The URL can be used to link to this page

Home My WebLink AboutORD 94-34 ORDINANCE NO. (9 - 3 AN ORDINANCE CREATING A NEW CHAPTER 9 ESTABLISHING A CURFEW FOR MINORS;ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A CURFEW DURING SCHOOL DAYS AND HOURS; PROVIDING A PENALTY CLAUSE; CITING SPECIFIC EXCEPTIONS AND DEFENSES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Code of Ordinances of the City of Beaumont is hereby amended to add a new Chapter 9 to read as follows: CHAPTER 9 Section 9-1 Definitions CURFEW HOURS FOR MINORS: Sunday 11:00 PM to 6:00 AM Monday 11:00 PM to 6:00 AM Tuesday 11:00 PM to 6:00 AM Wednesday 11:00 PM to 6:00 AM Thursday 11:00 PM to 6:00 AM Friday 11:00 PM to 6:00 AM Saturday 11:00 PM to 6:00 AM 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, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury 1 or loss of life, or a serious medical condition of sudden onset. MINOR: Any person under 17 years of age. PARENT: Means a person who is: (a) a natural parent, adoptive parent, or step-parent of another person; or (b) at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. GUARDIAN: Means a person who: (a) under court order, is the guardian of the person of a minor; or (b) is a public or private agency with whom a minor has been placed by a court. 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,the common areas of schools,hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. ESTABLISHMENT: Means 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, such as theaters and gamerooms. OPERATOR: Means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. REMAIN: Means to: (a) linger or stay; or (b) 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. SERIOUS BODILY INJURY: Means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 2 Section 9-2 Offenses A. It shall be unlawful for any minor to knowingly remain in any public place or on the premises of any establishment within the city during curfew hours for minors. B. A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows a minor to remain in any public place or on the premises of any establishment within the city during curfew hours for minors. C. The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours for minors. Section 9-3 Defenses A. It is a defense to prosecution under offenses that the minor was: 1. Accompanied by the minor's parent or guardian; 2. Accompanied by an adult authorized by a parent or guardian; 3. On an errand at the direction of the minor's parent or guardian, without any detour or stop; 4. In an motor vehicle involved in interstate travel; 5. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; 6. Involved in a case of "reasonable necessity" after parental notification of the police; 7. Involved in an emergency; 8. 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; 9. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the City of Beaumont, a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning home from the same, without any detour or stop. 3 10. 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; 11. Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. 12. Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. B. It is a defense to prosecution under subsection 9-2 C that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Section 9-4 School Age To Be In School A. Compulsory school age to be in attendance at school; parental duties imposed. 1. No minor between the ages of six (6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day, unless the minor has written proof from school authorities excusing him or her from attending school at that particular time, or unless the minor is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the minor. 2. Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from behaving contrary to subsection 1 of this Section. No person shall fail to fulfill the duty imposed by the Section. 3. Any person who violates subsection 2 of this Section is guilty of failing to supervise a minor of compulsory school age. B. Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16), inclusive, is suspended or expelled from school, then each parent or legal guardian of the minor shall have the following duties for the duration of the suspension or expulsion: 4 1. The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled; and, 2. The duty to prohibit the minor from being at any public place at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances found in Section 9-3 hereof. C. No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to subsection B of this Section. D. No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school or employment had he or she not been suspended or expelled, except in the circumstances described in Section 9-3 hereof. Section 9-5 Penalties: A. It shall be unlawful to intentionally, knowingly, recklessly, or with criminal negligence violate this Section. Such violation shall be a Class C misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00). B. A person who violates a provision of this Chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. C. When required by Section 52.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates subsection 9-2 (A) of this Section and shall refer the minor to juvenile court. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, 5 and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. This Ordinance shall be effective from and after August 1, 1994. P SSED BY THE CITY COUNCIL of the City of Beaumont this the /�, ,r; day of , 1994. - Mayor - 6