A juvenile is defined as any child over the age of 9, and under the age of 17. A guardian is any person to whom custody of a minor has been given by a court order. 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 18 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. 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, and the common areas of schools, hospitals, apartments, houses, office buildings, transport facilities, and shops. Emergency shall include but not be limited to fire, natural disaster, an automobile accident, or obtaining immediate medical care for another person.
- 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 between the hours of 11:00 p.m. and 6:00 a.m. on weekdays and midnight and 6:00 a.m. on weekends.
- 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 subsection (a).
The following are exceptions for a juvenile to be out past curfew hours:
- The minor was accompanied by his or her parent;
- The minor was accompanied by another adult approved by the parents;
- The minor was on an emergency errand;
- 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;
- 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.
- 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;
- The minor was upon an errand directed by his or her parent;
- 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;
- 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.
Any minor violating the provisions of this article shall be guilty of a class "C" misdemeanor as defined in the state penal code and shall be dealt with in accordance with the provisions of V.T.C.A., Family Code tit. 3. A parent of a minor violating this article shall be guilty of a class "C" misdemeanor, which shall be punishable by a fine of not less than $50.00 or more than $500.00. In assessing punishment for either a parent or a minor, the judge of the municipal court is encouraged to consider the community service program.
The city council shall review the juvenile curfew ordinance every three years from and after the date of passage hereof to determine.
- The effects on the community and on problems the ordinance is intended to remedy;
- To conduct a public hearing on the need to continue the ordinance; and
- If necessary or appropriate to abolish, continue, or modify this article.