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HomeMy WebLinkAboutOrdinance No. 2020-39ORDINANCE NO 2020-39 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 IS UNLAWFUL FOR ANY PERSON SUBJECT TO A CURFEW HEREUNDER TO REMAIN IN ANY PUBLIC PLACE OR ON THE PREMISES 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 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 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 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 Fnendswood now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 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 of this Ordinance to (a) deter criminal conduct involving juveniles (b) reduce the number of juvenile crime vrcttms, (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 (f) 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 tlus Ordinance the following words or terms shall have the meanings ascribed thereto A Curfew Hours shall mean 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 TEXAS EDUCATION 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 Ord No. 2020-39 2 have been cancelled under the order and direction of officials authorized to issue such orders and directives B Emergency 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 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 17 years of age F OMrator 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 Fnendswood 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 Ord No. 2020-39 3 J Remain shall mean to linger or stay or fad 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. Serous Bodily Imury 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 Section 4 Offenses A It shall be unlawful for any Minor to knowingly remain, walk, run or stand, or operate or ride many 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 or Guardian of a Mmoi 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 witlun 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 No 2020-39 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 marred or had been marred 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 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 Ord No 2020-39 5 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 5108 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 Section 8 Notice and Effective Date. The City Secretary shall give notice of the enactment of this Ordinance by promptly publishing it or its descriptive caption and penalty after final passage in the official newspaper of the City the Ordinance to take effect upon publication Section 9. Repeal All other ordinances or parts of ordinances inconsistent or in conflict herewith are to the extent of such inconsistency or conflict, hereby repealed Section 10 Severabdiri 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 Fnendswood 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 51" day of October, 2020 PASSED, APPROVED, and ADOPTED on second and final reading this the 2nd day City Secretary FOFfi��. Ord No 2020-39 6