§ 22-2. Curfew for minors.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

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 or any situation requiring immediate action to prevent serious bodily injury or loss of life.

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.

Minor means an individual under the age of 17 years or any person subject to compulsory school attendance.

Operator means any individual, firm association, partnership or corporation operating, managing or conducting any establishment, including the members or partners of an association or partnership and the officers of a corporation.

Parent means a natural or adoptive parent, step-parent, person in loco parentis or legal guardian of the person of the child.

Public place means any pace to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common buildings, transport facilities and shops, but does not include a lot containing and used with a residential dwelling if the minor is there with consent of his parents and the owner or tenant who occupies the residential premises.

Remain means to:

(1)

Linger or stay; or

(2)

Fail to leave the premises when requested to do so by a peace officer or the owner, operator or other person in control or the premises.

(b)

Curfew established; hours. A person commits an offense if he:

(1)

Is a minor; and

(2)

Appears in a public place between the hours of 11:00 p.m. and 6:00 a.m.; or

(3)

Appears in a public place between the hours of 9:00 a.m. and 4:00 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday, provided the minor is subject to compulsory school attendance pursuant to Texas Education Code § 21.032, and provided the school in which minor is enrolled is not closed or classes for which minor is enrolled have not been cancelled under the order and direction of officials authorized to issue such orders and directives.

(c)

Affirmative defenses. It is an affirmative defense to prosecution for violation of subsection (b) of this section that the person appeared in a public place:

(1)

Because of an emergency which the person reasonably believed would affect the physical wellbeing or the property interests of himself or another;

(2)

At the direction of a peace officer;

(3)

Was accompanied by his parent or another adult over the age of 21 years whom his parent entrusted with his care;

(4)

As an incident of attendance with parental consent at a meeting, dance, theater, sporting event or other activity, supervised by adults and sponsored by a school, church, civic organization or other similar entity, which takes responsibility for such minor;

(5)

As an incident of lawful employment or going to or returning from home from an employment activity;

(6)

As an incident of interstate travel;

(7)

Was emancipated;

(8)

While necessarily traveling in a direct route to or from a place he is permitted to be under this section; or

(9)

Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, 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.

(d)

Inquiry before arrest. Before making an arrest under this section, a peace officer shall inquire of the apparent offender his age and reason for being in the public place and will not arrest unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, that one of the defenses is not present.

(e)

Duty of parents, etc. Natural or adoptive parents, a legal guardian, person in loco parentis, or other person with legal custody or control of a minor commits an offense if he/she knowingly permits, or by criminally negligent control allows, the minor to appear in a public place in violation of this section.

(f)

Inducement of violation. A person commits an offense if he induces, encourages, or assists a minor to appear in a public place in violation of this section.

(g)

Permitting violation on premises. The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to enter or remain upon the premises of the establishment in violation of this section.

(h)

Penalty. Any person who knowingly and intentionally violates any of the provisions of this section shall be fined in accordance with section 1-7.

(Ord. No. 2011-03, §§ I—VII, 3-28-2011)

State law reference

Periodic review of curfew ordinances required, Texas Local Government Code § 370.002.