Loading...
2006M10-Curfew ORDINANCE NO. 06-M-'10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ ESTABLISHING A CURFEW FOR JUVENILES UNDER SEVENTEEN YEARS OF AGE TO PROHIBIT BEING IN ANY PUBLIC PLACE DURING THE CURFEW PERIOD SET FORTH HEREIN; PROVIDING AN ENFORCEMENT PROCEDURE; ESTABLISHING CRIMINAL PENALTIES FOR JUVENILES AND FOR PARENTS OF JUVENILES; AND ADOPTING CERTAIN EXCEPTIONS. WHEREAS, the City Council ("Council") of the City of Schertz ("City") has determined through previous study that significant and disturbing increases are occurring in nocturnal juvenile violence, juvenile illicit gang activity, and other crimes by persons under the age of seventeen and are likely to continue in the City; and WHEREAS, the Council has determined that, although crime affects all persons, persons under the age of seventeen are peculiarly susceptible, due to their lack of maturity and experience, to the lure of their peers' and others' invitations to participate in illicit activities; and for this and other reasons, minors are particularly likely to either participate in or be victimized by unlawful gang-related activities and to be victims of older perpetrators of crime; and WHEREAS, the Council feels that, because of the foregoing and demonstrated need, having considered various alternatives, the City should implement new means to emphasize and provide for; the protection of juveniles from each other and from other persons; the encouragement and support of parental control of and responsibility for their children; the protection of the general public, including juveniles themselves from juvenile crime; and a reduction in the incidence and impact of juvenile criminal activities; and WHEREAS, the Council believes that the foregoing amply justifies, supports, and necessitates some citywide curfew for persons under seventeen years of age and that this Ordinance is a reasonable exercise of the Council's legislative and the City's police power in the best interests of the public health, safety, and general welfare which will help attain the foregoing objectives; NOW THEREFORE: ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: SECTION 1. Definitions. As used herein, the following terms shall have the meaning ascribed to them below: (a) "Bona Fide Emergency" shall include, but not be limited to, fire, explosion, natural disaster, manifest illness or injury, an automobile accident, or obtaining reasonably necessary medical care for another person. (b) "Guardian" shall mean any person to whom custody of a subject juvenile has been given by a court order. (c) "Knowingly" means actual awareness of the subject juvenile's act or actions and his or her intent to violate this Ordinance. (d) "Lawful Employment Activity" means a duty, function, or activity willingly engaged in by a subject juvenile within the course and scope of his or her lawful employment and for which the subject juvenile has a reasonable expectation of remuneration or other lawful and acceptable compensation. (e) "Juvenile" shall mean any unemancipated person under seventeen (17) years of age. (f) "Parent" shall mean: (1) a person who is the natural or adoptive parent of the subject juvenile; (2) a court-appointed guardian; or (3) any other person 18 years of age or older, authorized by court order or the subject juvenile's natural or adoptive parent or court appointed guardian to have the care and custody of the subject juvenile. (g) "Police Officer" means an individual employed by the City to keep the peace and enforce the City's and other relevant laws who is duly sworn and authorized to do so and to serve as a peace officer under the laws of the State of Texas. (h) "Public place" as defined by Texas Penal Code. (i) "Subject juvenile" shall mean any juvenile charged with violating this Ordinance. G) "Lingering" means 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. (k) "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. SECTION 2. Curfew and Offenses: A municipal juvenile curfew is hereby imposed within the incorporated limits of the City as follows: (a) It shall be unlawful for any juvenile not in the company of his or her parent to purposely remain, walk, run, stand, drive, or ride about in or upon any public place within the incorporated boundaries of the City between the hours of 11 :30 p.m. and 5 :30 a.m. Sunday evening through Friday morning or the hours between 1 :00 a.m. and 5 :30 a.m. on Saturday or Sunday mornings unles~: (1) the subject juvenile is accompanied by one or more of his or her parents; (2) the subject juvenile is accompanied by another person eighteen (18) years of age or older with the approval of a parent of the subject juvenile; (3) the subject juvenile is engaged in a reasonably necessary response to a bona fide emergency; (4) the subject juvenile is attending a school, government sponsored, or religious (;lctivity or is going to or coming from a school, government sponsored, or religious activity; (5) the subject juvenile is engaged in a lawful employment activity or is going directly to or coming directly from lawful employment activity; (6) parent; the subject juvenile is upon an errand directed or approved by his or her (7) the subject juvenile is in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the City's incorporated limits was the most direct route; (8) the subject juvenile is lawfully exercising his or her fundamental rights (including, without limitation, First Amendment rights) protected by the United States Constitution and/or the Texas Constitution, including but not limited to the free exercise of religion, speech or assembly; or (9) the subject juvenile is married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (b) It shall be unlawful for any parent having legal custody of a juvenile to knowingly encourage or consent to any act by the juvenile which would be in violation of the curfew imposed in Section 2( a) of this Ordinance. SECTION 3. Enforcement Procedure. (a) Upon finding a juvenile who is, for the first time, in violation of Section 2 of this Ordinance, any police officer shall determine the name and address of the subject juvenile and the name and address of his or her parent(s) or guardian(s). A warning notice ("Notice") shall be issued to the subject juvenile, and the Officer will attempt to contact parent(s) or guardian(s) and advise of the violation. A copy of the Notice and a letter shall be forwarded to the parent(s) or guardian(s) of the subject juvenile advising them of the fact that the subject juvenile was found in violation of this Ordinance and soliciting their cooperation in preventing further violations of this Ordinance by the subject juvenile. (b) Upon finding a juvenile in violation of Section 2, who has previously been found in violation of Section 2, any police officer shall issue the subject juvenile an appropriate citation and transfer the case to proper authorities (including the Municipal Court of the City, if applicable). In addition, a formal complaint, if indicated under the evidence, may be filed against the parent(s) or guardian(s) of the subject juvenile in Municipal Court for violation of Section 2(b) hereof. The Police Department shall file all necessary legal papers, supply all necessary documentation, and provide necessary testimony as required for pursuing violation of this ordinance by either the subject juvenile or by any parent or guardian thereo:E ( c) A class C citation will be issued to an owner/operator of an establishment that allows a juvenile to remain upon the premises of an establishment during curfew hours. SECTION 4. Penalties. (a) Any juvenile violating the provisions of this Ordinance for the third or greater time 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 applicable state law, as amended from time to time. (b) Each parent or guardian violating this Ordinance shall be guilty of a misdemeanor, which shall be punishable by a fine of not less that $50.00 nor more than $500.00. ( c) In assessing punishment for either a parent or a juvenile, the Municipal Court Judges are encouraged to consider utilizing the community service program of the City. (d) A class C citation will be issued to an owner/operator of an establishment that allows a juvenile to remain upon the premises of an establishment during curfew hours. SECTION 5. Inconsistent Provisions. All ordinances, orders, or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 6. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 8. Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and this City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 9. Public Meeting. It is officially found, determined and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Texas Revised Civil Statutes Annotated Article 6252- 17, as amended. SECTION 10. Incorporation of Preamble Recitals. The recitals contained in the preamble to this Ordinance are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council of the City of Schertz, Texas. SECTION 11. Effective Period. This Ordinance shall be in force and effect on and after , 20_, herein referred to as the "Effective Date". SECTION 12. Prior to 3rd anniversary. From the effective date hereof, the City Manager shall prepare a report to the Council on the effectiveness of this Ordinance, problems in enforcement, and any suggestions for changes or additions which might be made in light of the City's experience. APPROVED on first reading the 7th day of March, 2006. PASSED, APPROVED AND ADOPTED this the ~ ~I- day of , 2006. Attest: ~ ar, City Secretary . Affidavit of Publisher ~VBLlCNOTICE , ORDINA:NCE NO, 06-M-10 AN OFlOINANCEBY THE CITY COUNC1L OF THE CITY STATE OF TEXAS OF SCHERTZ ESTABLISHING ACURFEW FOR JUVENILES UNDER SEVEN'FEEN YEARS OF AGETO'PROHIBITBEING COUNTY OF BEXAR IN ANY PUBLIC PLACE DUR- ING THE CURFEW PERIOD SET ,FORTH HEREIN, PRO- City of Schertz VIDING AN ENFORCEMENT PROCEDURE;' ESTABLISH. ING CRIMINAL PENALTIES FOR JUVENILES, PARENT OF JUVENILES AND OWNERS! OPERATORS OR PERSONS IN CONTROL OF ESTABLlSH- B f th d . d th 't th' d II d H I I MENT$; . AND ADOPTING e ore me, e un erslgne au on y, on IS ay persona yappeare e en CERTAIN EXCEPTIONS by me duly sworn, says on oath that she is Pu~lisher of the Commercial Recordel APPROVED Oh filSt r~ading general circulation in the City of San Antonio, in the State and County aforesaid, ill1e7111dayofMarch2006 / Ordinance No 06-M-l0 here to attached has been published in every issue of Passed, Approved and . Adopted. thIS Ihe21st day of I the following days, to wit: March 2006. . 3/30 " 03/30/2006. ~) fl ~7f Sworn to and subscribed before me this 30th day of of March, 2006. ~ A. () F.ur7;/A I ......~.::;;... STELLA A. OROZCO .<~~:. . ;2 ''0\ NOTARY PU6l.IC . \~ ~F STATt: 01' TEXAS \:'001' l MyComm,E~p,O).~N009 ...........