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HomeMy WebLinkAboutOrdinance 3038ORDINANCE NO. 3038 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 50 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; CREATING A MINORS CURFEW; PROVIDING FOR ENFORCEMENT, PENALTIES AND PUBLICATION. WHEREAS, a minor's curfew has been in force within the city since 1994 which has now expired; and, WHEREAS, the city council has now reviewed the effect of the expired ordinance on the community and on problems the ordinance was intended to remedy and conducted public hearings on the need for such ordinance; and WHEREAS, the City Council has found that there is a need for a minor's curfew and that it has served well to reduce the danger to minors themselves and to provide a means for making sure minors do not engage in behavior which is a danger to the community as well as to themselves; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Chapter 50 of the North Richland Hills, Texas, Code of Ordinances is hereby amended by adding a new Article II, Taxation, which shall read as follows: "ARTICLE II. CURFEW FOR MINORS Sec.50-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Curfew hours means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" 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. Ordinance No. 3038 Page 1 of 4 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. Guardian means: (1) A person who, under court order, is the guardian of the person or minor; or (2) A public or private agency with whom a minor has been placed by the court. Minor means any person under 17 years of age. Officer means a police officer of the city. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term "operator" includes the members or partners of an association or partnership and the officers of a corporation. Parent means a person who is: (1) A natural parent, adoptive parent, or step-parent of another person; or (2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. 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. Remain means to: (1) Linger or stay; or (2) Fail to leave the premises when requested to do so by an officer or the owner, operator, or other person in control of the premises. 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. Sec. 50-32. Offenses. (a) Minor committing an offense. A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours. (b) Parent or guardian of a minor committing an offense. 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. Ordinance No. 3038 Page 2 of 4 (c) Owner, operator, or employee of establishment committing an offense. 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. Sec. 50-33. Defenses to prosecution. (a) Defense for minor. It is a defense to prosecution under section 50-32 that the minor was: (1) Accompanied by the minor's parent or guardian; (2) On an errand at the direction of the minor's parent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going to or returning from home from an employment activity, without any detour or stop; (5) Involved in an emergency; (6) 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; (7) 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 without any detour or stop from 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; (8) 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; or (9) Married or had been married or had disabilities of minority removed in accordance with V.T.C.A., Family Code ch. 31. (b) Defense for owner, operator or employee. It is a defense to prosecution under section 50-32(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 leave. Sec.50-34. Enforcement. Before taking any enforcement action under this section, an officer or as otherwise designated by the city manager shall ask the apparent offender's age and reason for being in the public place. The officer or as otherwise designated by the city manager 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 section 50-33 is present. Ordinance No. 3038 Page 3 of 4 Sec.50-35. Penalties. (a) Separate offenses. A person who violates a provision of this article is guilty of a separate offense for each day or part of a day onv cgionhics Pun shable as providede n continued, or permitted. Each offense, upon c section 1-13. (b) Referral of minor to juvenile court. When u sd ct on oveTa minorawho vio at s 51.08, the municipal court shall waive original ~ subsection 50-32(a) and shall refer the minor to juvenile court. (c) Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enf3rcement of any of the provisions of this article shall be fined as provided m section 1 1 Sec. 50-36. Cumulative provision. This article shall be cumulative of all ordinances of the city except where the provisions of this article are in direct conflict with the provisions of such ordinances in which even the conflicting provisions of such ordinances are hereby repealed." Section 2: The City Secretary is authorized and directed to cause publication of the descriptive caption and penalty clauses of this ordinance as provided by law. AND IT IS SO ORDAINED. PAS APPROVED on this the 26th day of 2009. CITY,~OFI NOR~fF,~ RICHLAND HILLS gy. ~ i ~ ~ o Osca a ino, Mayor Patricia Huts n, City Secretary App E T M AND LEGALITY: George A. Staple ,City Attorney D AS TO P ue, Assistant City Manager Ordinance No. 3038 Page 4 of 4 INVOICE Preview Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 303010391 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 2/15/2009 Federal Tax ID 26- 2674582 Terms Net due in 21 days Due Date: 2/28/2009 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 30301039 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn STACEY HARRISON Publication Dates: 2/12/2009 - 2/15/2009 location Ccii Depth` Linage IYIU R�ttr - ,, , ,A 4 CITY OF NUFUW RICH LAND HILLS CITY OF 1 oRD1N 38E No. HILLS I3580 1 69 69 LINE $0.26 $54.68 An ordinance amend- ing Article 11 of Sales Disc, Cho ter 50 of the North Richland Hills ($8.50) Code of Ordinances; creating a _minors curfew; providing for Mise Fee enforcement, Penal- $5.00 ties and publication. Penalties. (a) Separate offens- es. A person who violates a provision of this article is guilty of a separate offense for each day Net Amount $51.18 or part of a day during hic w h the violation is commit- ted, continued, or permitted. Each of- fense, upon convic- tion, is punishable as provided in section 1 -13. (b) Referral of minor to juvenile court. When required by V.T.C.A., Family Code § 51.08, the municipal court shall waive original juris- diction over a minor THE STS ction i olat d se County shall refer the minor Y ( to iuvenile court. (c) enalty. Any per- son, firm or corpo- Before n ration who violates, nd for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - disobeys, omits, ne- Telegrar glects or re ses tor- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached resl §ts the enforce -ement was published in th ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM ment of any of the ( 817 ) 39 provisions of this article shall be fined 11t<t�ttlllf�� as 1-13. provided in sec- Signed \ \�MJ4c, Passed and Approved • C� on this 26th anuar t2e °no SUBSCF /s/Oscar ay BEFORE ME, THIS Wednesday, Febr 18, 2009. �`\ aW PUe�O Oscar Trevino - � _� ATTEST: i /s /Patricia Hutson , h �' 1 Notary Public Patricia won -City y Secretary 5 APPROVED AS TO P FORM AND LEGAL - �fi q� ES 4 � ••• EXPIR .• � ' \ Georg Staples - City / I / /�/', ,,; 8.19- W • • • 4 ' ,`` \ \ \ \ \\ Thank You For Your Payment --------------------------------------------- Remit To: Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 303010391 Invoice Amount: $51.18 PO Number: Amount Enclosed: $