G-10-11-09-9B1 - 11/9/2010ORDINANCE NO. CT--(6--((-'iq'g61
AN ORDINANCE TO READOPT AND CONTINUE CHAPTER 24,
ARTICLE II, CODE OF ORDINANCES, CITY OF ROUND ROCK,
TEXAS, 2010, REGARDING A JUVENILE CURFEW IN CONFORMITY
WITH SECTION 370.002 OF THE TEXAS LOCAL GOVERNMENT
CODE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, a Texas home -rule municipality may adopt ordinances that are for the good
government, peace, or order of the municipality; and
WHEREAS, the City of Round Rock, Texas has previously enacted provisions in its
Code of Ordinances relating to juvenile curfew hours; and
WHEREAS, state law requires a home -rule municipality that has adopted a juvenile
curfew ordinance to review that ordinance every three years to determine the ordinance's effects
on the community and on the problems the ordinance was intended to remedy, to conduct public
hearings on the need to continue the ordinance and then abolish, continue, or modify the
ordinance; and
WHEREAS, after conducting the required review of the juvenile curfew ordinance in
2007, the City of Round Rock continued the ordinance.
WHEREAS, after conducting a current review of the juvenile curfew ordinance to
determine its effects on the community and on the problems the ordinance was intended to
remedy, a report of which is attached as Exhibit A, the City of Round Rock has determined that
readopting and continuing the ordinance will enhance the good government, peace, or order of
the municipality; and Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
O:\wdox\SCCInts\0112\ 1005\MUNICIPAL\00206513 DOC/scl
I.
That Chapter 24, Article II, Code of Ordinances, City of Round Rock, Texas, 2010, is
hereby adopted to read as follows:
ARTICLE II. YOUTH CURFEW
Sec. 24-25. Definitions
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Curfew Hours means;
(1) 12:01 a.m. until 6:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or
Friday;
(2) 1:00 a.m. until 6:00 a.m. on any Saturday or Sunday; and
(3)
9:00 a.m. until 2:30 p.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
Emergency means an unforeseen combination of circumstances or the resulting state that calls for
immediate action. The term includes but is not limited to a fire, a natural disaster, an 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:
(1) A person who, under court order, is the guardian of the person of a minor; or
(2) A public or private agency with whom a minor has been placed by a court.
Minor means any person under 17 years of age.
Operator means any individual, firm, association, partnership, or corporation operating,
managing, or conducting any establishment. The term "operator" includes the members or partners of an
association or partnership and the officers of a corporation.
Parent means a person who is:
(1) A natural parent, adoptive parent, or step-parent of another person; or
(2) At least 18 years of age and authorized by a parent or guardian to have the care
and custody of a minor.
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.
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Remain means to:
(1) Linger or stay; or
(2) 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.
Serious bodily injury means bodily injury that creates a substantial risk of death or that causes
death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.
Sec. 24-26. Offenses.
(a) A minor commits an offense if he remains, walks, runs, stands, drives or rides about in
or upon any public place or on the premises of any establishment within the city during curfew hours.
(b) The owner, operator, or any employee of an establishment commits an offense if he
knowingly allows a minor to remain, walk, run, stand, drive or ride about in or upon the premises of the
establishment during curfew hours.
Sec. 24-27. Defenses.
(a) It is a defense to prosecution under section 24-26 that the minor was:
(1) Accompanied by the minor's parent or guardian;
(2) On an errand at the direction of the minor's parent or guardian, without any detour or
stop;
(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 minor's residence or abutting the residence of a next-door
neighbor if the neighbor did not complain to the police department about the minor's
presence;
(7)
(8)
Attending an official school, religious, or other recreational activity supervised by adults
and sponsored by the city, Round Rock Independent School District, a civic organization,
or another similar entity that takes responsibility for the minor, 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, Round Rock Independent School
District, a civic organization, or another similar entity that takes responsibility for the
minor;
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
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(9) Married or had been married or had disabilities of minority removed in accordance with
V.T.C.A., Family Code ch. 31.
(b) It is a defense to prosecution under section 24-26(b) that the owner, operator, or
employee of an establishment promptly notified the police department that a minor was present on the
premises of the establishment during the curfew hours and refused to leave.
(c) It is a defense to prosecution under section 24-26 with respect to the curfew hours of 9:00
a.m. until 2:30 p.m. on Monday, Tuesday, Wednesday, Thursday or Friday, that the offense occurred
during the scheduled vacation of or on a holiday observed by the school in which the minor is enrolled; or
that the minor has graduated from high school or received a high school equivalency certificate; or that
the minor has permission to be absent from the school or be in a public place from an authorized school
official or a parent or guardian. In the case of a minor being educated in a home school, a parent or
guardian shall be deemed a school official.
Sec. 24-28. Enforcement.
Before taking any enforcement action under this article, 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 24-27 is present.
Sec. 24-29. Penalties.
When required by V.T.C.A., Family Code § 51.08, the municipal court shall waive original
jurisdiction over a minor who violates section 24-26(a) of this article and shall refer the minor to juvenile
court.
II.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not invalidate
other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Ordinance was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Ordinance and
the subject matter hereof were discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act.
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READ and APPROVED on first reading this the L' day of i24z �ti--
2010
READ, APPROVED and ADOPTED on second reading this the day of
\\ Dv iti'i ^NP- , 2010
ATTEST:
CliPitt/L'Optt
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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ROUND ROCK, TEXAS
PURPOSE. PASSION PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. *9B1.
Consider an ordinance to readopt Chapter 24, Article II, Code of Ordinances, Youth
Agenda Caption: Curfew. (Second Reading)
Meeting Date: November 9, 2010
Department: Police
Staff Person making presentation: Bryan Williams
Chief of Police
Item Summary:
State law requires a review of the juvenile curfew ordinance's usefulness and re -authorization every three years.
The existing ordinance has provided for a nighttime curfew since 1994 and, in 2001, a daytime curfew was added to
the ordinance covering the period, 9 a.m. to 2:30 p.m. on school days. In 2004 and 2007, City Council reauthorized
this ordinance. In this iteration, Legal has recommended a minor grammatical correction; there are no other
changes recommended for this ordinance.
As in previous reauthorizations, the Police Department has completed a review of its use of the ordinance during the
prior several years.
Strategic Plan Relevance:
Goal 30.0 Residents, Visitors, and Businesses continue to experience a high and timely level of public safety and
security.
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval