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11-016 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-016 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING AND IMPLEMENTING A JUVENILE CURFEW; PROVIDING FOR DEFINITIONS, OFFENSES, DEFENSES TO PROSECUTION, ENFORCEMENT, SEVERABILITY AND SAVINGSIREPEALING CLAUSES, AND PENALTIES; PROVIDING AN EFFECTIVE DATE AND TERMINATION PROVISION, AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that there has been an increase in juvenile violence and crime by persons under the age of seventeen (17) in the Town of Prosper, Texas ("Prosper"); and WHEREAS, the Town Council has further investigated and determined that passage of this Ordinance will promote the general welfare and protect the general public through the reduction of juvenile crime and violence within Prosper; and WHEREAS, the Town Council has further investigated and determined that persons under the age of seventeen (17) are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime; and WHEREAS, the Town Council, on behalf of Prosper and its citizens, has an obligation to provide for the protection of minors from each other and from other persons; for the enforcement of parental control over and responsibility for children; for the protection of the general public; and for the reduction of incidence of juvenile criminal activities; and WHEREAS, the Town Council has further investigated and determined that its goals in enacting this ordinance include, but are not limited to, the following: (1) reducing the number of juvenile crime victims; (2) reducing injury accidents involving juveniles; (3) allow for reduced time for officers related to juvenile crime activities and accidents; (4) provide a tool for dealing with gang activity; (5) reduce juvenile peer pressure to stay out late; and (6) assist parents in the control of their children; and WHEREAS, the Town Council has further investigated and determined that it is in the best interests of Prosper and its citizens to establish a curfew for those under the age of seventeen (17) years, as set forth below, which will promote public health, safety and general welfare; help attain the foregoing objectives; and diminish the undesirable impact of such conduct on the citizens of Prosper. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findinfzs Incorporated. The findings and determination set forth above are incorporated into the body of this ordinance as if fully set forth herein. SECTION 2: Definitions. For purposes of this ordinance, the following terms shall apply: Curfew hours means 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and 1:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term shall include but not limited to fire, natural disaster, and any automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. 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. Guardian means any person to whom custody of a juvenile has been given by a court order. Juvenile means any person under seventeen(17) years of age. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting an establishment. The term includes the members or partners of any association or partnership and the officers of the corporation. Parent means a person who is the natural or adoptive parent of a person, to include a court appointed guardian or other person eighteen (18) years or older, authorized by the parent, by a court order, or by the court, or by the court appointed guardian to have the care and custody of a person. 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, sidewalks, parks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Remain means to linger, stay, walk, run, stand, drive or ride; or 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. SECTION 3: Offenses. (a) A juvenile commits an offense if the juvenile remains in any public place or on the premises of an establishment within Prosper during curfew hours. (b) A parent or guardian of a juvenile commits an offense if such person knowingly permits, or by insufficient control allows, the juvenile to purposefully remain, walk, run, stand, drive, or ride about in or upon any public place or on the premises of any establishment within Prosper during curfew hours. (c) The owner, operator, or any employee of an establishment with Prosper commits an offense if such person knowingly allows a juvenile to remain upon the premises of the establishment during curfew hours. SECTION 4: Defenses to prosecution. (a) It is a defense to prosecution under Section 3(a)that the juvenile was: (1) Accompanied by the juvenile's parent or guardian; (2) On an errand at the direction of the juvenile's parent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the juvenile's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the juvenile's presence; (7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by Prosper; a civic organization, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by Prosper, a civic organization, or another similar entity that takes responsibility for the juvenile; (8) Exercising First Amendment rights protected by the United States Constitution; or (9) Married or had been married or had disabilities of minority removed in accordance with V.C.T.A., Family Code Chapter 31, as amended. (b) It is a defense to prosecution under Section 3(c) that the owner, operator, or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave. SECTION 5: 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 Ordinance unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense in Section 4 is present. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Penalty Provision. (a) A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00). (b) When required by V.T.C.A., Family Code Section 51.08, as amended, the municipal court shall waive original jurisdiction over a juvenile who violates Section 3(a) of this Ordinance and shall refer the juvenile to juvenile court. SECTION 9: Effective Date and Expiration Date. This Ordinance shall become effective from and after its passage and publication and will expire three (3) years from its effective date, unless sooner terminated or extended by Town Council ordinance. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 22nd day of February, 2011. RAY SMI H, Mayor ATTESTED: cc KAREN GILL, Interim Town Secretary �e b ttL-td's G 5 2011 in Dates of publication: J i - ®®®`� OF••PRO��o'' � • 3 . 6 ® w2 �1®'I�� 'E X AS O���®