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HomeMy WebLinkAboutO-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 — —