HomeMy WebLinkAboutORD 2015-40 - Juvenile CurfewAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("'CITY") AMENDING CHAPTER 9.13 OF THE
CODE OF ORDINANCES RELATING TO THE JUVENILE CURFEW;
MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, 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 July 10, 2012, the City Council adopted Ordinance No- 2012-45 amending Chapter
9.13 and establishing a juvenile curfew; and
WHEREAS, Texas Local Government Code Sec 370.002 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 370.002 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 23, 2015, 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, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITT OF
GEORGETOWN, TEXAS THAT
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.
Ordinance Number: QOI K—_�J 0 Page 1 of 2
Description: Juvenile Curfew Ordinance Exhibit A
Date Approved: )UIN 19f 15_
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.
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.
PASSED AND APPROVED ON FIRST READING on the day of J-U0 t5' 2015.
PASSED AND APPROVED ON SECOND READING on the 19 day of;51AL)t 2015.
ATTEST: THE CITY OF GEORGETOWN:
je" ca Brettle, Dale Ross,
City Secretary Mayor
Ordinance Number: c)o 1q- HO Page 2 of 2
Description: juvenile Curfew Ordinance Exhibit A
Date Approved- J kAt�- 140 aO IS-
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(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:
(2) A public or private agency with whom a minor has been placed by a court.
or" 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.
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(1) Linger or stay; or
Ordinance Number: )015--90 Exhibit Page 1 of 3
Description: juvenile Curfew Ordinance
Date Approved: TkAV4 42,
(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.
"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.
Sec. 9.13.020. - Offenses.
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.
Sec. 9.13.030. - Defenses.
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
Ordinance Number: 070 IS"- 40, Exhibit A Page 2 of 3
Description: Juvenile Curfew Ordinance
DateApproved: JIAW 19tao-tr
(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.
Sec. 9.13.040. - Enforcement.
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 reviezo. 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 14, 2018.
Ordinance Number: 0015-40 ExhibitA Page 3 of 3
Description: Juvenile Curfew Ordinance
Date Appro ved 1 :T NLY