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HomeMy WebLinkAboutPO 6610: CONTINUING THE JUVENILE CURFEW P. O. No. 6610 01/11/2017 gt ORDINANCE NO. AN ORDINANCE CONTINUING THE JUVENILE CURFEW ORDINANCE 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 January 17, 2017 and January 31, 2017 to receive input as to: (1) 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 the Juvenile Curfew Ordinance has reduced crime; and 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 62-106 of the Code of Ordinances of the City of Port Arthur, a copy of which is attached hereto as Exhibit "A". NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 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 herein continued and the Ordinance shall be enforced. Section 3. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. s.po6610 READ, ADOPTED AND APPROVED on this day of , A.D., 2017, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Va ecia R. Tizen% City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal City Manager s.po6610 EXHIBIT "A" s.po6610 Port Arthur, TX Code of Ordinances Page 1 of 4 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 obtaining immediate medical care for another person. Guardian means any person to whom custody of a minor has been given by a court order. Minormeans any person under 17 years of age. Parentmeans 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 appointed 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, hospitals, apartment houses, office buildings, transport facilities and shops. (Code 1961, § 14-40; Ord. No. 2-25, § 2, 5-28-2002; Ord. No. 05-26, § 2, 3-29-2005; Ord. No. 08-37, exh. A, 4-8-2008; Ord. No. 11-10, § 2(exh. A), 3-8-2011; Ord. No. 14-09 , § 2(Exh. A), 3-4-2014) Cross reference— Definitions generally, § 1-2. Sec. 62-102. - Offenses. (a) It shall be unlawful for any minor to knowingly 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 Saturday, it shall be unlawful for any minor to knowingly 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 knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city within 200 feet of a nightclub, bar or other entertainment 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 permit about:blank 1/11/2017 Port Arthur, TX Code of Ordinances Page 2 of 4 the minor to be in violation of the curfew imposed in subsection (a) of this section. (Code 1961, § 14-41; Ord. No. 2-25, § 2, 5-28-2002; Ord. No. 05-26, § 2, 3-29-2005; Ord. No. 08-37, exh. A, 4-8-2008; Ord. No. 11-10, § 2(exh. A), 3-8-2011; Ord. No. 14-09 , § 2(Exh. A), 3-4-2014) Sec. 62-103. - Defenses. It is a defense to prosecution under section 62-102 that: (1) The minor was accompanied by his parent; (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, religious or government sponsored activity or was going to or coming from a school, religious or government sponsored activity; (5) The minor was engaged in a lawful employment activity or was going directly to or coming directly from lawful employment; (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 application of section 62-102 would contravene his rights protected by the Texas or United States Constitutions; (10) The minor was married or had been married or had disabilities of minority removed in accordance with V.T.C.A., Family Code ch. 31. (Code 1961, § 14-42; Ord. No. 2-25, § 2, 5-28-2002; Ord. No. 05-26, § 2, 3-29-2005; Ord. No. 08-37, exh. A, 4-8-2008; Ord. No. 11-10, § 2(exh. A), 3-8-2011; Ord. No. 14-09 , § 2(Exh. A), 3-4-2014) 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 question, or unless the minor about:blank 1/11/2017 Port Arthur, TX Code of Ordinances Page 3 of 4 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 minor. (2) Each parent or guardian of a minor between the ages of six and 16, inclusive, shall have a duty to prohibit the minor from behaving contrary to subsection (a)(1) of this section. No parent or guardian shall fail to fulfill the duty imposed by this section. (3) Any person who violates subsection (a)(2) of this section, is guilty of failing to supervise a minor of compulsory school age. (b) Children suspended or expelled from school to remain under supervision;parental duties imposed. 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 minor, or to arrange for a responsible adult to supervise the minor, 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 between 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 employment had he not been suspended or expelled, except in the circumstances described in section 62-103. (Code 1961, § 14-42.1; Ord. No. 2-25, § 2, 5-28-2002; Ord. No. 05-26, § 2, 3-29-2005; Ord. No. 08- 37, exh. A, 4-8-2008; Ord. No. 11-10, § 2(exh. A), 3-8-2011; Ord. No. 14-09 , § 2(Exh. A), 3-4-2014) 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 punishable as provided in section 1-13. (Code 1961, § 14-43; Ord. No. 2-25, § 2, 5-28-2002; Ord. No. 05-26, § 2, 3-29-2005; Ord. No. 08-37, about:blank 1/11/2017 Port Arthur, TX Code of Ordinances Page 4 of 4 exh. A, 4-8-2008; Ord. No. 11-10, § 2(exh. A), 3-8-2011; Ord. No. 14-09 , § 2(Exh. A), 3-4-2014) Sec. 62-106. - Enforcement of article provisions. Notwithstanding the penal effect of this article, the chief of police is encouraged to develop alternative 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 manner. (Code 1961, § 14-44; Ord. No. 2-25, § 2, 5-28-2002; Ord. No. 05-26, § 2, 3-29-2005; Ord. No. 08-37, exh. A, 4-8-2008 Ord. No. 11-10, § 2(exh. A), 3-8-2011; Ord. No. 14-09 , § 2(Exh. A), 3-4-2014) about:blank 1/11/2017