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ORD 863 08/12/2008 ORDINANCE NO. 863 AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS UNDER SEVENTEEN YEARS OF AGE TO PROHIBIT BEING IN ANY PUBLIC PLACE BETWEEN THE HOURS OF 11:00 P.M. AND 5:00 A.M. WEEKDAYS, AND MIDNIGHT AND 5:00 A.M. WEEKENDS; PROVIDING AN ENFORCEMENT PROCEDURE; ESTABLISHING CRIMINAL PENALTIES FOR MINORS AND FOR PARENTS OF MINORS AND ADOPTING CERTAIN EXCEPTIONS AND FURTHER PROVIDING FOR REVIEW OF THE EFFICENCY OF THIS ORDINANCE EVERY THREE YEARS FROM AND AFTER THE DATE OF PASSAGE HEREOF; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Cibolo has determined that there has been an increase in juvenile violence, juvenile gang activity and an increase in crime by persons under the age of seventeen in the City of Cibolo; and WHEREAS, persons under the age of seventeen are particularly susceptible to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime due to their lack of maturity and experience; and WHEREAS, the City of Cibolo has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control and responsibility for their children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and WHEREAS, the imposition of a curfew would serve as a means to protect non- delinquent youth from crime and to deny delinquent youth the opportunity to engage in criminal behavior as well as prevent juveniles from remaining idly and purposelessly on the streets during the late hours of the night and early hours of the morning; and WHEREAS, a curfew would equip law enforcement with a tool for keeping youth off the streets, and provide parents with a legitimate, legal basis for restricting the activities of their children; and WHEREAS, the City Council of the City of Cibolo finds and determines that a curfew for those under seventeen years of age will be in the interest of the public health, safety, and general welfare, and will help to attain the foregoing objectives and will continue to diminish the undesirable impact of such conduct on the citizens of the City of Cibolo. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. Definitions: (a) "minor" shall mean any person over nine years of age and under seventeen years of age. (b) "parent" shall mean a person who is the natural or adoptive parent of a person. As used herein, "parent" shall also include a court appointed guardian or other person eighteen years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a person. (c) "guardian" shall mean any person to whom custody of a minor has been given by a court order. (d) "emergency" shall include but not be limited to fire, natural disaster, an automobile accident, or obtaining immediate medical care for another person. (e) "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, highway, and the common areas of schools, hospitals, apartments, houses, office buildings, transport facilities, and shops. SECTION 2. Offenses: (a) It shall be unlawful for any minor to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the City of Cibolo between the hours of 11:00 P.M. and 5:00 A.M. on weekdays and Midnight and 5:00 A.M. on weekends. (b) It shall be unlawful for the parent having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in Section 2(a) of this Ordinance. SECTION 3. Defenses: It is a defense to prosecution under Section 2 of this Ordinance that: (a) The minor was accompanied by his or her parent; (b) The minor was accompanied by another adult approved by the parents; (c) The minor was on an emergency errand; 2 of 4 (d) The minor was attending a school, government sponsored, or religious activity or was going to or coming from a school, government or religious sponsored activity without detour or stop; (e) The minor was engaged in lawful employment or volunteer work at a recognized charitable institution or was going to or coming from such activity without detour or stop; (f) The minor was on the sidewalk of the place where such minor resides or on the sidewalk of a place where the minor has permission from his/her parent or guardian to be or on the sidewalk of a next-door neighbor not communicating an objection to the police officer; (g) The minor was upon an errand directed by his or her parent; (h) The minor was in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area is the most direct route; (i) The minor was exercising his or her First Amendment Rights protected by the United States or Texas Constitution, including, but not limited to the free exercise of religion, freedom of speech and freedom of assembly. SECTION 4. Penalties: (a) Any minor violating the provisions of this Ordinance shall be guilty of a Class "C" misdemeanor as defined in the Texas Penal Code and shall be dealt with in accordance with the provisions of Title 3 of the Texas Family Code. (b) A parent of a minor violating this Ordinance shall be guilty of a Class "C" misdemeanor, which shall be punishable by a fine of not less than $50.00 nor more than $500.00. SECTION 5. Review Pursuant to Texas Local Government Code 370.002 the City Council shall review this juvenile curfew ordinance every three (3) years from and after the date of passage hereof to determine: (a) the effects on the community and on problems the ordinance is intended to remedy; (b) to conduct a public hearing on the need to continue the ordinance; and (c) if necessary or appropriate to abolish, continue, or modify this ordinance. 3 of 4 SECTION 6. Severability It is hereby declared to be the intention of the City Council that if any of the sections, paragraphs, sentences, clauses and phrases of this Ordinance shall be declared unconstitutional or otherwise illegal by the valid judgment or decree of any court of competent jurisdiction, such event shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or illegal phrase, clause, sentence, paragraph or section. SECTION 7. Effective Date: This Ordinance shall become effective upon passage and publication in a newspaper of general circulation for two consecutive weeks Vennif r Hartman, Mayor City of Cibolo, Texas ATTEST: vy'J Peggy Cimics City Secretary City of Cibolo, Texas APPROVED AS TO FORM: Office of the City Attorney 4 of 4