HomeMy WebLinkAboutPO 5853: JUVENILE CURFEWinteroffice.
MEMORANDUM
To:
From:
Date:
Mayor, City Council, and City Manager ~
Mark T. Sokolow, City Attorney ~,,,,/J ~~~e~
April 1, 2008 A ril 8, 2008
Subject: P. O. No. 5853; Council. Meeting P
5853 continuing the Juvenile Curfew
Attached is P. O. No.
Ordinannances ofltheaCiaylofSPort Arthur101 to 62-106 of the Co e
of Ordi
MTS:ts
Attachment
¢.po5853 _memo
Office of the City Secretary
Memorandum
DATE: Febnrary 27, 2008
T0: P ice Chief Mark Blanton ~
~ty Attorney Mark T. Sokolow
FROM: Acting City Secretary Terri Hanks
SUBJECT:- Curfew Ordinance
Please see the attached correspondence from the Texas Municipal League Legislative Update regarding
updating Curfew Ordinances every three years. Our Code. of Ordinance indicates that the code was last
revised March 29, 2005. -
For your convenience, the attached documentation should be of assistance In the preparation of our
curfew ordinance, Code of Ordinance, Article III, Minors.
Thank you.
Enclosures
"REMEMBER, WE ARE' HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
cause specific economic harm to its members. In 2007, the TCTA appealed the dismissal' to the
Fifth Circuit Court of Appeals. On February 7, 2008, the Fifth Circuit issued. its opinion and
concluded that the TCTA's claims aze, in fact, ripe for further proceedings. The case will now be
remanded to the trial court for proceedings on the merits. '
TML will continue to work with interested parties to protect the interests of Texas cities. Please
contactthe TML Legal Service Department with questions at (512) 231-7400.
Don't For et• Carfew Ordinances Need Review
Section 370.002 of the Local Government Code requires that after a city adopts a juvenile curfew
ordinance, the city must review and readopt the ordinance every three years. The statute.
requires that a city:
(1) review the ordinance's effects on the community and. on problems the ordinance was
intended to remedy;
(2) conduct public hearings on the need to continue the ordinance; and
(3) abolish, continue, or modify the ordinance.
A juvenile curfewordinance expires if a city does not review and readopt it every three yeazs.
For more information on this issue, please contact the Texas Municipal League Legal Services
Department at (512) 231-7400 or legal@tml.org.
TML member cities may use the material herein jor any purpose.
No other person or entity may reproduce, duplicate, or distribute any part
ojthis document without the written authorization ojthe ;
Texas Munici al Lea ue
For further information roetart the TML ,egislat.ive Servlses Departmeot• aww Imp or
1821 Rutherford lane, Suite 400, Austin, texas 18154-5128 512-231.7400, Fax 912-231-1490 9
p. O. No. 5853
04/01/08 gt
ORDINANCE NO'.
AN ORDINANCE -CONTINUING THE JUVENILE CIIRFEW
ORDINANCES AS DELINEATED IN SECTIONS 62-101 TO
62-106 OF THE CODE OF ORDINANCES OF THE CITY
OF PORT ARTHIIR
WHEREAS, the City Council held public hearings on March 25,
2008 and April 8, 2008 as to receive 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 xeview of the Juvenile Curfew Ordinance is
required by Section 37D.o02 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 ARTHIIR:
Sect 1- That the facts and opinions in the preamble
are true and correct.
That the Curfew Ordinance, as delineated in
Sect ?•
Sections 62-101 to 62-106 of the Code of Ordinances, is herein
continued. and the Ordinance shall be enforced.
z.po5853
Section 3. That a copy of the caption of this Ordinance
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2008, at a Council Meeting of the City Council of the City
of Port Arthur, Texas., by the following vote:
AYES: Mayor
,
City Council
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
z.po5B53
r
EXHIBIT ~~~"
ARTICLE IIL MINORS
Yage 1 of 3
IIPort Arthur, TexasICODE OF ORDINANCES City of PORT ARTHUR, TEXAS Codified
through Ord. No. 07-79, enacted Oct. 9, 2007. (Supplement No. 19)IChapter62
OFFENSES*/ARTICLE III. MINORS
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 meahing:
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. ,
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,
authored by the palrent~bycaudourtcorderapo~by he coudrt appointed gua dia nt ehaveftheecareland
custody ofa minor.
Pubiic 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. OS-26, § 2, 3-29-2005) -
Cross references: 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 parenthaving legal care and custody to knowingly allow or permit
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)
Sec. 62-103. Defenses.
____ ~tisa-defense to"prosecution-under-section~2~A2~haL~------------- - - "
(1) The minor was accompanied by his parent; .
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AK'fICLE Ill. MINUKS
Yage Z OI S
(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 orguardian;
(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;
(g)' 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.GA., Family Code ch. 31.
(Code 1961, § 14-42; Ord. No. 2-25, § 2, 5-28-2002; Ord. No. 05-26, § 2, 3-29-2005)
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, lacerwth n the city excepfan
been suspended or expelled from school,. shall be at any p
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 has written proof from school authorities excusing him fro aae tno~ngu ~d~an aorha
time in question, or unless the minor is accompanied 6y a p 9
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~f this
have a duty to prohibit the minor from behaving.. contrary to subsection (a)(1)
subsection. No parent orguardian 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; parehtal duties
imposed. If a minor between the ages of six arid 16, inclusive, is suspended or expelled from
school, then each. parent orguardian of the minor shall have the following dutiesfor 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-raith~upewision-No-minor-between-the-age-of~ix~nd 18,-inclusive who-has
been suspended or expelled from school, shall fail to comply with supervision provided or
arranged 6y a parent orguardian pursuant to subsection (b) of this section.
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AKl'1CL1/ 111. MllVUK~
(d) Children suspendredusiveX weho has been suspended oraexpelled from schoob shaelebe et
ages of six and 16,
school or in any public place at the times that he would have been required to be in atten ante
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)
Sec. 62-105. Penalty for violation of article. on conviction,
Any minor or parent of a minor violating the provisions of this. article shall be, up
guilty of a misdemeanor, which shall be punishable as provided in secti2n3-29.2005)
(Code 1961, § 14-43; Ord. No. 2-25, § 2, 5-28-2002; Ord. No. 05-26, §
Sec. 62-106. Enforcement of article provisions. '
Notwithstanding the penal effect of this article, the chief of police- is encouraged to develop
theirnaelsidences,ecounseling gw th minors and thee parentsdoroguard anstl the issuanceoof warning
writin nt tmembe s of thelpol ce departmentdso th t this article maytbe enforced Waal un'ifo mmmagnned in
9
(Code 1961, § 14-44; Ord. No. 2-25, § 2, 5-28-2002; Ord. No. 05-26, § 2, 3-29-2005
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