2021-35 - O -Ordinance repealing existing Article 8.04, “Curfew for Minors,” of Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances and adopting a new Article 8.04, “Curfew for Minors.” (DK) TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-35
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING EXISTING ARTICLE 8.04, "CURFEW FOR MINORS,"
OF CHAPTER 8, "OFFENSES AND NUISANCES," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER, TEXAS, AND ADOPTING A
NEW ARTICLE 8.04, "CURFEW FOR MINORS"; PROVIDING FOR
DEFINITIONS, OFFENSES, DEFENSES TO PROSECUTION,
ENFORCEMENT, SEVERABILITY AND SAVINGS/REPEALING 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; and
WHEREAS, the Town's previous juvenile curfew ordinance, codified in Article 8.04,
"Curfew for Minors," of Chapter 8, "Offenses and Nuisances," of the Code of Ordinances of
the Town of Prosper, Texas, has expired by its terms and as a consequence, this Ordinance
is adopted due to such prior ordinance's expiration by law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Article 8.04, "Curfew for
Minors," of Chapter 8, "Offenses and Nuisances," of the Code of Ordinances of the Town of
Prosper, Texas, is hereby repealed in its entirety and replaced with a new Article 8.04, "Curfew
for Minors," to read as follows:
"ARTICLE 8.04 CURFEW FOR MINORS
Sec. 8.04.001 Definitions
For purposes of this article, the following terms shall apply:
Curfew hours mean 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until
6:00 a.m. of the following day; and 12:01 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 an
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.
Juvenile means any person less than 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.
111
Ordinance No. 2021-35, Page 2
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.
Town means the Town of Prosper, Texas.
Sec. 8.04.002 Offenses
A juvenile commits an offense if the juvenile remains in any public place or on the premises of an
establishment within the town during curfew hours.
(a) 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 the town
during curfew hours.
(b) The owner, operator, or any employee of an establishment within the town commits an
offense if such person knowingly allows a juvenile to remain upon the premises of the
establishment during curfew hours.
Sec. 8.04.003 Defenses to prosecution
(a) It is a defense to prosecution under section 8.04.002(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 the town; 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 the town, 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.
Ordinance No.2021-35,Page 3
(b) It is a defense to prosecution under section 8.04.002(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.
Sec. 8.04.004 Enforcement
Before taking any enforcement action under this article, 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 article unless the officer reasonably believes that an offense has
occurred and that based on any response and other circumstances, no defense in section
8.04.003 is present.
Sec. 8.04.005 Penalties
(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 8.04.002(a) of this
article and shall refer the juvenile to juvenile court."
SECTION 3
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. The Town
Council 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 4
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 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
Ordinance No.2021-35,Page 4
SECTION 6
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 ordinance.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXA 0 • .IS 27TH DAY OF JULY, 2021.
OF PRO
"P Ray Smith Mayor
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Ro.yn Battl-,'Interim •
APPROVED AS TO FORM AND LEGALITY:
Terrence S. W Ich, Town Attorney
Ordinance No.2021-35,Page 5