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HomeMy WebLinkAboutOrdinance 1994 ORDINANCE NO. 1994 WHEREAS, the city Council finds that there has been an increase in juvenile violence, juvenile gang activity and crime by persons under the age of 17 years in the City of North Richland Hills; and WHEREAS, the city council finds that many juvenile crimes and gang related violence could be avoided by adopting the curfew hours set forth in this ordinance; and WHEREAS, persons under the age of 17 years are particularly susceptible, by their lack of maturity and experience, to participate in unlawful gang-related activities and to be victims of older perpetrators of crime; and WHEREAS, the City Council finds that the passage of this Ordinance furthers a compelling state interest in protecting juveniles from crime on the streets; and WHEREAS, a curfew for those under the age of 17 will be in the interest of the public health and general welfare of the City. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: 1. Defining Terms: (I) Curfew Hours mean: (a) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (b) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. (2) Emerqency 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. (3) 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. Curfew Ordinance - Page 1 (4) Guardian means: (a) a person who, under court order, is the guardian of the person or minor; or (b) a public or private agency with whom a minor has been placed by the court. (5) Minor means any person under 17 years of age. (6) Officer means a police officer of the city of North Richland Hills. (7) 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. (8) 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. (9) 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, apartment houses, office buildings, transport facilities, and shops. (10) Remain means to: (a) linger or stay; or (b) fail to leave premises when requested to do so by an officer or the owner, operator, or other person in control of the premises. (II) 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. Offenses (I) A minor commits an offense if he remains in any public Curfew Ordinance - Page 2 place or on the premises of any establishment within the city during curfew hours. (2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (3) 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. 3. Defenses (l) It is a defense to prosecution under section 2 that the minor was: (a) accompanied by the minor's parent or guardian; (b) on an errand at the direction of the minor's parent or guardian, without any detour or stop; (c) in a motor vehicle involved in interstate travel; (d) engaged in an employment activity, or going to or returning from home from an employment activity, without any detour or stop; (e) involved in an emergency; (f) 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; (g) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city of North Richland Hills, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home without any detour or stop an official school, religious, or other recreational activity supervised by adults and sponsored by the city of North Richland Hills, a civic organization, or another similar entity that takes responsibility for the minor; (h) exercising First Amendment rights protected by the united states Constitution, such as the free exercise of religion, freedom of speech, and the right of Curfew Ordinance - Page 3 assembly; or (i) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (2) It is a defense to prosecution under Subsection 2(3) 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. 4. Enforcement Before taking any enforcement action under this Section, an officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in the Subsection 3 is present. 5. Penalties (I) A person who violates a prov1s10n of this section is guilty of a separate offense for each day or part of a day during which the violation is committed continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (2) 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 2(1) of this section shall refer the minor to juvenile court. 6. Cumulative provision This ordinance shall be cumulative of all ordinances of the City of North Richland Hills, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances in which even the conflicting provisions of such ordinances are hereby repealed. 7. Severability It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or Curfew Ordinance - Page 4 decree of any court of competent jurisdiction, such unconstitutionality 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 phrase, clause, sentence, paragraph or section. 8. Penalty for Violation Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 9. Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED this 11th day of July, 1994. APPROVED: "- Tommy ~" Brown, ATTEST: n;~/L;~ i2'~ette Rewis, city Secretary APPROVED AS TO FORM AND LEGALITY: Curfew Ordinance - Page 5