HomeMy WebLinkAboutORD 2012-45 - Juvenile CurfewWHEREAS, it is the intent of the City Council to protect the public health, safety, and welfare; and
WHEREAS, the City Council desires to provide for the public safety by re -adopting a curfew to
regulate the movements or actions of persons under 17 years of age; and
WHEREAS, on August 12, 2008, the City Council adopted Ordinance No- 2008-42 establishing a
juvenile curfew; and
WHEREAS, Texas
Local Government Code Sec 372.002
requires the
governing body of a home -rule
municipality to review a juvenile curfew ordinance at least
every three
years; and
WHEREAS, Texas Local Government Code Sec 372.002 requires the governing body to conduct a
public hearing to review the juvenile curfew ordinance's effects on the community and on the
problems the juvenile curfew ordinance was intended to remedy; and
WHEREAS, after conducting the public hearing required by Texas Local Government Code Section
370.002 on June 26, 2012, the City Council found and determined that it would be in the best interest
of the community to readopt the juvenile ordinance as set forth herein.
NOW, . !' BE IT ORDAINED BY i' OF i'
GEORGETOWN, ,
Section
1.
The meeting
at which this
ordinance
was approved was
in all things conducted in
compliance
with the Texas
Open Meetings
Act, Texas
Government Code,
Chapter 551.
Section 2. Chapter 9.13 of the Code of Ordinances is amended as shown on Exhibit A.
Section 3. If any provision of this ordinance or application thereof to any person or circumstance
shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this
ordinance which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are hereby declared to be severable.
Ordinance Number: 6M 1
Description: Juvenile Curfew
Date Approved: July 10, 2012
Page 1 of S
Section 4. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This
ordinance shall become effective in accordance with the provisions of the Charter of the City of
Georgetown.
illifi1 1 A. . i 1
PASSED AND APPROVED ON SECOND READING on the day of j L. k/,2012.
A TTT Orr.
Jessica Brettle ,
City Secretary
Chapman, Actih ity Attorney
George G. Garver,
Mayor
..
Page of 5
'iOrdinance
1. • Approved: July 10, 2012
v
Sec. 9.13.010. - Definitions.
"Curfew hours" means:
la"M-11TIM
(1) 11:00 p.m. until 6:00 a.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday;
(2) 12:00 a.m. until 6:00 a.m. on any Friday or Saturday.
"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for
immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile
accident, or any situation requiring immediate action to prevent serious bodily or loss of life.
"Establishment" means any privately owned place of business operated for profit which the public is
invited, including but not limited to any place of amusement or entertainment.
"Guardian" means:
(1) A person who, under court order, is the guardian of the person or minor; or
(2) A public or private agency with whom a minor has been placed by a court.
"Minor" means a person under 17 years of age.
"Operator" means any individual, firm, association, partnership, or corporation operating, managing,
or conducting any establishment. The term includes the members or partners of an associate or
partnership and the officers of a corporation.
"Parent" means a person who is:
(1) A natural parent, adoptive parent, or step-parent of another person; 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" means any place to which the public or a substantial group of the public has access and
includes, but is not limited to, streets, highways, and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities, and shops.
"Remain" means to:
(1) Linger or stay; or
(2) Fail to leave the premises when requested to do so by a police officer or the owner, operator,
or any other person in control of the premises.
Ordinance Number: Page 3 of 5
Description: Juvenile Curfew Ordinance
Date Approved: July 10, 2012
"School activity" means a field trip or other educational activity organized and chaperoned by the
minor's school, or by the minor's parent if the minor is home -schooled.
"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death,
serious permanent disfigurement, or protracted loss of impairment of the function of any bodily
member or organ.
WWWOUNI HMiM
A. A minor commits an offense if he remains, walks, runs, stands, drives or rides about in or upon
any public place or on the premises of any establishment within the City during curfew hours. A
culpable mental state is not required for a commission of an offense under this Section.
B. A parent or guardian of a minor commits an offense if he knowingly or intentionally 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.
C. The owner, operator, or any employee of an establishment commits an offense if he knowingly or
intentionally allows a minor to remain, walk, run, stand, drive or ride about in or upon the premises of
the establishment during curfew hours.
' 1 t !• *
A. It is a defense under Section 9.13.020 that the minor was:
(1) Accompanied by the minor's parent or guardian, or by his or her spouse who is 18 years of
age or older;
(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 or returning home from an employment
activity, without any detour or stop;
(5) Involved in an emergency;
(6) Attending an official school activity, or a religious, or other recreational activity sponsored
by the City of Georgetown, a civic organization, or a similar entity that takes the responsibility
for the minor going to or from the event, without any detour or stop;
(7) Exercising First Amendment rights protected by the Unites States Constitution, such as free
exercise of religion, freedom of speech, and right of assembly; or
(8) Married or had been married or had disabilities of minority removed in accordance with
Texas Family Code Ch.. 31.
B. It is a defense to prosecution under Section 9.13.020 C. that the owner, operator, or employee of
an establishment promptly notified the police department that a minor was present on the premises
during the curfew hours and refused to leave.
Ordinance Number: Page 4 of 5
Description: Juvenile Curfew Ordinance
Date Approved: July 10, 2012
A. Before taking any enforcement action under this Chapter, a police officer shall ask the apparent
offender's age and reason for being in a 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 the totality of the circumstances, no defense under Section 9.13.030 is
present.
B. The police department shall adopt procedures in compliance with Texas Code of Criminal
Procedure Article. 45.059 (pertaining to children taken into custody for violation of juvenile curfew)
and Texas Family Code Ch. 52 (pertaining to proceedings before and including referral to juvenile
court), as the same may be amended from time to time.
Sec. 9.13.050. - Penalties.
A.
A person
who violates a
provision
of this Chapter is guilty of a class C misdemeanor, and shall
be
punishable
by a fine of not
to exceed
$500.00.
B. When required by the Texas Family Code § 51.08, as amended, the municipal court shall waive
original jurisdiction over a minor who violates Section 9.13.020 A. of this Chapter and refer the minor
to juvenile court.
Sec. 9.13.060. -Review.
A. City council review. Before the third anniversary of the date of the adoption of this section, and
every third year thereafter, the city council shall:
(1) Review the section's effects on the community and on the problems the section was
intended to remedy;
(2) Conduct public hearings on the need to continue the section; and
(3) Abolish, continue or modify the section.
B. Sunset provision. Failure by the City Council to act in accordance with Section 9.13.060 (A) shall
cause this section to expire at 12:01 a.m. July 25, 2015.
Ordinance Number: ft2Ola
Description: Juvenile Curfew Ordinance
Date Approved: July 10, 2012
Page 5 of 5