OR 2000-906 Amends curfew hours for minors ORDINANCE NO. 2000906
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY
OF COPPELL, TEXAS, AS AMENDED, BY REPEALING
CHAPTER 9, ARTICLE 9-17, "CURFEW HOURS .FOR
MINORS", SECTIONS 9-17-1 THROUGH 9-17-5 AND
REPLACING THE SAME WITH CURFEW HOURS FOR
MINORS REGULATIONS; 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 A FINE NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($500.00) FOR EACH OFFENSE; PROVIDING FOR CITY
COUNCIL REVIEW EVERY THREE (3) YEARS;
PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR 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/or to protect such minors; and
WHEREAS, juveniles gather in public establishments such as convenient stores, parking
lots, and eating establishments; and
WHEREAS, the City Council of the City of Coppell has determined that the adoption of
a juvenile curfew ordinance, in accordance with the provisions of Section 370.002 of the Texas
Local Government Code, 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:
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SECTION 1. That Chapter 9, Article 9-17, "Curfew Hours for Minors", Sections 9-17-1
through 9-17-5 of the Code of Ordinances of the City of Coppell, Texas, be and the same is
hereby repealed and replaced with similar sections to read as follows:
"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 of 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, parmership or corporation
operating, managing, or conducting any establishment. The term includes the
members or parents of an association or partnership and the officers of a
corporation.
Parent means a person who is:
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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, hospital, apartment houses, office buildings, 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;
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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;
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 9-17-3C is present.
Sec. 9-17-5 ADMINISTRATION
In accordance with Chapter 370.002 of the Texas Local Government Code, as
amended, the City Council shall review the Article and conditions the ordinance
was intended to remedy three (3) years for its date of passage and every third year
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thereafter. Upon review, public hearings shall be conducted on the need to
continue, modify or abolish the ordinance.
Sec. 9-17-6 PENALTIES
A. A person who violates a provision of this Section is guilty of a separate
offense for each day or part of 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 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 14 day of
March ,2000·
APPROVED;
By:· CANDY SHEEHAN, MAYOR
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ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM;
By: ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 2/29/00)
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