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G-94-05-26-9A - 5/26/1994ORDINANCE NO. a' 614 - 05- <:6-9/9 AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, BY ADDING SECTION 1.2600 TO ADOPT CURFEW HOURS FOR MINORS IN A PUBLIC PLACE OR ON THE PREMISE OF ANY ESTABLISHMENT WITHIN THE CITY OF ROUND ROCK; ADOPTING A PENALTY CLAUSE AND DEFENSES FOR A VIOLATION OF SAID ORDINANCE; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, the City Council has determined that in the City of Round Rock there has been an increase of juvenile arrests, particularly during the nighttime hours; and WHEREAS, the City Council has determined there has been an increase of crimes committed by persons under the age of seventeen; and WHEREAS, persons under the age of seventeen are particularly susceptible by their lack of maturity and experience both to participate in unlawful or gang -related activities and to be victims of older perpetrators; and WHEREAS, the City of Round Rock has an obligation to provide for the protection of minors from each other and from other persons in the area during nighttime hours, for the enforcement of parental control and responsibility of their children, for the reduction of the incidence of juvenile criminal activities, and for the protection of the general public; and WHEREAS, it is in the interest of the public health, safety, morals and general welfare to attain the foregoing objectives and KS\ORDINANCE ORCURFEW.2 to diminish undesirable impact of juvenile and adult crime on the citizens of the City of Round Rock; Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. Chapter 1 of the Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended by adding a section, to be numbered Section 1.2600 which said section shall read as follows: 1.2601 DEFINITIONS (1) Curfew Hours means: (a) 12:01 a.m. until 6:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; and (b) 1:00 a.m. until 6:00 a.m. on any Saturday or Sunday. (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: 2. (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 or impairment of the function of any bodily member or organ. 1 2602 OFFENSES (1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours. (2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. 1.2603 DEFENSES (1) It is a defense to prosecution under 1.2602 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; 3. (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 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 of Round Rock, Round Rock Independent School District, a civic organization, or another similar entity that takes 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 1.2602 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 curfew hours and refused to leave. 1 2604 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 1.2603 is present. 1.2605 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, 4. 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 1.2602(1) of this section and shall refer the minor to juvenile court. VI. It is hereby declared that this Ordinance shall become effective on June 15, 1994 at 12:01 o'clock a.m. VII. 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. READ and APPROVED on first reading this the / - _ day of V-Y-Acc , 1994. READ, APPROVED and ADOPTED on SLP —day of ATTEST: second reading this the E LAND, City Secretary CHARLES CULPEPPEI , / Mayor City of Round Rock, Texas 5. DATE: May 24, 1994 SUBJECT: City Council Meeting, May 26, 1994 ITEM: 9.A. Consider an ordinance establishing a curfew in the City of Round Rock. (Second Reading) STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: The attached ordinance reflects time changes as requested by the Council at their last meeting.