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Home My WebLink AboutO-2344-10-04ORDINANCE NO. 2344-10-04 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 10, "OFFENSES—MISCELLANEOUS," ARTICLE II, "CURFEW FOR CHH.DREN," TO ADOPT A CURFEW FOR JUVENILES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 1332-5-95 and Ordinance No. 1928-03-01, Curfew for Juveniles, codified at Chapter 10, "Offenses—Miscellaneous," Article 11, "Curfew for Children," of the Code of Ordinances of the City of Allen, Texas; and, WHEREAS, Section 370.002 of the Texas Local Government Code requires the City Council to review effects on the community and on problems concerning curfew was intended to remedy, to conduct a public hearing on the need to establish an Ordinance; and, WHEREAS, the Chief of Police, or his designee briefed the City Council regarding the Ordinance's effects on the community and on problems such Ordinance was intended to remedy; and, WHEREAS, the City Council has conducted a public hearing on the need for such Ordinance; and, WHEREAS, after conducting a public hearing, the City Council finds that it is in the best interest, health, safety and welfare of the City to continue and adopt the Curfew for Juveniles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. In accordance with Section 370.002 of the Texas Local Government Code, the City Council has reviewed Chapter 10, Article 11 of the Code of Ordinances, the Curfew for Juveniles, and its effects on the community and on the problems such Ordinance is intended to remedy; and after conducting a public hearing on the need to establish such Ordinance, finds that it is in the best interest of the health, safety and welfare of the City of Allen, Texas, to continue and adopt the Curfew for Juveniles, Chapter 10, Article II of the Code of Ordinances. SECTION 2. Chapter 10, Article 11 of the Code of Ordinances of the City of Allen, Collin County, Texas, (Curfew for Juveniles) be, and the same is hereby amended to read as follows: "ARTICLE H. CURFEW FOR JUVENILES See. 10-21. Definitions. For purposes of this article, the following terms shall apply: 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. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term shall include but not limited to fire, natural disaster, and any automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. ' 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. Guardian means any person to whom custody of a juvenile has been given by a court order. Juvenile means any person under seventeen (17) years of age and over nine (9) years of age. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of any association or partnership and the officers of the corporation. Parent means a person who is the natural or adoptive parent of a person, to include a court appointed guardian or other person eighteen (18) years 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. 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 buildings, transport facilities, and shops. Remain means to linger, stay, walk, run, stand, drive or ride; or fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. See. 10-22. Offenses. (a) A juvenile commits an offense if the juvenile remains in any public place or on the premises of any establishment within the city during curfew hours. (b) A parent or guardian of a juvenile commits an offense if such person knowingly permits, or by insufficient control allows, the juvenile 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 any establishment within the city commits an offense if such person knowingly allows a juvenile to remain upon the premises of the establishment during curfew hours. Sec. 10-23. Defenses to Prosecution. (a) It is a defense to prosecution under Section 10-22(a) that thejuvenile was: (1) accompanied by the juvenile's parent or guardian; ' (2) on an errand at the direction of the juvenile's parent or guardian, without any detour or stop; Ordinance No. 2344-10-04 Page 2 (3) in a motor vehicle involved in interstate travel; (4) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (5) involved in an emergency; (6) on the sidewalk abutting the juvenile's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about thejuvenile's presence; (7) attending a religious service, activity, or a recreational or social activity sponsored or provided by a religious organization, or going to and returning home therefrom without any detour or stop. (8) attending a recreational or social activity supervised by adults and sponsored by the city or by a school, a civic organization, or other similar entity that takes responsibility for the juveniles, or going to or returning home therefrom without any detour or stop; (9) exercising First Amendment rights protected by the United States Constitution; or (10) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code, as amended. ' (b) It is a defense to prosecution under Section 10-22(c) that the owner, operator, or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave. Sec. 10-24. 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 article unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense in Section 10-23 is present. Sec. 10-25. Penalties. (a) A person who violates a provision of this article 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, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500). (b) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a juvenile who violates Section 10-22(a) of this article and shall refer thejuvenile tojuvenile court." SECTION 3. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. Ordinance No. 2344-10-04, Page 3 SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect ' the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION & An offense committed before the effective date of this ordinance is governed by prior law and the Code of Ordinances of the City of Allen, as previously amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. Any person, firm or corporation that violates any of the provisions or terms of this ordinance shall be subject to penalty and upon conviction shall be punished by a fine not to exceed the sum of five hundred dollars ($500) for each offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and publication in accordance with its 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 ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 26m DAY OF OCTOBER, 2004. APPROVED: 449�)L tephen errell, MAYOR APPROVED AS TO FORM: ATTEST: 1 Peter G. Smith, CITT ATTORNEY Shelley B. Gem a TRMC, CITY SECRETARY 1 Ordinance No. 2344-10-04, Page 4