95-17 O - Curfew for Minors (17 years and under) : a
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CITY OF PROSPER, TEXAS ORDINANCE NO. 9 5-17
4) AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS FOR THE
CITY OF PROSPER, TEXAS; CREATING OFFENSES FOR MINORS,
PARENTS, GUARDIANS OF MINORS AND BUSINESS
ESTABLISHMENTS FOR VIOLATING CURFEW REGULATIONS;
DEFINING TERMS AND PROVIDING DEFENSES; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR WAIVER OF JURISDICTION BY THE
COURT WHEN REQUIRED UNDER THE TEXAS FAMILY CODE;
PROVIDING FOR REVIEW OF THIS ORDINANCE WITHIN SIX MONTHS
AFTER THE DATE OF INITIAL ENFORCEMENT; PROVIDING A
PENALTY NOT TO EXCEED $500; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION HEREOF.
WHEREAS, the City Council of the City.:of Prosper, Texas ("City Council") has
determined that there has been an increase in juvenile violence, juvenile gang activity, and
crime by persons under the age of 17 in Collin County, Texas;
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WHEREAS, persons under the age of 17 are particularlysusceptible bytheir lack of
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maturity and experience to participate in unlawful and gang-related activities and to be victims
of older perpetrators of crime;
WHEREAS, the City of Prosper, Texas ("Prosper") has an obligation to provide for
the protection of minors from each other and from other person, 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, a curfew for those under the age of 17 will be in the interest of the
public health, safety, and general welfare and will help to attain the foregoing objectives and
to diminish the undesirable impact of such conduct on the citizens of Prosper, Texas; NOW
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS:
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SECTION 1: This Ordinance is adopted in accordance with the laws of the State of
Texas, and shall be referred to as the JUVENILE CURFEW ORDINANCE FOR MINORS.
SECTION 2: Definitions.
2.1 For the purposes of this Ordinance, when not inconsistent with the context,
words used in the present tense include the future tense, words in the plural include the
singular, and words in the singular include the plural, and the use of any gender shall be
applicable to all genders whenever the sense requires. Words not defined in this Section shall
be given their common and ordinary meaning.
2.2 For the purposes of this Ordinance, the following words, terms, phrases
and their derivations shall have the meaning given in this Section 2.2.
(A) CURFEW HOURS means:
• (1) theperiod beginning 12:01 a.m. and extendinguntil 6:00 a.m.
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Sunday through Saturday; and
(2) during school hours for such period that schools within Prosper
or the County are in session, excluding any holidays, Saturdays,
or Sundays;
(B) EMERGENCY means an unforeseen combination of circumstances or
the resulting state that calls for immediate action. The term includes,
but is not limited to, a fire, a natural disaster, or automobile accident, or
any situation requiring immediate action to prevent serious bodily injury
or loss of life.
(C) 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.
111 (D) GUARDIAN means:
(1) a person who, under court order, is the guardian of the person of
a minor; or
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(2) a public or private agency with whom a minor has been placed
by a court.
• (E) MINOR means any person under seventeen (17) years of age.
(F) OPERATOR means any individual, firm, association, partnership, or
corporation operating, managing, or conducting any establishment. The
term includes the members or partners of an association or partnership
and the officers of a corporation.
(G) PARENT means a person who is:
(1) a natural parent, adoptive parent, or step-parent of another
person; or
(2) at least 18 years of age and authorized by a parent or guardian to
have the care and custody of a minor.
(H) 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
110 houses, office buildings, transport facilities, and shops.
(I) REMAIN means to:
(1) linger or stay; or
(2) 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.
(J) SERIOUS BODILY INJURY means bodily injury that creates a
substantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of any
bodily member or organ.
SECTION 3: Offenses.
3.1 A minor commits an offense if he remains in any public place or on the
premises of any establishment within the city during curfew hours.
3.2 A parent or guardian of a minor commits an offense if he knowingly
permits, or by insufficient control allows, the minor to remain in any
public place or on the premises of any establishment within the city
during curfew hours.
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3.3 The owner, operator, or any employee of an establishment commits an
offense if he knowingly allows a minor to remain upon the premises of
the establishment during curfew hours.
SECTION 4: Defenses.
4.1 It is a defense to prosecution under Section 5 that the minor was:
(A) accompanied by the minor's parent or guardian;
(B) on an errand at the direction of the minor's parent or guardian,
without any detour or stop;
(C) in a motor vehicle involved in interstate travel;
(D) engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or stop;
(E) involved in an emergency;
(F) on the sidewalk abutting the minor's residence or abutting the
residence of a next-door neighbor if the neighbor did not
complain to the police department about the minor's presence;
(G) 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 minor, or going to or returning home from, without any
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 minor;
(H) exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of
speech, and the right of assembly; or
(I) married or had been married or had disabilities of minority
removed in accordance with Chapter 31 of the Texas Family
Code.
4.2 It is a defense to prosecution under Subsection 5 that the owner,
operator, or employee of an establishment promptly notified the police
department that a minor was present on the premises of the
establishment during curfew hours and refused to leave.
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SECTION 5: Enforcement.
• Before taking any enforcement action under this section, a peace 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 section 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. In addition, the peace officer shall comply with other applicable
procedures prescribed by Section 52.028 of the Texas Family Code.
SECTION 6: Penalties.
6.1 A person who violates a provision of this chapter is guilty of a C
misdemeanor. 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 $500.
6.2 When required by Section 51.08 of the Texas Family Code, as amended,
the court shall waive original jurisdiction over a person who violates
Subsection 3 of this section and shall refer the person to the appropriate
court.
SECTION 7: Before the third anniversary of the date of the adoption of this
Ordinance, and every third year thereafter, the City Council shall:
(A) Review the effects of the Ordinance on the community and on problems
the Ordinance was intended to remedy;
(B) Conduct public hearings on the need to continue the Ordinance; and
(C) Abolish, continue, or modify the Ordinance.
The failure of the City Council to act in accordance with this Section shall cause this
Ordinance to expire without further action by the City Council.
SECTION 8: As requested by the City Council, the County Sheriff or his designated
representative shall review this Ordinance and make a report and recommendations to the City
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Council concerning the effectiveness of and the continuing need of the Ordinance. The
• Sheriff's report shall specifically include the following information:
(A) the practicality of enforcing the Ordinance and any problems with enforcement
identified by the Sheriff's department;
(B) the impact of the Ordinance on crime statistics;
(C) the number of persons successfully prosecuted for a violation of the Ordinance;
and
(D) the County's net cost of enforcing the Ordinance.
SECTION 9: All Ordinances in conflict herewith, either in whole or in part, are
repealed and replaced by this Ordinance only to the extent of such conflict. Any remaining
portions of the repealed ordinance shall emain in full force and effect.
SECTION 10: Should any part or portion of this Ordinance be declared unconstitutional or
• invalid by a court of competent jurisdiction, it is expressly provided that any and all
remaining portions and those provided for within this Ordinance shall remain in full force and
effect.
SECTION 11: This Ordinance shall take effect immediately from and after its
passage and publication in accordance with the laws of this state, and it is accordingly so
ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS, on this 10 day of OCTOBER 1995.STEP, N COFF r ,
Mayor, City of Prosper
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ATTEST: APPROVED AS TO FORM:
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SHE EY J K Ab rnathy, Roeder, Robertson & Joplin, P.C.
City Secretary D. KAY WOODS
City Attorneys
DATE OF PUBLICATION IN THE MCKINNEY COURIER GAZETTE:
OCTOBER 27, 1995
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