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Home My WebLink AboutPO 5257: JUVENILE CURFEWINTER OFFICE MEMO To: Mayor, City Council & City Manager From: Mark T. Sokolow, City Attorney ~ ~ Subject: P. Oo No. 5257 - May 28, 2002 Council Meeting Date: May 21, 2002 Attached is P. O. 5257 which is an Ordinance continuing the Juvenile Curfew. MTS/ts Attachment cc: Chief of Police P. O. No. 5257 05/21/02 - ts ORDINANCE NO. AN ORDINANCE CONTINUING THE JUVENILE CURFEW ORDINANCES AS DELINEATED IN SECTIONS 62-101 TO 62-106 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR WHEREAS, the City Council held public hearings on May 14, 2002 and May 28, 2002, to receive public input as to 1) review the effect of the Juvenile Curfew Ordinance on the City and any problems the Ordinance was intended to remedy; and 2) the need, if any, to continue, modify or abolish the Juvenile Curfew Ordinance; and WHEREAS, this review of the Juvenile Curfew Ordinance is required by Section 370.002 of the Local Government Code; and WHEREAS, the City Council finds that Curfew Ordinance has reduced crime; and the Juvenile WHEREAS, the City Council deems it in the public interest of the City to continue the Juvenile Curfew Ordinance as delineated in Sections 62-101 to Section 62- 106 of the Code of Ordinances of the City of Port Arthur, a copy of which is attached hereto as Exhibit ~A". BE IT ORDAINED BY THE CITY COUNCIL OF NOW THEREFORE, THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the Curfew Ordinance as delineated in Sections 62-101 to 62-106 of the Code of Ordinances is be enforced. Section 3. Ordinance shall Council. READ, herein continued and the Ordinance shall That a copy of the caption of this be spread upon the Minutes of the City ADOPTED AND APPROVED on this day of , A.D., 2002, at a Regular Meeting of the the City of Port Arthur, Texas, by the AYES: MAYOR City Council of following vote: COUNCIL ; NOES: OSCAR ORTIZ, MAYOR ATTEST: JAN STRODER, ACTING CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEPHEN FITZGIBBONS, CITY MANAGER EXHIBIT ~'A" § 62-64 PORT ARTHUR CODE Sec. 62-64. Firearms and handguns prohib- ited in city buildings and on any city-operated public transporta- tion. It shall be unlawful for any person to carry a firearm or handgun concealed or otherwise in any city building or on any city-operated public trans- portation and "no carrying of firearms or hand- gun" signs shall be posted in each building and on city-operated public transportation. The signs shall be conspicuously located. (1) The lettering, size, color and location of legally required "no carrying of firearms or handgun" signs shall be subject to the approval of the chief of police. (2) It shall be unlawful for any person to remove, mutilate or destroy any legally required "no carrying of firearms or hand- gun" sign. (3) This section does not apply to a certified peace officer. (Code 1961, § 14-24.1) Secs. 62-65--62-100. Reserved. ARTICLE III. MINORS Sec. 62-101. 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: Emergency means, but is not be limited to, fire, natural disaster, an automobile accident, or ob- taining immediate medical care for another per- son. Guardian means any person to whom custody of a minor has been given by a court order. Minor means any person under 17 years of age. Parent means a person who is the natural or adoptive parent of a minor. As used in this article, the term "parent" shall also include a court ap- pointed guardian or other person 18 years of age or older, authorized by the parent, by a court order, or by the court appointed 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, hos- pitals, apartment houses, office buildings, trans- port facilities and shops. (Code 1961, § 14-40) Cross reference--Definitions generally, § 1-2. See. 62-102. Offenses. (a) It shall be unlawful for any minor to know- ingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city between the hours of 11:00 p.m. and 6:00 a.m., Sunday through Thursday. On Friday and Satur- day, it shall be unlawful for any minor to know- ingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city between the hours of 12:00 at night (midnight) and 6:00 a.m. (b) It shall be unlawful for any minor to know- ingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city within 200 feet ora nightclub, bar or other enter- tainment business where alcohol is sold between the hours of 11:00 p.m. and 6:00 a.m. (c) It shall be unlawful for the parent having legal care and custody to knowingly allow or pe~rmit the minor to be in violation of the curfew imposed in subsection (a) of this section. (Code 1961, § 14-41) Sec. 62-103. Defenses. It is a defense to prosecution under section 62-102 that: (1) The minor was accompanied by his par- ent; (2) The minor was accompanied by an adult approved by the parents; (3) The minor was on an emergency errand; (4) The minor was attending a school, reli- gious or government sponsored activity or CD62:4 OFFENSES § 62-104 was going to or coming from a school, religious or government sponsored activ- ity; (5) The minor was engaged in a lawful em- ployment activity or was going directly to or coming directly from lawful employ- ment; (6) The minor was on the sidewalk of the place where he resides; (7) The minor was on an errand directed by his parent or guardian; (8) The minor was in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area is the most direct route; (9) The minor was engaged in, participating in or traveling to or from any event, function or activity for which the applica- tion of section 62-102 would contravene his rights protected by the Texas or United States Constitutions; (10) The minor was married or had been mar- ried or had disabilities of minority re- moved in accordance with V.T.C.A., Fam- fly Code ch. 31. (Code 1961, § 14-42) Sec. 62-104. School age children to be in school. (a) Compulsory attendance at school; parental duties imposed. (1) No minor between the ages of six and 16, inclusive, other than a minor who has been suspended or expelled from school, shall be at any place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day, unless school has been dismissed at the time in ques- tion, or unless the minor has written proof from school authorities excusing him from attending school at the time in question, or unless the minor is accompanied by a parent or guardian, or a responsible adult selected by the parent or legal guardian to supervise the n~nor. (2) Each parent or guardian of a minor be- tween the ages of six and 16, inclusive, shall have a duty to prohibit the minor from behaving contrary te subsection (a)(1) of this subsection. No parent or guardian shall fall to fulfill the duty imposed by this section. (3) Any person who violates subsection (a)(2) of this section is guilty of failing to super- vise a minor of compulsory school age. (b) Children suspended or expelled frvm school to remain under supervision; parental duties ira- posed. If a minor between the ages of six and 16, inclusive, is suspended or expelled from school, then each parent or guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the mi- nor, or to arrange for a responsible adult to supervise the n~nor, at the times that the minor would have been required to be in attendance at school had he not been suspended or expelled; and (2) The duty to prohibit the minor from being at school or any public place at the time that the minor would have been required to be in attendance at school had he not been suspended or expelled, except in the circumstances found in section 62-103. (c) Compliance with supervision. No minor be- tween the age of six and 16, inclusive, who has been suspended or expelled from school, shall fail to comply with supervision provided or arranged by a parent or guardian pursuant to subsection (b) of this section. (d) Children suspended or expelled from school not to be at school. No minor between the ages of six and 16, inclusive, who has been suspended or expelled from school shall be at school or in any public place at the times that he would have been required to be in attendance at school or employ- ment had he not been suspended or expelled, except in the circumstances described in section 62-103. (Cede 1961, § 14-42.1) CD62:5 § 62-105 PORT ARTHUR CODE Sec. 62-105. Penalty for violation of article. Any minor or parent of a minor violating the provisions of this article shall be, upon conviction, guilty of a misdemeanor, which shall be punish- able as provided in section 1-13. (Code 1961, § 14-43) Sec. 62-106. Enforcement of article prowl- sions. Not~vithstanding the penal effect of this article, the chief of police is encouraged to develop alter- native enforcement strategies which may include, but need not be limited to, the return of minors to their residences, counseling with minors and their parents or guardians, the issuance of warning citations to minors or their parents or guardians. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in a uniform (Code 1961, § 14-44) CD62:6