O-1332-5-95ORDINANCE NO. 1332-5-95
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
PROVIDING FOR THE ESTABLISHMENT OF A CURFEW FOR CHILDREN
WITHIN THE CITY OF ALLEN; PROVIDING PROCEDURES FOR
ENFORCEMENT, AUTHORIZING PENALTIES FOR VIOLATION OF THE
CURFEW, PROVIDING DEFINITIONS; PROVIDING EXEIVIPTTONS AND
DEFENSES FROM PROSECUTION; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN DATE.
WHEREAS, the City of Allen, Texas has determined it necessary to provide for a curfew for children
within the city in order to improve safety and the security of property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: For purposes of this Ordinance, the following terms shall apply:
(a) Curfew Hours means 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or
Thursday until 6:00 a.m. of the following day; and 12:01 a.m. until 6:00 a.m. on any
Saturday or Sunday.
(b) Emergency means an unforeseen combination of circumstances or the resulting state
that calls for immediate action. The term shall include but not be limited to fire,
natural disaster, and an automobile accident, or any situation requiring immediate
action to prevent serious bodily injury or loss of life.
(c) 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.
(d) Guardian means any person to whom custody of a child has been given by a court
order.
(e) Child means any person under seventeen (17) years of age and over nine (9) years of
age. Family Code §51.02(1)(a).
(f) 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.
(g) Parent means a person who is the natural or adoptive parent of a person, to include
a court appointed guardian or other person eighteen years (18) or older, authorized by
the parent, by a court order, or by the court, or by the court appointed guardian to
have the care and custody of a person.
(h) 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 building, transport facilities, and shops.
SECTION 2: Offenses
A. It is unlawful for a child to purposefully remain, walk, run, stand, drive, or ride about, in or upon
any public place or on the premises of any establishment within the city during curfew hours.
B. A parent or guardian of a child commits an offense if the parent or guardian knowingly permits,
or by insufficient control allows, the child to purposefully remain, walk, run, stand, drive, or ride
about, in or upon any public place or on the premises of any establishment within the city during
curfew hours.
C. The owner, operator, or any employee of an establishment commits an offense if the owner,
operator or employee of the establishment knowingly and willingly allows a child to remain or
harbors a child upon the premises of the establishment during curfew hours.
SECTION 3: Exemption and Defense
1. It is an exemption from prosecution under Section 2 that the child was:
(a) accompanied by the child's parent or guardian;
(b) on an errand at the direction of the child'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 home from an employment
activity, without any detour or stop;
(e) involved in an emergency;
(f) on the sidewalk abutting the child's residence or abutting the residence of a next-door
neighbor if the neighbor did not complain to the police department about the child's
presence;
(g) attending an official school, religious, or other recreational activity supervised by adults
and sponsored by the City of Allen, a civic organization, or another similar entity that
takes responsibility for the child, or going to or returning home from without any
detour or stop, an official school, religious, or other recreational activity supervised by
adults and sponsored by the City of Allen, a civic organization, or another similar entity
that takes responsibility for the child;
(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 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 Section 2.0 that the owner, operator, or employee of an
establishment promptly notified the police department that a child was present on the premises
of the establishment during curfew hours and refused to leave.
SECTION 4: Enforcement
Before taking any enforcement action under this section, a police 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 exemption or defense in Section 3 is present.
SECTION 5: Penalties
A. A person who violates a provision of this ordinance 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,
Ordinance No. 1332-5-95 page 2
upon conviction, is punishable by a fine not to exceed $500.
B. When required by Section 51.08 of the Texas Family Code, as amended, the municipal court
shall waive original jurisdiction over a child who violates Section 2.A of this ordinance and shall
refer the child to juvenile court.
SECTION 6: Severability
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences,
clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or
section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a
court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining
phrase, clause, sentence, paragraph, or section of this ordinance; and the City Council hereby declares
it would have passed the remaining portion even though it had known the affected parts would be held
unconstitutional.
SECTION 7: Effective Date
This ordinance shall take effect immediately from and after its passage and publication in accordance
with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS,
ON THE 4TH DAY OF MAY , 1995.
APPROVED:
GeP
J& Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
CMSECRETARY
CMC' C
A. Doi-erawa6ijj;rzxA][T?!r Ju
Ordinance No. 1332-5-95 Page 3
�.� . -Po L. I C y
5.03
5.03.001 Confronting Potential Violators
5.03.002 Enforcement Options
5.03.003 Criteria
5.03.004 Curfew Records Management
CHAPTER 6 FIELD OPERATIONS
6.01
6.01.001
Reporting
6.01.002
Briefing Content
6.01.003
Responsibilities
6.02
operation of Police Vehicles
6.02.001
General Operation/Non-Emergency
6.02.002
Inspection of Vehicle
6.02.003
Securing Vehicle
6.02.004
Transporting Persons
(Other than Prisoners)
6.02.005
Emergency Operation
6.02.006
Vehicle Pursuits (General)
6.02.007
Inter -Jurisdictional Pursuits
6.02.008
Call Response/Backup Requests
6.02.009
Use of Seatbelts
6.03
Disposition for Department Vehicle
Accidents
6.03.001
Responsibilities of Field Personnel
6.03.002
Responsibilities of Dispatcher
6.03.003
Accidents Involving City Vehicles (Non -
Police)
6.03.004
Accidents Involving Police Vehicles
6.03.005
Reporting Procedures
6.03.006
Out of City Accidents (Police Vehicles)
6.03.007
Review of Accident Circumstances
6.03.008
Review Board Structure
6.03.009
Purpose of Review Board
6.03.010
Determination of Violation
6.03.011
Disciplinary Action
6.04
Use of Force
6.04.01
Order of Progression
6.04.02
Preparation for Use of Force
6.04.03
Use of Force
6.04.04
Use of Chemical Weapons
6.04.05
Use of Impact Weapon
FIESENEFFIRT,/' IT, -J- z1.
Effective Date: .. May 25, 1995
Administration desires to establish a policy
and procedure that will provide consistent and
uniform enforcement of the City of Allen Curfew
Ordinance, and to create a records procedure for
`J tracking violations. -
It is the policy of this department to utilize the
Curfew Ordinance in a manner consistent with
community expectations and departmental goals. If
curfew laws are to be effective, they must be
enforced in a consistent, fair and uniform manner.
In addition, to be properly evaluated, enforcement
actions must be fully documented. To these arfd
related ends, law enforcement officers shall follow
the procedures outlined below when enforcing curfew
violations.
AFFECTS: All Personnel
5.03.001 CONFRO
Upon observation of a juvenile who is in possible
violation of the curfew ordinance, an officer should
take the following steps:
1. Request the juvenile's name, age, date of birth
and address and, if necessary, provide- the
dispatcher with the location of the potential
violation, the number of persons involved and
their identity or physical description.
2. In the course of investigation regarding the
original contact, the officer will attempt to
determine if the individual is in violation of
the curfew ordinance. The officer must
eliminate all of the following exemptions and
defenses to the ordinance:
(a) child was accompanied by child's parent or
guardian;
(b) child was on an errand at the direction of
the child's parent or guardian, without
any detour or stop;
(c) child was in a motor vehicle involved in
interstate travel;
(d) child was engaged in an employment
activity, or going to or returning home
from any employment activity, without any
detour or stop;
(e) child was in involved in an emergency;
(f) child was on the sidewalk abutting the
child's residence or abutting the
residence of a next-door neighbor and the
neighbor did not complain to the police
department about the child's presence;
(g) child was attending an official school,
religious, or other recreational -activity
supervised by adults and sponsored by the
City of Allen, a civic organization, or
another similar entity that takes
responsibility for the child, or going to
or returning home from without any detour
or stop, an official school, religious, or
other recreational activity supervised by
adults and sponsored by the City of Allen,
a civic organization, or another similar
entity that takes responsibility for the
child;
(h) child was 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
(i) child was married or had been married or
-had disabilities of minority removed in
accordance with Chapter 31 of the Texas
Family Code.
3. Should the individual be in violation of curfew
restrictions, determine why the youth* is out,
where he/she has been and where he/she -is going.
4. Inform the individual that he/she is in
violation of the curfew ordinance.
5. Determine from dispatch whether the individual
has outstanding warrants and, if possible,
whether any previous curfew violations are
listed in the computer.
Enforcement of the curfew ordinance by citation or
arrest is considered a secondary action to both
warnings and other charges the officer may choose to
file. The officer may use reasonable discretion in
determining an appropriate course of action. These
options also include directing the juvenile to
proceed directly home, transporting the, juvenile
home, or arrest and detention of the juvenile until
the parents or guardian can be notified.
Unless extenuating circumstances exist, the
following enforcement criteria should be utilized:
1st Offense - Warnin i
g Warnings will be documented
by a Field Interview (F.I.) card with
specific details of the circumstances
surrounding the offense. A service number will
also be assigned by dispatch.
2nd Offense - Citation. These will also be
documented by an F.I. card, and a service - number
will be assigned by dispatch. Based on the time
between contacts, the circumstances surrounding the
contact, and the juvenile's demeanor, subsequent
warnings may be permitted. The course of action
should be included on the F.I. card.
3rd & Subsequent Offenses - Juvenile arrest
procedures. When a juvenile is arrested, the
officer also has the discretion of issuing a
citation to the parent/guardian of the juvenile.
An F.I. card and service card will be completed.
5.03.003 CRITERIA
Citation or arrest may be used in lieu of warning
for first offenses in target or identified problem
areas where juvenile gatherings have resulted in
criminal activity or continued citizen complaint.
Citation or arrest may be used in lieu of warning
for first offenses in cases where the minor --
intentionally violated the curfew ordinance and
refuses to cooperate with the officer in the course
of the investigation.
Supervisory approval is required on arrest of a
juvenile for curfew violation.
The following situations will normally not be the
basis to stop a juvenile without the existence of
some other reasonable cause to make such a stop:
* Stopping a juvenile driving a vehicle during the
curfew period just to see if he/she is a juvenile.
* Stopping a juvenile who stops at a convenience
store, gas station or other business during the
curfew period to make a purchase and then leaves.
5.03.004
* Stopping a juvenile in a restaurant, during the
curfew period where the juvenile is eating a meal,
etc. , and not merely remaining or loitering *on the
premises.
Juveniles found to be in violation of a state
statute or other ordinance where police action will
be taken, the officer will not include chal�cjes of
curfew violation. Instead, the officer will issue_
a warning for curfew violation and document the -
information on an F.I. card and service card. This
course of action should occur regardless of prior
curfew violations by the juvenile.
AU contacts relating to actual curfew violations
will be recorded on F.I. cards regardless of action
taken. This will allow successive tracking of each
contact on each individual. Those contacts in which
exemptions or defenses are present will noA be
documented as curfew violations.
* Officers
describe
will note "Curfew Violation" and
details under Reason for Interrogation.
* Officers will note "Warning," `'
"Arrest" under Deposition. -
"Citation, 11 or
* F.I. cards will be processed through Records.
Records will be responsible for entering the data
into the computer data base, as well as sending
letters to the parents of those juveniles found to
be in violation. Completed information will be
maintained in a separate file in records labeled
Juvenile Curfew Violations.
* A person appointed by the Chief of Police will
prepare a monthly report detailing the monthly and
year to date statistics for all curfew contacts.
This report will provide information by age.,-- sex,
and type of enforcement action. The report will
be forwarded to Administration.
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance #1332-5-9
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
May 13 & May 17, 1995
and which was issued on
Mav 13. 1995
by City 0 f Allen of COLLIN COUNTY, TEXAS
A printed copy of said publics 'on is attached hereto.
( { , e Ze-,
SUBSCRIBEAN)SORN to before me this
kl_ day A.D. 19
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee x 3 1. 5 0
int*; ••F'1,ey V. A. TODD
•; MY COMMISSION EXPIRES
! ` December 5, 1996
if Oi ,E
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
May 4, 1995 (Title and Penalty Clause):
Ordinance No. 1332-5-95: An ordinance
of the City of Allen, Collin County, Texas,
Providing for the Establishment of a Cur-
few for Children within the City of Allen;
Providing Procedures for Enforcement;
Authorizing Penalties for Violation of the
Curfew; Providing Definitions; Providing
Exemptions and Defenses from Prosecu-
tion; Providing a Severability Clause and
Providing for an Effective Date.
A person who violates a provision of this
ordinance is guilty of a separate offense for
each day or part of a day during which t'
violation is committed, continued, or r
mitted. Each offense, upon convictio
punishable by a fine not to exceed
hundred dollars ($500).
A copy of this ordinance may be re
purchased in the office of -the City S-*,*–"
ary, City of Allen, One Bdtler Circle, A
Texas, 75002-2773.
Judy Morrison
City Secretary _
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
May 4, 1995 (Title and Penalty Clause):
Ordinance
City of Allen, Collin I n
-95: An ordinance
ofhCounty, Texas,
Providing for the Establishment of a Cur-
few for Children within the City of Allen;
Providing Procedures for Enforcement;
Authorizing Penalties for Violation of the
Curfew; Providing Definitions; Providing
Exemptions and Defenses from Prosecu-
tion; Providing a Severability Clause and
Providing for an Effective Date.
A person who violates a provision of this
ordinance is guilty of a separate offense for
each day or part of a day during which t'
violation is committed, continued, or r
mitted. Each offense, upon
n
victio
punishable by a fine not to exceed
hundred dollars ($500)._
A copy of this ordinance may be re
purchased in the office of the City S
ary, City of Allen, One BLAIer Circle, A
Texas, 75002-2773.
Judy Morrison
City Secretary — —