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Law enforcement officer means a city police officer.
<br />Motorized wvehicle means a self-propelled vehicle subject to registration under the Certificate of Title Act (Article
<br />6687-1, Vernon's Texas Civil Statutes).
<br />Other resonsible erson means an adult, eighteen (18) years of age or older, other than a parent, guardian or
<br />custodian, in whose care and under whose individualized supervision the child has been placed by the parent,
<br />guardian, or custodian, and under circumstances which demonstrate actions indicating oversight and concern for
<br />the child.
<br />Parent means the mother, the father, or an adoptive parent, but does not include an individual whose parental
<br />rights have been terminated.
<br />Public olace means any place to which the public or a substantial group of the public has access and includes, but
<br />is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings,
<br />transport facilities and shops.
<br />Recklessi . A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the
<br />result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the
<br />circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard
<br />constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the
<br />circumstances as viewed from the actor's standpoint.
<br />Remain means to walk, run, stand, drive, ride about, stay or be otherwise present.
<br />Street means a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of
<br />vehicular travel or, in the case of a sidewalk thereof, for pedestrian travel. The term `street' includes the legal right-
<br />of-way, including, but not limited to, the traffic lanes, curb, sidewalk, whether paved or unpaved, and any grass
<br />plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespectively of what
<br />the legal right-of-way is formally named or called, whether alley, avenue, court, road or otherwise.
<br />Time of night means the prevailing standard of time, whether Central Standard Time or Central Daylight Savings
<br />Time, generally observed at that hour by the public in the city, prima facie the time then observed in the city's police
<br />department's communication division.
<br />Year of aoe continues from one (1) birthday, such as the sixteenth, to (but not including) the day of the next, such
<br />as the seventeenth birthday, making it clear that sixteen (16) or less years of age is herein treated as equivalent to
<br />the phrase `under seventeen (17) years of age.
<br />(Ordinance 2016-009, sec. 2, adopted 3/14/16)
<br />Sec. 21-54. Curfew.
<br />(a) It shall be unlawful for any child sixteen (16) years of age or less (under seventeen (17)) to
<br />intentionally, knowingly, recklessly, or with criminal negligence be in or remain in or upon the streets, a
<br />public place or an establishment within the city limits during the following nighttime curfew hours:
<br />(1) From 11:00 p.m. until 6:00 a.m. the following day on any week night (Sunday, Monday, Tuesday,
<br />Wednesday and Thursday nights);
<br />(2) From 12:00 a.m. until 6:00 a.m. the same day on any weekend night (Saturday and Sunday
<br />mornings).
<br />(b) It shall be unlawful for any child sixteen (16) years of age or less (under seventeen (17)) to
<br />intentionally, knowingly, recklessly or with criminal negligence be in or remain in or upon the streets, a
<br />public place or an establishment within the city limits during daytime curfew hours from 9:00 a.m. until
<br />2:30 p.m. weekdays (Monday, Tuesday, Wednesday, Thursday and Friday).
<br />(c) It shall be unlawful for a parent, guardian or custodian having custody and control of a child
<br />sixteen (16) years of age or less (under seventeen (17)) to intentionally or knowingly permit or, by
<br />insufficient control to allow such child to be in violation of the curfew imposed in subsection (a)(1), (a)(2)
<br />or (b).
<br />(d) It shall be unlawful for the owner, operator or other employee of an establishment to knowingly
<br />allow a child to remain upon the premises of the establishment during daytime curfew hours (from 9:00
<br />a.m. until 2:30 p.m. Monday through Friday) or during nighttime curfew hours (from 11:00 p.m. until 6:00
<br />a.m. Sunday, Monday, Tuesday, Wednesday and Thursday nights or from 12:00 a.m. until 6:00 a.m. the
<br />same day on any weekend night (Saturday and Sunday mornings) curfew hours.
<br />(e) It shall be unlawful for a parent, guardian or custodian to fail to respond to any notification by a
<br />law enforcement officer to take custody of a child, unless reasonably hindered from doing so.
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