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2019-008 Curfew Ordinance Regulations for Children
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2019-008 Curfew Ordinance Regulations for Children
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2/12/2019 3:30:30 PM
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2/12/2019 3:24:57 PM
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"(2) If a law enforcement officer or a juvenile officer is unable to <br />locate the parent, guardian, custodian, or other responsible <br />person to whom a child under ten (10) years of age may be <br />released, the juvenile officer shall notify the Texas Department of <br />Human Services, Child Protective Services, for assistance in <br />finding temporary housing for the child. This procedure will <br />be consistent with already established procedures concerning <br />neglected, abandoned, or abused children. <br />"Sec. 21-57. Affirmative defenses. <br />"(a) It is an affirmative defense to prosecution under Section 21-54 of this <br />Article that: <br />"(1) A child is accompanied by a parent, guardian, custodian or other <br />responsible person as defined in this Article. <br />"(2)A child is legally married, divorced or widowed. <br />"(3) A child is the parent of a child. <br />"(4) A child is on the sidewalk of his residence. <br />"(5) F_ child is legally employed and is upon the premises of the <br />child's place of employment or is returning home, without any <br />detour or stop, from an occupation which requires the child to <br />remain out beyond the curfew hours. <br />"(6) With respect to section 21-54(b) of this Article, that the offense <br />occurred during the scheduled vacation of or on a holiday <br />observed by the school in which the child is enrolled, or that the <br />child has graduated from high school or received a high school <br />equivalency certificate, or that the child has permission to be <br />absent from school or be in a public place from an authorized <br />school official. In the case of a child being educated in a home <br />school, a parent shall be deemed a school official. <br />"(7) A child is attending or traveling directly to or from, without any <br />detour or stop, an activity involving the exercise of First <br />Amendment right of free speech, freedom of assembly, or free <br />exercise of religion. Such child shall evidence bona fide proof <br />of such exercise by carrying a written communication signed by <br />such child and countersigned, if practicable, by a parent, <br />Page 8 of 12 <br />
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