OR 95-718 Establish curfew hours for minors ORDINANCE NO. 95718
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY
OF COPPELL, TEXAS, AS AMENDED, BY AMENDING
CHAPTER 9 TO ADD ARTICLE 9-17~ "CURFEW HOURS
FOR MINORS"; PROVIDING DEFINITIONS; CREATING
OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF
MINORS; AND BUSINESS ESTABLISHMENTS VIOLATING
CURFEW REGULATIONS; PROVIDING DEFENSES;
PROVIDING FOR THE ENFORCEMENT BY THE POLICE
DEPARTMENT; PROVIDING FOR THE WAIVER BY THE
MUNICIPAL COURT OF JURISDICTION OVER A MINOR
WHEN REQUIRED UNDER THE TEXAS FAMILY CODE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF FIVE HUNDRED DOLLARS ($$00.00) FOR
EACH OFFENSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Coppell 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 opportunities for juvenile wrongdoing; and
WHEREAS, the City Council of the City of Coppell has determined that the adoption
of a juvenile curfew ordinance will be beneficial for the general welfare of the inhabitants
of the City of Coppell; and
WHEREAS, a curfew for those under the age of seventeen (17) years will be in the
interest of the public health, safety, and general welfare and will help to obtain the objective
of protecting all citizens, and particularly juvenile citizens, of the City of Coppell;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be
and the same is hereby amended by amending Chapter 9, in part, to add Article 9-],7,
Curfew Hours for Minors, to read as follows, to wit:
AGGO?347
"ARTICLE 9-17
CURFEW HOURS FOR MINORS
Sec. 9-17-1 DEFINITIONS
Curfew Hours mean:
a. 11:00 p. m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
until 6:00 a. m. of the following day; and
b. 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 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.
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:
a. a person who, under court order, is the guardian of the person of a
minor; or
b. a public or private agency with whom a minor has been placed by a
court.
Minor means any person under seventeen (17) years of age.
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,
Parent means a person who is:
a. a natural parent, adoptive parent, or step-parent of another person; or
b. at least 18 years of age and authorized by a parent or guardian to have
the care and custody of a minor.
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,
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transport facilities, and shops.
Remain means to:
a. linger or stay; or
b. 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.
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.
Sec. 9-17-2 OFFENSES
A. 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.
B. 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.
C. 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.
Sec. 9-17-3 DEFENSES
A. It is a defense to prosecution under Subsection 9-17-2 that the minor
Was;
1. accompanied by the minor's parent or guardian;
2. on an errand at the direction of the minor'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 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;
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7. attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the City of
Coppell, 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 the City of Coppell, a civic organization, or another similar
entity that takes responsibility for the minor;
8. 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
9. married or had been married or had disabilities of minority
removed in accordance with Chapter 31 of the Texas Family
Code, as amended.
B. It is a defense to prosecution under Subsection 9-17-3C 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.
Sec. 9-17-4 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 under Subsection 9-17-3
is present.
Sec. 9-17-5 PENALTIES
A. A person who violates a provision of this Section 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 Section 51.08 of the Texas Family Code, as
amended, the municipal court shall waive original jurisdiction over a
minor who violates Subsection 9-17-2 of this Section and shall refer the
minor to juvenile court."
SECTION 2. All provisions of the ordinances of the City of Coppell in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
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provisions of the ordinances of the City of Coppell not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision
thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not
affect the validity of the Code of Ordinances of the City of Coppell, Texas.
SECTION 4. That this ordinance shall take effect immediately from and after
its passage and publication, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this/~z. day of
ix/f',._ f~.r/~4Y 1995.
APPROVED:
O~MORTON, MAYOR
ATFEST:
APPROVED AS TO FORM:
~'~R~G. SM~]~ORNEY
(PGS/ct 8-16-95)
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