Title
Consider/Discuss/Act on a Curfew Ordinance, Article VIII, Chapter 70, “Curfew Hours for Minors”
Summary
MEETING DATE: June 19, 2012
DEPARTMENT: Police Department
CONTACT: Doug Kowalski, Chief of Police
RECOMMENDED CITY COUNCIL ACTION:
· Approve Ordinance
ITEM SUMMARY:
· The former curfew ordinance expires on June 16, 2012. The ordinance must be renewed every three years as required by Texas Local Government Code, Section 370.002.
· The intent of the curfew ordinance is to decrease juvenile violence, juvenile gang activity and crimes committed by persons under the age of 17.
· Persons under the age of 17 are particularly susceptible to participate in unlawful and gang activities, and to be victims of older perpetrators of crime due to their lack of maturity and experience.
· Having a curfew ordinance assists the Police Department in protecting minors from each other and older persons, to enforce parental control and responsibility for children, in the protection of the general public and to reduce the incidents of juvenile criminal activities.
BACKGROUND INFORMATION:
· The previous ordinance was adopted on June 16, 2009.
· This ordinance continues the curfew hours of between 11:00PM on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00AM the following day; and 12:01AM until 6:00AM on any Saturday and Sunday.
· A violation of the ordinance occurs if:
(1) a minor remains in a public place during curfew hours,
(2) a parent or guardian of a minor allows a minor to remain in a public place during curfew hours, or
(3) an establishment allows a minor to remain on the premises of an establishment during curfew hours.
· There are several defenses to prosecution (exceptions) for the minorL1)
(1) They are accompanied by a parent or guardian or another adult approved by the parent or guardian.
(2) They are on an errand for the parent or guardian, without a detour or stop.
(3) In a motor vehicle involved in intrastate or interstate tra...
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