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(Ordinance 2016-009, sec. 2, adopted 3/14/16)
<br />Sec. 21-55. Penalties.
<br />(a) A child (upon proof that a written notice of violation was given to the parent, custodian or guardian
<br />of the child for the child's first violation as set forth in subsection (b)) shall commit a first offense upon
<br />the second violation of"1-5
<br />4. For such first offense, and for any subsequent offenses, a child,
<br />upon conviction, shall be fined not more than two hundred dollars ($200.00) for any one (1) offense. A
<br />municipal court may, however, defer charges against a child arising out of a violation of set,.: on 21-54 to
<br />a teen court program as provided in Article 46.55 of the Code of Criminal Procedure when guidelines for
<br />such referral, if necessary, have been approved by the juvenile court of the county.
<br />(b) Upon the first violation by a child of ae t1or � 21 the chief of police or his authorized designee,
<br />shall give written notice of such violation to a parent, guardian, or custodian of the child with a warning
<br />that any subsequent violation will result in full enforcement of this chapter, including enforcement of
<br />parental responsibility and applicable penalties. Such notice shall be given by personally delivering a
<br />copy to the parent, custodian or guardian, or by sending the notice to the parent, custodian or guardian
<br />by certified mail, return receipt requested.
<br />(c) A parent, guardian, or custodian (upon proof that a written notice of violation was previously
<br />issued to them for a prior curfew violation, as set forth in subsection (b)) shall commit a first offense
<br />upon the second violation of i 2 54 by their child or a child for which they are guardian or over
<br />which they have custody. For such first offense, and for any subsequent offenses, a parent, guardian or
<br />custodian, upon conviction, shall be fined not more than two hundred dollars ($200.00) for any one (1)
<br />offense.
<br />(d) Jurisdiction for violation of this article shall be in the municipal court of the city.
<br />(Ordinance 2016-009, sec. 2, adopted 3/14/16)
<br />Sec. 21-56. Law enforcement procedure.
<br />(a) A law enforcement officer may stop and detain a person who the officer has developed
<br />reasonable suspicion to believe has committed a violation of.
<br />1D�°in ',54�
<br />(b) Prior to making an arrest or issuing a citation for a violation of this chapter, a law enforcement
<br />officer shall inquire as to the person's age, and the reason for being on the street or in a public place, or
<br />in an establishment within the corporate city limits during curfew hours.
<br />(c) The law enforcement officer shall not make an arrest or issue a citation under this chapter unless
<br />the officer reasonably believes that an offense has occurred and has determined, based upon inquiry
<br />and investigation, that none of the affirmative defenses set forth in mdrN w u 2 I "J7 to the observed
<br />violation.
<br />(d) A law enforcement officer, upon finding or having his attention called to any child in prima facie
<br />violation of this chapter, shall deliver the child to a parent, guardian, custodian, or other responsible
<br />person (under appropriate circumstances) and inform the parent, guardian, custodian or other
<br />responsible person to report to the city police department juvenile officer on a next working day so that
<br />the department may discuss with the parent, guardian or custodian the prima facie violation and
<br />enforcement of the chapter, including parental responsibilities and applicable penalties.
<br />(e) Children under ten (10) years of age.
<br />(1) A law enforcement officer, upon finding or having his attention called to any child under ten (10)
<br />years of age in prima facie violation of this chapter, shall take the child to the city police department
<br />juvenile officer if the child's parent, guardian, custodian or other responsible person cannot be located
<br />for release of the child. While the child is being detained by a juvenile officer at the police department,
<br />the juvenile officer having custody of the child shall again attempt to contact another responsible person
<br />into whose custody the child may be released.
<br />(2) If a law enforcement officer or a juvenile officer is unable to locate the parent, guardian, custodian,
<br />or other responsible person to whom a child under ten (10) years of age may be released, the juvenile
<br />officer shall notify the Texas Department of Human Services, Child Protective Services, for assistance
<br />in finding temporary housing for the child. This procedure will be consistent with already established
<br />procedures concerning neglected, abandoned, or abused children.
<br />(Ordinance 2016-009, sec. 2, adopted 3/14/16)
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