HomeMy WebLinkAboutOrdinance No. 290 THE CITY OF 'TH~ COLON\
ORDINANCE NO. &q~)
AN ORDINANCE OF THE CITY OF THE COLONY,
TEXAS ESTABLISHING CURFEW HOURS FOR MINORS;
PROVIDING DEFINITIONS; REGULATING USE
OF STREETS DURING NOCTURNAL HOURS: PROVIDING
DEFENSES; ESTABLISHING PARENTAL RESPONSIBILITY:
PROVIDING POLICE PROCEDURES; PROVIDING A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS,
AND THAT EACH DAY THE VIOLATION CONTINUES
SHALL CONSTITUTE A SEPARATE OFFENSE;
REPEALING INCONSISTENT ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY AND AN EFFECTIVE DATE.
WHEREAS, the City Council has an interest in protecting minors due to
their peculiar vulnerability and inability to make critical decisions in an informed,
mature manner as a result of their lack of experience, perspective and judgment;
and
WHEREAS, the City Council has an interest in controlling and preventing
nocturnal juvenile mischief and crime; and
WHEREAS, the City of the Colony within the recent past years has
experienced an increase in nocturnal juvenile mischief and crime; and
WHEREAS, there has been a noticeable increase in the potential dangers
and risks incident to minors being on the streets and in parking tots, whether public
or private, and public parks owned or used by the city at night, and
WHEREAS, the City Council desires to regulate the conduct of minors on
the streets and parking lots, whether public or private, and public parks owned or
used by the city at night; all for the good of the minors, for the furtherance of
family responsibility, and for the public good, safety and welfare; and
WHEREAS, the City Council believes this ordinance establishing curfews
shall meet the need to protect minors as well as minimize juvenile delinquency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY:
Section 1. That all of the above premises are found to be true and
correct and are incorporated into the body of this ordinance as if copied in their
entirety.
Section 2. Definitions. In connection with this ordinance the following
terms, phrases, and words shall have the meaning given herein:
(a) City - The City of The Colony, Texas, as defined by its
corporate boundaries.
(b) Minor - Any person under the age of 17, or~ in equivalent
phrasing often herein employed, any person 16 or less years of age.
(c) Parent - Any person having legal custody of a minor (i) as a
natural or adoptive parent~ (ii) as a legal guardian, (iii) as a person
who stands in loco parentis or (iv) as a person to whome legal
custody has been given by order of court.
(d) Parking lot - Any area, whether paved or unpaved, whether
public or private~ used or intended to be used lot the storage or
parking of vehicles.
(e) Remain - To stay behind, to tarry or to stay unnecessarily upon
the streets or parking lots of the City.
(f) Street - A way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular travel or in
the case of a sidewalk ;'~e~,o? :" ~d~strian travel. Ti~e term street
includes the legal right of '.,'a). mcJudmg but not limited to trafl~c
lanes~ the curbs, the sldc~V~d}~,s, ~aether paved or unpaved, and any
grass plots or other grounes found within the legal right of way of a
street. The term street a; ',lies irrespective of what it is called or
formally named, whether dmz, a, enue, court, road or otherwise.
(g) Time o~ night - As referred to herein, the time of night is based
upon the prevailing standard of time~ whether Central Standard Time
or Central Daylight Sa~mg Tm~e. The time observed in the City of
The Colony Administrative Offices and police Station shall be prima
facie evidence of the time of night.
(h) Year of Age Continues from one birthday, such as the
sixteenth to (but not including the day of) the next, or,
seventeenth birthday, making it clear that 16 or less years of age is
herein treated as equivalent to the phrase "under 17 years of age".
(i) Park - a park, reservation, playground, recreation center, or any
area in the city owned or used by the city and devoted to active or
passive recreation, including all planted medians, parkways, triangles
and traffic circles, maintained by the city.
Section 3. Curfew Hours for Minors. It shall be unlawful for any person
16 or less years of age (under 17) to be or remain in or upon the streets, parking
lots, or parks within the City at night during the period ending at 6 A.M. and
beginning:
(a) at 11 p.m. for minors 13 or less years of age;
(b) at 1:00 a.m. for minors 1#, 1~, or 16 years of age.
Section ~. Defenses. It shall be a defense to prosecution under Section 3
of this ordinance where one of the following situations exists:
(a) The minor was accompanied by a parent.
(b) The minor was accompanied by an adult authorized by a parent
of such minor to take said parent's place in accompanying said minor
for a designated period of time and purpose within a specified area.
(c) The minor was in route to or from the following:
(1) A place of the minor's employment;
(2)A restaurant, library, movie theatre, store or other place
of public accomodation;
(3) A play, dance, sporting event or other event of public
entertainment;
(4) A church, meeting hall, school, courthouse or other place
of public assembly or worship.
(d) A minor was exercising First Amendment rights protected by
the United States Constitution, such as the free exercise of religion,
freedom of speech and the right of assembly.
Section 5. Parental responsibilt¥. It shall be unlawful for a parent
having legal custody of a minor knowingly to permit or by inefficient control to
allow, such minor to be or remain upon any City street or parking lot under
circumstances not constituting a defense to, or otherwise beyond the scope of, this
ordinance. The term "knowingly" includes knowledge which a parent should
reasonably be expected to have concerning the whereabouts of a minor in that
parent's legal custody. It is intended that a reasonable community standard of ·
parental responsibility be applied through an objective test. it shall be no defense
that a parent was completely indifferent to the activites or conduct or
whereabouts of such minor.
Section 6. Police procedures. A police officer of the City, upon finding
or having attention called to any minor on the streets~ in a parking lot~ or park
area, in prima facie violation of this ordinance, normally shall take the minor to the City
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Police Station, where a parent shall imme(na~eiy be notified to come for such
minor, whereupon the minor ~r~ the ~,arents may be questioned under
constitutional safeguards to ascertain the relevant facts. In the absence of
convincing evidence such as a birth certific0Te, a policeman on the street shah
use his best judgment in determining age. When a parent has come to take
charge of the minor, and the appropriate information has been recorded, the
minor shall be released to the custody of such parent. If the parent cannot be
located, or fails to take charge of the minor, then the minor shall be re]eased
to the juvenile authorities.
Section 7. Penalty. Any person violating any of the provisions of this
ordinance shall be deemed guilty of o misdemeanor and upon conviction therof
shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) and a
separate offense shall be deemed committed upon each day during or on which
a violation occurs or continues.
Section 8. Repeal of inconsistent ordinances. That all ordinances or
parts of ordinances inconsistent or in conflict with the provisions of this
ordinance are hereby expressly repealed.
Section 9. Severability. If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereto any person or
circumstances is held invalid or unconstitutional by a Court of competent
jurisdiction, such ho]ding shall not affect the validity of the remaining portions
of the ordinance; and the City Council hereby declares it would have passed such
remaining portions of the ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 10. Emergency. The fact that the present ordinances and
regulations of the City are inadequate to properly safeguard the health, safety,
morals, peace and general welfare of the inhabitants of the City creates an
emergency for the immediate preservation of the public business, property,
health, safety and general welfare of the public which requires that this
ordinance shall become effective from and after the date of its final passage,
and it is accordingly so ordained.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas on this the I'~ day of ~L~-~L~{'- , 1984.'
Cit~'~he Colony~ Texas
ATTEST:
City~/~_ retary, City of The Colony,Texas
[SEAL]
APPROVED AS TO FORM:
y Attorney, '~ity ~rhe Colony, Texas
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