G-04-11-23-8A1 - 11/23/2004ORDINANCE NO. lT - `7' - - 023- gR /
AN ORDINANCE TO READOPT AND CONTINUE CHAPTER 1,
SECTION 1.2700, CODE OF ORDINANCES OF THE CITY OF ROUND
ROCK, 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 2001, the City of Round Rock modified and
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
@PFDesktop\::0DMA/WORLDOX/O:/WDOX/ORDINANC/091109C1.WPD/scl
enhance the good government, peace, or order of the municipality;
Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
I.
That Chapter 1, Section 1.2701 of the Code of Ordinances, City
of Round Rock, Texas, is hereby adopted to read as follows:
SECTION 1.2700 YOUTH CURFEW
1.2701 DEFINITIONS
(1) Curfew Hours mean;
(a) 12:01 a.m. until 6:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or
Friday;
(b) 1:00 a.m. until 6:00 a.m. on any Saturday or Sunday; and
(c) 9:00 a.m. until 2:30 p.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
(2) 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.
(3) 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.
(4) Guardian means:
(a) A person who, under court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
(5) Minor means any person under 17 years of age.
(6) 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.
(7) Parent means a person who is:
(a) A natural parent, adoptive parent, or step-parent of another person; or
2
(b) At least 18 years of age and authorized by a parent or guardian to have
the care and custody of a minor.
(8) 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.
(9) Remain means to:
(a) Linger or stay; or
(b) 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.
(10) Serious Bodily Injury means bodily injury that creates a substantial risk of death or that
causes death, serious permanent disfigurement, or protracted loss of impairment of the
function of any bodily member or organ.
1.2702 OFFENSES
(1) 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.
(2) 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.
1.2703 DEFENSES
(1) It is a defense to prosecution under 1.2702 that the minor was:
(a) Accompanied by the minor's parent or guardian;
(b) On an errand at the direction of the minor'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;
(0 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;
3
(g)
Attending an official school, religious, or other recreational activity supervised by
adults and sponsored by the City of Round Rock, Round Rock Independent School
District, a civic organization, or another similar entity that take 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 of Round Rock, Round Rock Independent School District,
a civic organization, or another similar entity that take responsibility for the
minor;
(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 1.2702(2) 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.
(3) It is a defense to prosecution under 1.2702 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.
1.2704 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 defense in 1.2703 is
present.
1.2705 PENALTIES
(1) A person who violates a provision of this chapter 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 $500.
(2) When required by Section 51.08 of the Texas Family Code, as amended, the municipal
court shall waive original jurisdiction over a minor who violates 1.2702(1) of this section
and shall refer the minor to juvenile court.
4
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.
READ and APPROVED on first reading this the l — day of
J , 2004.
READ, APPROVED and ADOPTED on second reading this the
of? day of Ltle1.44a 2004.
ATTEST:
UUAt:Yu),2 CrYI
NWELL, your
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
5
MEMORANDUM
ROUND ROCK POLICE DEPARTMENT
Planning and Research Unit
615 E. Palm Valley Blvd Phone: (512) 218-5500
Round Rock, Texas 78664 Fax: (512) 218-7060
DATE: November 2, 2004
TO: Bryan Williams, Chief of Police
FROM: Rick White
Management Analyst
SUBJECT: CURFEW ANALYSIS
This memorandum provides a three-year review of the City's Curfew Ordinance — covered by
Section 1.2700, Youth Curfew, of the City Code of Ordinances. State law requires a review of the
Department's use of this ordinance every three years. The ordinance itself affects youths under 17
during the following days and hours:
Applicable Days
Daytime
Mondays through Fridays 9 a.m. to 2:30 p.m. on School Days
Saturdays and Sundays
Nighttime
12:01 a.m. to 6:00 a.m.
1:00 a.m. to 6:00 a.m.
If found in violation of this ordinance, youths may be subject to citation and fine. The ordinance
provides for youths to have permission to be absent from school and in a public place from an
authorized school official (or parent/guardian) during the daytime prohibitions.
The remainder of this memorandum will first examine overall nighttime curfew trends for the
2001 to September 2004 period. Next, daytime curfew trends for the past three school years will
be examined. Finally, the results of this analysis are summarized and a recommendation is
presented.
NIGHTTIME CURFEW
The nighttime portion of the curfew ordinance has been on the books since 1994. During the past
three years, the police department has seen an increasing number of nighttime curfew -related
calls (Figure 1). It should be noted that the Department changed its Computer Aided Dispatch
and Records Management Systems (CAD/RMS) in May 2003. As such, the new system allows
the Department to look at calls thought to be curfew -related even if the primary nature of the call
is not a curfew violation. This transition may underlie the sharp jump in call numbers for
January -September 2004.
EXHIBIT "A"
Number of Calls
40
35 -
30-
25
20 -
15-
10-
5-
0
Figure 1. Nighttime Curfew -Related Calls, 2001 -
September 2004
2001 2002 2003
Calendar Year
*Data are for January -September 2004; Source: RRPD CAD/RMS data, various years
2004*
Figure 2 shows the month-to-month breakdown of juvenile complaints (before the CAD/RMS
replacement) and juvenile offenses (post-replacement) that were reported to police during the
hours in which the curfew was in effect. Juvenile complaints/offenses can, in some ways, be
considered a proxy for crimes committed by juveniles during curfew hours. Other offenses that
are considered to be committed heavily by juveniles include motor vehicle burglaries, thefts, and
shoplifting. With the exception of a spike in July 2003 and a drop in August -September 2004,
these early -morning calls generally fall within a common band without much year-to-year
increase. During the 2001-04 period, however, the city's population grew 20.1 percent according
to Department of Planning and Community Development figures. Thus, while population is
growing, the month-to-month number of juvenile complaints/offenses appears relatively stable.
Figure 2. Juvenile Complaints/Offenses, 2001-2004
M AMJ J A
Month of Year
Source: RRPD CAD/RMS systems, various years
2
S 0 N D
DAYTIME CURFEW
As Figure 3 illustrates, the overall number of daytime curfew calls for police service have
declined in the first and second years following the 2001 revision of the ordinance. However, the
relative share of citations increased in the 2003-04 school year. Figures 4 and 5 show general
trends in four crime categories during the August -May period roughly corresponding to a school
year. As suggested earlier, these categories are crimes which often are commited by juveniles.
90
80 -
70
60 -
`t� 50 -
w
0 40 -
0
Z 30
Figure 3. Daytime Curfew Calls by Disposition
20 -
10-
0
• Ticket or Waming
o Other Disposition
2001-02
Source: RRPD CAD/RMS System
2002-03
School Year
2003-04
Figure 4. Shoplifting and BMVs During August -May (Generally, School Years)
Number of Crime
500 -
400
300 -
200 -
100
0
Burglaries
of Motor
Vehicles
2000-01 2001-02 2002-03 2003-04
Rough School Year Correlate
Source: RRPD Uniform Crime Reports
As such, the graphs in figures 4 and 5 can be considered very rough proxies of the potential
impact on criminal activities that may have been effected by the daytime curfew ordinance. In the
3
case of motor vehicle burglaries and shoplifting, the school year approximates following the
curfew's introduction resulted in crime levels either near or lower their 2000-01 value. Daytime
burglaries rose in 2001-02 and 2002-03, but fell in the last school year. Coin-operated machine
burglaries remain quite low, overall.
A great deal of caution should be exercised in identifying enforcement of the daytime curfew
ordinance as a primary cause for these crime trends. Crime trends are affected by changes in
many things — for example, population changes, unemployment rates. The most appropriate
conclusion that could be made is that we've seen no significant increase in these categories since
the daytime curfew was implemented; in fact, several crime categories are down compared with
their 2000-01 levels.
Figure 5. Burglary Categories During August -May (Generally, School Years)
120 — -
100 -
a�
E 80
�L
U
0
L 60-
IS
40 -
20 -
0
Daytime Residential and
Business Burglaries
Coin -Operated Burglaries
IV
2000-01 2001-02 2002-03
Rough School Year Correlate
Source: RRPD Uniform Crime Reports
•
2003-04
Summary
The use of the nighttime curfew rose sharply in 2004, while the overall number of daytime
curfew calls appears to have dropped since its first inception. Despite the latter trend, the relative
number of citations rose sharply in 2003-04. It should be noted that the decline noted in Figure 3
should not be taken as a diminishing need for this tool by police. A better interpretation is that
the decline shows that enforcement of the daytime curfew may be having its intended effect —
that youths are staying in school.
As it regards the nighttime portion of the curfew, the number of nighttime juvenile
complaints/offenses has held relatively steady over the past few years, despite significant
population growth. A general decline in four other categories of crime traditionally thought to be
largely committed by juveniles has occurred since the daytime curfew took effect, though it
would be inappropriate to point to the curfew ordinance as a primary cause of that trend.
Based on these findings, the Department's recommendation to City Council should be to readopt
the Curfew Ordinance for another three years.
4
DATE: November 18, 2004
SUBJECT: City Council Meeting - November 23, 2004
ITEM: *8.A.1. Consider an ordinance re -adopting Chapter 1, Section 1.2700, Youth
Curfew, Round Rock Code of Ordinances (1995 Edition). (Second
Reading)
Department: Police Department
Staff Person: Bryan Williams, Chief of Police
Justification:
State law requires a review of the ordinance's usefulness and re -authorization every three
years.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
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, 9:00 a.m. to 2:30 p.m. on
school days. The Police Department has completed a review of its use of the ordinance
during the 2001-2004 period and recommends its reauthorization.
Public Comment: N/A