HomeMy WebLinkAboutORD 05-093 ORDINANCE NO. 05-093
ENTITLED AN ORDINANCE REVIEWING AND
READOPTING CHAPTER 9 OF THE CODE OF
ORDINANCES ESTABLISHING A CURFEW FOR MINORS;
ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A
PENALTY CLAUSE; CITING SPECIFIC EXCEPTIONS AND
DEFENSES; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
REPEAL.
WHEREAS, the Texas Local Government Code Section 370.002 requires the City
Council to conduct a public hearing on the need to continue a Juvenile Curfew Ordinance;
and,
WHEREAS,the City Council has reviewed the ordinance's effects on the community
and on the problems the ordinance was intended to remedy; and,
WHEREAS,the City Council is of the opinion that sufficient need exists to continue
the Juvenile Curfew Ordinance within the City of Beaumont, Texas:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 9 of the Code of Ordinances of the City of Beaumont is hereby
readopted to read as follows:
CHAPTER 9
Section 9.1 PURPOSE
The purpose of this ordinance is to:
(A) promote the general welfare and protect the general public through the
reduction of juvenile violence and crime within the City;
(B) promote the safety and well-being of the city's youngest citizens, persons
under the age of seventeen (17), whose inexperience renders them
particularly vulnerable to becoming participants in unlawful activities,
particularly unlawful drug activities, and to being victimized by older
perpetrators of crime; and,
(C) foster and strengthen parental responsibility for children.
Chapter 9 CURFEW FOR MINORS
Sec. 9-2. Definitions.
Curfew hours for minors:
Sunday 11:00 p.m. to 6:00 a.m.
Monday 11:00 p.m. to 6:00 a.m.
Tuesday 11:00 p.m. to 6:00 a.m.
Wednesday 11:00 p.m. to 6:00 a.m.
Thursday 11:00 p.m. to 6:00 a.m.
Friday 12:00 a.m. to 6:00 a.m.
Saturday 12:00 a.m. to 6:00 a.m.
Emergency: An unforeseen combination of circumstances orthe 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 or loss of life, or a serious medical condition
of sudden onset.
Minor: Any person under seventeen (17) years of age who has not been
emancipated by court order pursuant to Chapter 31 of the Texas Family
Code.
Parent: A person who is:
(A) A person who is a minor's biological, adoptive, or
step-parent and who has legal custody of a minor
(including either parent, if custody is shared under a
court order or agreement);
(B) A person who is the biological or adoptive parent
with whom a minor regularly resides;
(C) A person judicially appointed as a legal guardian of the
minor; and/or,
(D) A person eighteen (18) years of age or older
standing in loco parentis (as indicated by the
authorization of an individual listed in part(s)(a), (b)
or (c) of this definition, above, for the person to
assume the care or physical custody of the child, or
as indicated by any other circumstances).
Guardian: 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: Any place to which the public or a substantial group of
the public has access and includes, but is not limited to,
parks, 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: Any privately-owned or leased place of business or
leased public facility 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
game rooms.
Operator: 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: (A) Linger or stay at or upon a place (premises); or
(B) Fail to leave the place/premises when
requested to do so by a police officer or the
owner, operator, or other person in control
of the place/premises.
Serious bodily
injury: 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.
Sec. 9-3. Offenses.
(A) It shall be unlawful for any minor to knowingly remain in or
upon any public place, or to remain in any motor vehicle
operating or parked therein or thereon, or to remain in or
upon 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, encourages, or by insufficient control
allows a minor to remain in or upon any public place, or to
remain in any motor vehicle operating or parked therein or
thereon, or to remain in or upon the premises of any
establishment within the city during curfew hours for minors.
(C) The owner, operator, or any employee of any private
establishment or the lessee of any public facility commits an
offense if he or she knowingly permits, allows,or encourages
a minor to remain in or upon the premises of the
establishment during curfew hours for minors.
I
(D) It shall be unlawful for any person (including any minor) to
give a false name, address, date of birth, or telephone
number to any officer investigating a possible violation of this
section 9.3.
Sec. 9-4. 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, and the minor has in his or her
possession a writing signed by the parent containing
the following information: the name, signature,
address and telephone number of the parent
authorizing the errand,the telephone number where
the parent may be reached during the errand, the
name of the minor, and a brief description of the
errand, the minor's destination(s)and the hours the
minor is authorized to be engaged in the errand; or,
(4) In a 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.
(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 9-3(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 Ieave.Sec. 9-5. 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 9-5(a)(1) of this section. No
person shall fail to fulfill the duty imposed by the
section.
(3) Any person who violates subsection 9-4(a)(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:
(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
establishment or 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 9-4 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 9-5(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 establishment or 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
9-4 hereof.
Sec. 9-6. 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).
(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 51.08 of the Texas Family Code,
as amended, the municipal court shall waive original
jurisdiction over a minor who violates subsection 9-3(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, orthe
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, 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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
December, 2005.
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IV
a••• Mayor Guy N. Goodson -