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Home My WebLink AboutORD 2018-35 -Amend Juvenile CurfewORDINANCE NO. AN 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 14, 2015, the City Council adopted Ordinance No. 2015-40 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 _, 2018, 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 CITY 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. 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. (00009854 / v / / MUNIGRT / 1I1 /y29/2018) 29/2018) Page 5 of 6 Ordinance Number: ao Description: Juvenile urfeyv Ordinance Date Approved:d , D101 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 CIP day of<YUtV . 2018. PASSED AND APPROVED ON SECOND READING on the iD day of 2018. ATTEST: APPROV S;—I O FOR 7 Charlie McNabb City Attorney (00009954 / v / / MUNICpp/ 111 / 5/29/20181 Ordinance Number: C)1 Description: Juvenile Curf Ordinance Date Approved: Qj THE CITY OF GEORGETOWN Page 5 of 6 CHAPTER 9.13. - JUVENILE CURFEW Sec. 9.13. 10 — Definitions. "Curfew hours" means: (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: {00009854 / v / / MUNICRT / 111 / 5/29/2018} Page 5 of 6 Ordinance Number: Description: Juvenile Curfew Ordinance Date Approved: (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. "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; 100009854 / v / / MUNICRT / 111 / 5/29/20181 Page 5 of 6 Ordinance Number: Description: Juvenile Curfew Ordinance Date Approved (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. 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 review. Before the third anniversary of the date of the adoption of this section, and every third year thereafter, the City Council shall: {00009854 / v / / MUNICRT / 111 / 5/29/20181 Page 5 of 6 Ordinance Number: Description: Juvenile Curfew Ordinance Date Approved: (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, 2021. {00009854 / v / / MUNICRT / 111 / 5/29/2018} Page 5 of 6 Ordinance Number: _ Description: Juvenile Curfew Ordinance Date Approved: