1992M25-CURFEWSORDINANCE NO.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ
ESTABLISHING A CURFEW FOR M]]qORS UNDER SEVENTEEN YEARS OF AGE
TO PROHIBIT BEING IN ANY PUBLIC PLACE DURING THE CURFEW PERIOD
SET FORTH HEREIN; PROVIDING AN ENFORCEMENT PROCEDURE;
ESTABLISHING C~AL PENALTIES FOR MI2qORS AND FOR PARENTS OF
MINORS; AND ADOPTING CERTAI~ 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 alternative, the City should implement new means to emphasize and provide for: the protection
of minors from each other and from other persons; the encouragement and support of parental control
of and insensibility 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 terns 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)
a court order.
"Guardian" shall mean any person to whom custody of a subject minor has been given by
(c) "Knowingly" means actual awareness of the subject minor'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 minor within the course and scope of his or her lawful employment and for which the subject
minor has a reasonable expectation of remuneration or other lawful and acceptable compensation.
(e)
~Minor~ 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
minor; (2) a court-appointed guardian; or (3) any other person 18 years of age or older, authorized by
court order or the subject minor's natural or adoptive parent or court appointed guardian to have the care
and custody of the subject minor.
(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" means any place to which the general public ordinarily has access during
the Curfew Period and includes, but is not limited to, streets, highways, and the common areas of schools,
hospitals, apartments houses, office buildings, transport facilities, restaurants, stores, and shops.
(i)
"Subject Minor" shall mean any minor charged with violating this Ordinance.
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 minor not in the company of his or her parent to purposefully
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 unless:
(1)
the subject minor is accompanied by one or more of his or her parents;
(2) the subject minor is accompanied by another person eighteen (18) years of age
or older with the approval of a parent of the subject minor;
(3)
emergency;
the subject minor is engaged in a reasonably necessary response to a bona fide
(4) the subject minor is attending a school, government sponsored, or religious
activity or is going to or coming from a school, government sponsored, or religious activity;
(5) the subject minor is engaged in a lawful employment activity or is going directly
to or coming directly from lawful employment activity;
(6) the subject minor is on a public place contiguous to the subject minor's then-
current residence or on a public place contiguous to a place where the minor has permission
from his or her parent to be or on the public place contiguous to the property of a next-door
neighbor not communicating any objection thereto;
(7)
the subject minor is upon an errand directed or approved by his or her parent;
(8) the subject minor 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;
(9)
the subject minor is lawfully exercising his or her fundamental rights (including,
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without limitation, First Amendment fights) 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
(10) the subject minor 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 minor to knowingly
encourage or consent to any act by the minor which would be in violation of the curfew imposed in
Section 2(a) of this Ordinance.
SECTION 3. Enforcement Procedure.
(a) Upon finding a minor 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 minor and the name and address of
his or her parent(s) or guardian(s). A warning notice ("Notice") shall be issued to the subject minor, and
he or she shall be ordered by the police officer to go home immediately by the most direct means and
mute available. A copy of the Notice and a letter shall be forwarded to the parent(s) or guardian(s) of
the subject minor advising them of the fact that the subject minor was found in violation of this
Ordinance and soliciting their cooperation in preventing further violations of this Ordinance by the
subject minor.
(b) If a police officer shall find a minor who has once previously been warned pursuant to Section
3(a) above engaged in a second violation of Section 2 of this Ordinance, the police officer shall again
(1) secure the name and address of the subject minor and his parent(s) or guardian(s); (2) issue a second
warning Notice; and (3) order the subject minor to go home immediately by the most direct means and
route available. A copy of the Notice shall be forwarded to the proper authorities (including the Municipal
Court of the City, if applicable) under the Texas Family Code, and a copy of the Notice and a letter shall
be forwarded to the subject minor's parent(s) or guardian(s) concerning this curfew Ordinance and the
City's expectation and requirement for parental control and assistance in enforcement of this Ordinance.
(c) Upon finding a minor in violation of Section 2, who has twice previously been found in violation
of Section 2, any police officer shall issue the subject minor an appropriate citation and transfer the case
to proper authorities (including the Municipal Court of the City, if applicable) for handling under the
provisions of Title 3 of the Texas Family Code. In addition, a formal complaint, if indicated under the
evidence, may be filed against the parent(s) or guardian(s) of the subject minor 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 minor or by any parent or guardian thereof.
SECTION 4. penalties.
(a) Any minor 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 Title 3 of the Texas Family Code, 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 than $50.00 nor more than $500.00.
(c) In assessing punishment for either a parent or a minor, the Municipal Court Judges are
encouraged to consider utilizing the community service program of the City.
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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 Heading. 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
r~ , 199~ , herein referred to as the "Effective Date".
SECTION 12. Six Month Review. Six months from the effective date hereof, the City Manager
shall prepare a report to the Council on the effectiveness of this Ordinance, unforeseen 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/~ day of ,l~co¢, ,199~
PASSED, APPROVED AND ADOPTED this the ~
ATTEST:
day of ~ c~ ~ , 199L~I-
~'~ ~ Mayor, ~~of-Sche~as
y Se~retar~ Ci~y/of'Schertz
(CITY SEAL)
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