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HomeMy WebLinkAboutOrdinance No. 01-1296 Curfew Hours for Minors 05/21/01 CITY OF THE COLONY, TEXAS ORDINANCE NO. 0/'/~,~q AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REPEALING ORDINANCE NO. 290, CODIFIED AS ARTICLE III, SECTIONS 13-31 THROUGH 13-40, ENTITLED CURFEW HOURS FOR MINORS, OF CHAPTER 13 OF THE CODE OF ORDINANCES FOR THE CITY OF THE COLONY; ADOPTING NEW PROVISIONS RELATED TO CURFEW HOURS FOR MINORS; PROVIDING DEFINITIONS; ESTABLISHING DESIGNATED CURFEW HOURS; PROVIDING DEFENSES TO PROSECUTION; ESTABLISHING PARENTAL RESPONSIBILITY; PROVIDING ENFORCEMENT; PROVIDING FOR REVIEW OF THE CURFEW ORDINANCE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING 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 noctumal juvenile mischief and crime; and WHEREAS, the City Council did adopt Ordinance No. 290 on August 13, 1984, establishing curfew hours for minors; and WHEREAS, Local Government Code Sec. 370.002 now requires the governing body to review the curfew ordinance every three years; and WHEREAS, The City of the Colony, in accordance with Local Government Code Section 370.002, has conducted a public hearing to determine the continuing need for such regulations; and WHEREAS, the City Council finds it in the best interest to repeal Ordinance No. 290 in it's entirety; 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 Curfew Hours for Minors 05/21/01 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 TItE COLONY, TEXAS: Section 1. Incorporation. 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. Repealer. That Ordinance No. 290, codified as Article III, Sections 13-31 through 13-40, entitled Curfew Hours for Minors, of Chapter 13 of the Code of Ordinances for the City of The Colony is hereby repealed in it's entirety. Section 3. Adoption of Provisions. That new provisions related to curfew hours for minors are hereby established and adopted as follows: Article III Curfew Hours for Minors Sec. 13-31. Definitions. In connection with this article, the following terms, phrases, and words shall have the meaning given herein: (a) Authorized Adult. A person at least eighteen (18) years of age who is authorized by a parent or guardian to have care and custody of a minor. (b) City. The City of The Colony, Texas as defined by its corporate boundaries. (c) Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate attention to prevent serious bodily injury or loss of life. (d) Establishment. 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. (e) Guardian. Guardian means: 1. a person who, under court order, is the guardian of a minor; or 2. a public or private agency with which a court has placed a minor. (f) Minor. Any person under 17 years of age. (g) Parent. A natural parent, adoptive parent, or step-parent of another person, ve the care and custody of a minor. Curfew Hours for Minors 05/21/01 (h) Public Place. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, alleys, highways, sidewalks, playgrounds, parks, plazas, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (h) Remain. 1. to linger or stay unnecessarily in violation of this Ordinance; or 2. to fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. (i) Time of Night. As referred to herein, the time of night is based upon the prevailing standard of time, whether Central Standard Time or Daylight Savings Time. The time observed in the City of The Colony administrative offices and police station shall be prima facie evidence of the time of night. Sec. 13-32. Curfew hours designated. It shall be unlawful for any person under 17 years of age to be or remain in any public place or on the premises of any establishment within the city at night during the period ending at 6:a.m. and beginning: 1. at 11 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday. 2. at 12:01 a.m. on any Saturday or Sunday. Sec. 13-33. Defenses. It shall be a defense to prosecution under section 13-32 of the article where one of the following situations exists: 1. The minor was accompanied by a parent or legal guardian. 2. The minor was accompanied by an authorized adult who has the permission of a parent or legal guardian of a minor to take said parent's place in accompanying said minor for a designated period of time and purpose within a specified area. 3. The minor was engaged in an employment activity, or going to or returning home from an employment activity without any detour or stop. 4. The minor was on an errand at the direction of the minor's parent or guardian, without any detour or stop. 5. The minor was in a motor vehicle involved in interstate travel. Curfew Hours for Minors 05/21/01 6. The minor was involved in an emergency. 7. The minor was on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence. 8. The minor is married or has been married or had disabilities of minorities removed in accordance with Chapter 31 of the Texas Family Code. 9. The minor is attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of The Colony, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from such activity without any detour or stop. 10. The 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. Sec. 13-34 Parental responsibility. A parent or guardian of a minor commits an offense if he knowingly 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. Sec. 13-35 Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on response and other circumstances, no defense in Sec. 13-33 is present. Sec. 13-36. Penalty. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed five hundred dollars ($500.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Sec. 13-37. Review. Before the third anniversary of the date of adopted of Article III. Curfew Hours for Minors, and every third year thereafter, the City Council shall: 4 Curfew Hours for Minors 05/21/01 1. Review the effect on the community and on the problems the ordinance was intended to remedy; 2. Conduct public hearings on the need to continue the ordinance relating to Curfew Hours for Minors; and 3. Abolish, continue or modify the sections. Failure by the City Council to act in accordance with this section shall cause this Ordinance to expire. Section 4. Cumulative Repealer. This Ordinance shall be cumulative of all other ordinances and shall not repeal any of the provisions of such ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance, provided however, that Ordinance No. 290, codified as Article III, Sections 13-31 through 13-40, Curfew Hours for Minors, of Chapter 13 of the Code of Ordinances for the City of The Colony is hereby repealed. Ordinances are parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 290 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. Section 5. Savines: All rights and remedies of the City of The Colony, Texas, are expressly saved as to any and all violations of the provisions of any other ordinance affecting curfews which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 6. Severabili.ty. If any section or provision of this Ordinance or the application of that section or provision to any person, firm, corporation, situation or circumstance is for any reason judged invalid, the adjudication shall not affect any other section or provision of this Ordinance or the application of any other section or provision to any other person, firm, corporation, situation or circumstance, and the City Council declares that it would have adopted the valid portions and applications of the Ordinance without the invalid parts and to this end the provisions of this Ordinance shall remain in full force and effect. Section 7. Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed five hundred dollars ($500.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. Publication. The City Secretary of the City of The Colony is hereby directed to publish the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Curfew Hours for Minors 05/21/01 Section 9. Enerossment and Enrollment. The City Secretary of the City of The Colony is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date Clause in the minutes of the City Council of the City of The Colony and by filing this Ordinance in the Ordinance records of the City. Section 10. Effective Date. That this ordinance shall take effect immediately from and after its passage and approval in accordance with law, and it is so ordained. [~"PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this ~l dayofMay, 2001. ~nvill[-Shannon, Mayor ATTEST: Pamela J. Russell, TRMC, Deputy City Secretary APPROVED AS TO FORM: /~kel; C~ty A~ey - "