON SCHOOL DAYS;
PROVIDING IT UNLAWFUL FOR ANY PERSON SUBJECT TO A
CURFEW HEREUNDER TO REMAIN IN ANY PUBLIC PLACE OR ON
THE PREMISES OF ANY ESTABLISHMENT WIT�IIN THE CITY OF
FRIENDSWOOD DURING CURFEW HOURS; PROVIDING IT
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 WITffiN THE CITY DURING CURFEW HOURS;
PROVIDING IT 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. 2002-14, PASSED AND APPROVED
THE 15 DAY OF JULY, 2002, AND ALL OTHER ORDINANCES OR
PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City Council has determined that as a direct result of implementing a
juvenile curfew the incidents of juvenile crime and juvenile victimization has been reduced; and
WHEREAS, the City Council hereby finds and determines that the re-adoption of a
juvenile curfew is necessary 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 violence and
criminal activity; and
WHEREAS, a curfew applicable to persons under the age of seventeen(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 of Friendswood; now,therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FEINDSWOOD,
STATE OF TEXAS:
Section 1. The facts and matters set fourth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. Purpose. 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 officers 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, (� reduce juvenile peer pressure to stay out
late (g) reduce juvenile peer pressure to participate in violence 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
shall have the meanings ascribed thereto:
A. Curfew Hours shall mean:
1. 12:01 a.m. until 5:00 a.m. on any day of the week; and
2. 9:00 a.m. until 2:30 p.m. on any Monday, Tuesday, Wednesday,
Thursday, or Friday; provided, however, the hours defined in this
paragraph 2 shall not be considered as Curfew Hours for minors
not subject to compulsory school attendance pursuant §21.032,
TE�s EDUCAT�oN CoDE, nor shall the hours defined in this
paragraph 2 be considered as Curfew Hours on days or during
periods in which the school where the applicable minor is enrolled
o�a.2oos-ia 2
have been cancelled under the order and direction of officials
authorized to issue such orders and directives.
B. Emer�y 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 ar
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, 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 seventeen(17)years of age.
F. Operator shall mean 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.
G. Parent shall mean a person who is a natural Parent, adoptive Parent, or
stepparent 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 Bodilv 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
organ.
Ord.2005-18 3
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 Curfew Hours.
B. It shall be unlawful for the Parent ar Guardian of a Minor to knowingly
permit or, by insufficient control, allow a Minor to remain in or upon any
Public Place or on the premises of any Establishment within the City
during Curfew Hours.
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:
1. 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;
Ord.2005-18 4
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 FAMILY
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 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
Ord.2005-18 5
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 Family 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.
SecNon 8. Effective Date. This Ordinance shall take effect on the thirtieth(30�') day
following the date of adoption hereof.
Section 9. Re�eal. City of Friendswood, Texas, Ordinance No. 2002-14, passed and
approved the 15th day of July, 2002, and all other ordinances or parts of ordinances inconsistent
or in conflict herewith are,to the extent of such inconsistency or conflict, hereby repealed.
ord.2oo5-t a 6
Section 10. Severability. 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 llt�day of Julv,2005.
PASSED,APPROVED, and ADOPTED on second and final reading this 25tb day of
July,2005.
CITY OF FRIENDSWOOD, TEXAS
�'y .� �
Kimball W. Brizendine
Mayor
ATTEST:
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Deloris McKenzie, T C � , *
City Secretary �� Y �P;�
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Ord.2005-18 7