2007-007-ORD-Amending Article III Curfew Regulations for Children of Chapter 21 of the Code of Ord.

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Sec.21-55. Penalties. (a) A child (upon proof that a written notice of violation was given to the parent, custodian or guardian of the child for the child's first violation as set forth in Subsection 21-55(b) below) shall commit a first offense upon the second violation of Section 21-54. For such first offense, and for any subsequent offenses, a child, upon conviction, shall be fined not more than $200.00 for any one offense. A municipal court may, however, defer charges against a child arising out of a violation of Section 21-54 to a teen court program as provided in Article 46.55 of the Code of Criminal Procedure when guidelines for such referral, if necessary, have been approved by the juvenile court of the county. (b) Upon the first violation by a child of Section 21-54 of this Article, the Chief of Police or his authorized designee, shall give written notice of such violation to a parent, guardian, or custodian of the child with a warning that any subsequent violation will result in full enforcement of this Article, including enforcement of parental responsibility and applicable penalties. Such notice shall be given by personally delivering a copy to the parent, custodian or guardian, or by sending the notice to the parent, custodian or guardian by certified mail, return receipt requested. (c) A parent, guardian, or custodian (upon proof that a written notice of violation was previously issued to them for a prior curfew violation, as set forth in Subsection 21-55(b) above) shall commit a first offense upon the second violation of Section 21-54 by their child or a child for which they are guardian or over which they have custody. For such first offense, and for any subsequent offenses, a parent, guardian or custodian, upon conviction, shall be fined not more than $200.00 for any one offense. (d) Jurisdiction for violation of this Article shall be in the Municipal Court of the City of Paris. Sec. 21-56. Law enforcement procedure. (a) A law enforcement officer may stop and detain a person who the officer has developed reasonable suspicion to believe has committed a violation of Section 21-54 of this Article. (b) Prior to making an arrest or issuing a citation for a violation of this Article, a law enforcement officer shall inquire as to the person's age, and the reason for being on the street or in a public place, or in an establishment within the corporate city limits of Paris, Texas during curfew hours. Page 6 of 11