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G-01-08-23-13B1 - 8/23/2001ORDINANCE NO. l7 - 01- 08,234381 AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.2700, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS TO ADD TO A DAYTIME CURFEW PERIOD FOR THE TIME PERIOD MINORS SHOULD BE IN SCHOOL AND PROVIDE A DEFENSE THERETO; TO EXPAND THE OFFENSE TO INCLUDE WALKING, RUNNING, STANDING, DRIVING OR RIDING ABOUT OR UPON ANY PUBLIC PLACE; TO CONTINUE THE REMAINDER PROVISIONS OF THE PREVIOUS ORDINANCE 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, a report of which is attached as Exhibit A, the City of Round Rock has determined that adding additional curfew ::ODMA\WORLDOX\O:\WDOX\ORDINANC\00008869.WPD/sc1 hours to include the time period minors are required to be in school and expanding the offense to include walking, running, standing, driving or riding about or upon any public place, will enhance the good government, peace, or order of the municipality; and WHEREAS, it is necessary to amend and continue certain provisions of the Code of Ordinances to cause the provisions related to juvenile curfew hours to be in full force and effect. Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That Chapter 1, Section 1.2700 of the Code of Ordinances, City of Round Rock, Texas, is hereby amended 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. The provisions of this Subsection (c) shall expire and become null and void at 12:01 a.m. on August 1, 2002. (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. 2 (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. Minor means any person under 17 years of age. (5) (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 (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. 3 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; (f) 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; (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. 4 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 reasonable 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 $500. (2) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates 1.2702(1) of this section and shall refer the minor to juvenile court. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. 5 READ and APPROVED on first reading this the 7 - day of , 2001. READ, APPROVED and ADOPTED on second reading this the _ a31 day o ATTEST: E LAND, City Secretary , 2001. ROB �f�'� STLU , JR., a or City of Round Rock, Teas 6 EXHIBIT A ; < � m : � « >� ��\ � : < �: { } � / \ ? �� �» � \ \ � � � � < < � .. . y m« < <» � \ �« < < � . .� \\< < � � ��\ � < ��\ � < < � w � �\�(�) �� �� �} \� \ �\ �\ �} �(�} �} �} �\ \ �\ �\ �} ���} �}��������\ �\ � \\ } � � � �� �\ � \ �� } } �\ � �\ �\}\ ���\ � j�� \\ ��� « < �� » �\� � : �� ��� ��\. ` � ` » � < : �� : : < � <\�\ �\ : ? �� w�� . � � � � \} �4 2\2 d� . � \f d� §^ � \/� \/\{ \�/ \ § : �: ° ^© «V\f }4\<: y:«; ; .2V \ � . w a *1 � � 3// jy� \ \\2\\t?\\\ \d 2 224 \ � d >»2� 2 �d � « � � �� \ �+w y:* w: « . «f « «»„ � «*? �w+ h �� � � � ,� � � � � i� ���ti r��� ;;,; � � � � ���,' �4;��r 4 ., � ��„. ��� �`� �� { < �„ i� �z�, � � ,. ��: �:.. �= �` �� = ����. �, ���,�': ����� �� �� � ��-�rte$ �_ r�� T -�� �: �� �� ��� ��n �� �` :: ^F ��s f . �f ��� K� �� 7 'n �' C �� �,� '4 � '. ;� o. �����xd 4 t �� �,4 � �,�. ��,, � r �, � k £r& fi��.�v�� r�i �? a ,,,.. �'. ,,,,.,c .,.,,,tt ���-..n .... �� s r t}>�f�t�w'� r1s«, ����Ym�� s � r r s iz���;21r�r�k:��: �`; t���� t5�rit��� n �' s �1 Gr�f�§�d�Yt`1t ��,�' � �t t t z ����s�35� ,. t �r ` + �,: . ? * :< /� ,w :« y}� y : :+m y�� yam. � � \ � � \\/\ Qdd/ �� � « t}7 4.\J� : �»\} \ Q\\ „d © �db Sid+s :1 +:�: : : \ 2di}42� d Q� \2 Q S ui o3. 9 wnN 'I fy" 7 � �do 3 JCS Je W n � ?* :« /� :+ :< y\� y : : »m y y� y� , »#«2 �2 « � 2 42 . 12»«< ` � » � . �� �} : »¥©? Q�2 / ,*?\ � �� § � � y* No Text M «� '; ', i XC '. i i � . . +< < I< < I< < » »%d/ \ 2+/\ 2$/ ° � \ �/ « � � �m . . «� �� . � � �� : a �g . �d :,± .. , � �y�� , : ��>«:.�y � ; e ��2>:� , � �: ��Q \< � d #(§ �y � �d . . . y � �� . . � © � > . �� y}\ . .mm. �����$. �� ©Z}\\ �» .�� �� 2�2 �«- d y \ \�� / y . > . � �\\ �\ ���\\\ ^\ �: ��< \\ ° : � . :y ::».: . 3�� \ :.� 2 ��d � � � � r � � r � � e; � � � � � � � � � .b.��� 4 w.�{3.,�i�la�Gr t s ^��a� E � ��� �x � ��� �� �� �t � � � � 1 1� �� �� � �� i� �����; � s � �� ,iii �u irk ,�^ a �� r� �.�: '" � • d DATE: August 17, 2001, 2001 SUBJECT: City Council Meeting — August 23, 2001 ITEM: *13.B.1. Consider an ordinance amending Chapter 1, Section 1.2700, Code of Ordinances, regarding the youth curfew regulations. (Second Reading) The first reading of the ordinance was approved on August 9, 2001 with amendments. The amendments have been incorporated into this ordinance. Resource: Paul Conner, Chief of Police Captain Tim Ryle History: A change in Texas State Law requires cities that adopt curfews to review their curfew every three years and conduct a public hearing to determine whether the curfew is having the desired effect. The Police Department has reviewed the curfew and presented its findings during a public hearing at the July 26 Council meeting. The Department finds the current youth curfew is having the desired effect but feels the curfew ordinance should be expanded. The first change would establish a daytime curfew to address the problem of children not being in school during school hours. The second change more clearly defines what it means for a youth to "remain" in an area — linger or stay; 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. This agenda item is the second of two readings. Council amendments to the ordinance are included in this ordinance. Funding: Cost: N/A Source of funds: N/A Outside Resources: None Impact/Benefit: Adopting this change in ordinance will provide the Police Department with another tool with which it may address the problems of youths not being in school during school hours. Public Comment: Public Hearing Sponsor: None