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TOWN OF PROSPER, TEXAS ORDINANCE NO. a / - c�-!�
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS REPELAING
ORDINANCE NO. 95-17; ESTABLISHING A CURFEW FOR MINORS FOR
THE TOWN 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; PROVIDING A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION 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, juvenile gang
activity and crime by persons under the age of seventeen (17) in Collin County, Texas; 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 and gang -related activities and to be victims of older
perpetrators of crime; and
WHEREAS, the Town Council, on behalf of the Town of Prosper, Texas ("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 it is in the
best interests of Prosper and its citizens to repeal Ordinance No. 95-17; 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), 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: FINDINGS INCORPORATED. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
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SECTION 2: ORDINANCE NO. 95-17 REPEALED. Ordinance No. 95-17 is hereby
repealed. Such repeal shall not abate any pending prosecution for violation of the repealed
Ordinance No. 95-17, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of Ordinance No. 95-17.
SECTION 3: DEFINITIONS.
3.1 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.
3.2 For the purposes of this Ordinance, the following words, terms, phrases and their
derivations shall have the meaning given in this Section 3.2.
(A) CURFEW HOURS means:
(1) the period beginning 10:00 p.m. and extending until 6:00 a.m.,
Sunday through Thursday;
(2) the period beginning 11:00 p.m. and extending until 6:00 a.m.,
Friday through Saturday; and
(3) 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, an 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.
(D) GUARDIAN means:
(1) a person who, under court order, is the guardian of the person of a
minor; or
(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.
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(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 eighteen (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 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 4: OFFENSES.
4.1 A minor commits an offense if he remains in any public place or on the premises
of any establishment within Prosper during curfew hours.
4.2 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 Prosper during curfew hours.
4.3 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.
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SECTION 5: DEFENSES.
5.1 It is a defense to prosecution under Section 6 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;
Is
(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, as amended.
5.2 It is a defense to prosecution under Section 6 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 6: 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 5 is present. In addition, the peace officer shall comply
with other applicable procedures prescribed by Section 52.028 of the Texas Family Code, as
amended.
SECTION 7: PENALTIES.
7.1 Any person violating this Ordinance shall be deemed guilty of a misdemeanor,
and upon conviction therefore, shall be fined a sum not exceeding Five Hundred Dollars
($500.00). Each and every day that such violation continues shall be considered a separate
offense. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
7.2 When required by Section 51.08 of the Texas Family Code, as amended, the court
shall waive original jurisdiction over a person who violates Section 4 and shall refer the person to
the appropriate court.
SECTION 8: REVIEW OF ORDINANCE. Before the third anniversary of the date of
. the adoption of this Ordinance, and every third year thereafter, the Town 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 Town Council to act in accordance with this Section shall cause this Ordinance
to expire without further action by the Town Council.
SECTION 9: REPORT OF COUNTY SHERIFF. As requested by the Town Council,
the County Sheriff or his designated representative shall review this Ordinance and make a report
and recommendations to the Town Council concerning the effectiveness of and the continuing
need of the Ordinance. The Sheriffs report shall specifically include the following information:
(A) the practicality of enforcing the Ordinance and any problems with enforcement
identified by the Sheriffs 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 10: 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
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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 11: 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 12: EFFECTIVE DATE. The caption of this Ordinance is to be published as
required by law and shall become effective immediately upon its passage and publication.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this /A* day of Ly 2001.
1 --
AMES DUNMIRE, MAYOR
ATTESTED TO AND
CORRECTLY RECORDED BY:
AMBER PHILLIPS
Town Secretary
Date(s) of Publication:
JUVENILE CURFEW ORDINANCE (REPEAL ORDINANCE NO.95-17) — Page 6
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in The McKinney Courier -Gazette
5047 1411
4-o.
CNy of Prosper
P.O. Box 307
Prosper, TX 75078
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DESC BEDS REALEPROPERrCBEC USR
E Of COLOR OR RACE ICTS THE SALE RENTAL SINVAELIDFAND
UNENFORCEABLE UNDER FEOERAL LAW (COUNT/ OF COLLIN)
(THE STATE OF TEAS) cn the date
Mraby artily that thi; instrument 0 FILED in the RECORDED- in he tidal Public
and the time stamped heeon by rne; and was Y
Records of Real Property oI Collin County. Te4s oq
NOV 1 5 2001
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Fi eo f •rdd in:
Co lzn 8ounry, h1cKinney TX
Honorable Helen Starnes
Collin County Clerk
On Nov 15 2001
At 11:52am
Doc/Num : 2001- 0146673
Recordin /Type:OR 21.00
Receipt #: 37980
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