HomeMy WebLinkAboutPO 5510: JUVENILE CURFEWinteroffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Mark T. Sokolow, City Attorney ~ ~
Date: March 21, 2005
Subject: P. O. No. 5510; Council Meeting of March 29, 2005
Attached is P. O. No. 5510 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.
MTS:ts
Attachment
cc: Chief of Police
P. O. ~o. 55~0
03/21/05 - ts
ORDINANCE NO.
AN O~DINANCE CONTINUING THE JUVENILE ~u~FEW ORDINANCES AS
DELINEATED IN SECTIONS 62-101 TO 62-106 OF THE CODE OF
ORDINANCES OF THE CITY OF PORT AKTHu~
WHEREAS, the City Council held public hearings on March 1,
2005 and March 15, 2005, 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 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 Section 62-106 of the Code of Ordinances of the
City of Port Arthur, a copy of which is attached hereto as Exhibit
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
shall be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this __ day of ,
A.D., 2005, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES: MAYOR
COUNCIL
;
NOES:
OSCAR ORTIZ, MAYOR
ATTEST:
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM~
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEPHEN FITZGIBBONS, CITY MANAGER
EXHIBIT "A"
§ 624~4 PORT ARTHUR CODE
Sec. 62-64. Firearms and handguns prohib- or older, authorized by the parent, by a court
ited in city buildings and on any order, or by the court appointed guardian to have
city-operated public transporta- the care and custody of a minor.
tion. Public place means any place to which the
It shall be unlawful for any person to carry a public or a substantial group of the public has
firearm or handgun concealed or otherwise in any access and includes, but is not limited to, streets,
city building or on any city-operated public trans- highways and the common areas of schools, hos-
portation and "no carrying of firearms or hand- pitals, apartment houses, office buildings, trans-
gun" signs shall be posted in each building and on port facilities and shops.
city-operated public transportation. The signs shall (Code 1961, § 14-40; Ord. No. 2-25, § 2, 5-28-2002)
be conspicuously located, crees reference--Definitions generally, § 1-2.
(1) The lettering, size, color and location of Sec. 62-102. Offenses.
legally required "no carrying of firearms
or handgun" signs shall be subject to the (a) It shall be unlawful for any minor to know-
approval of the chief ofpelice, ingly remain, walk, run, stand, drive or ride
about, in or upon any public place in the city
(2) It shall be unlawful for any person to between the hours of 11:00 p.m. and 6:00 a.m.,
remove, mutilate or destroy any legally Sunday through Thursday. On Friday and Satur-
required "no carrying of firearms or hand- day, it shall be unlawful for any minor to know-
gun" sign. ingly remain, walk, run, stand, drive or ride
(3) This section does not apply to a certified about, in or upon any public place in the city
peace officer, between the hours of 12:00 at night (midnight)
(Code 1961, § 14-24.1) and 6:00 a.m.
(b) It shall be unlawful for any minor to know-
Secs. 62-65 ~2-100. Reserved. ingiy 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 enter-
ARTICLE III. MINORS tainment business where alcohol is sold between
the hours of 11:00 p.m. and 6:00 a.m.
Sec. 62-101. Definitions.
(c) It shall be unlawful for the parent having
The following words, terms and phrases, when legal care and custody to knowingly allow or
used in this article, shall have the meanings permit the minor to be in violation of the curfew
ascribed to them in this section, except where the imposed in subsection (a) of this section.
context clearly indicates a different meaning: (Code 1961, § 14-41; Ord. No. 2-25, § 2, 5-28-2002)
Emergency means, but is not be limited to, fire, Sec. 62-103. Defenses.
natural disaster, an automobile accident, or ob-
tainlng immediate medical care for another per- It is a defense to prosecution under section
son. 62-102 that:
Guardian means any person to whom custody (1) The minor was accompanied by his par-
of a minor has been given by a court order, ent;
Minor means any person under 17 years of age. (2) The minor was accompanied by an adult
approved by the parents;
Parent means a person who is the natural or
(3) The minor was on an emergency errand;
adoptive parent of a minor. As used in this article,
the term "parent" shall also include a court ap- (4) The minor was attending a school, reli-
pointed guardian or other person 18 years of age gious or government sponsored activity or
Supp. No. 4 CD62:4