04-A Curfew Regulations for Children
DRAFT
f:attorneylordworklcurrentlCurfew Ord 2007
April 17, 2007
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AMENDING ARTICLE III CURFEW REGULATIONS FOR
CHILDREN OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE
CITY OF PARIS, TEXAS, REVISING CERTAIN LAW ENFORCEMENT
PROCEDURES APPLICABLE TO THE CURFEW ORDINANCE AND
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, SEVERABILITY
CLAUSE, AND SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on May 10, 2004 the City Council of the City of Paris, Texas enacted
Ordinance No. 2004-010, a curfew ordinance for children which is codified as Article III, Chapter
21 of the Paris Code of Ordinances; and,
WHEREAS, in accordance with Section 21-59 of the ordinance and Section 370.002 of
the Texas Local Government Code, the City Council shall conduct public hearings and review the
curfew ordinance every three (3) years to determine the effect of the ordinance on the community
and on the problems the ordinance was intended to remedy; and,
WHEREAS, on March 12, 2007, and April 9, 2007, the City Council conducted public
hearings on the curfew ordinance and received comments and testimony from the Paris Police
Department and the community about the effectiveness of the curfew ordinance; and,
WHEREAS, the testimony reflected that the curfew ordinance has been effective at
keeping juveniles safe, curbing juvenile crime and reducing gang activity; and,
WHEREAS, based on the comments and testimony received at the public hearing and
other related evidence, the City Council of the City of Paris finds that the curfew ordinance should
be continued, as amended, to revise certain law enforcement procedures applicable to the curfew
ordinance, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
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Section 2. Article III Curfew Regulations for Children of Chapter 21 of the Code of
Ordinances of the City of Paris, Texas is hereby amended to read in its entirety as follows:
"ARTICLE III. CURFEW
REGULATIONS FOR CHILDREN
Sec. 21-51. Short title.
This Article shall be known and may be cited as the 'Curfew Ordinance.'
Sec. 21-52. Purpose and findings.
(a) Purpose. The purpose of this Article is to protect the welfare of children
by:
(1) Reducing the likelihood that children will be the victims of criminal
acts during curfew hours;
(2) Reducing the likelihood that children will become involved III
criminal acts during curfew hours; and
(3) Aiding parents, guardians, custodians, or other responsible persons,
in carrying out their responsibility to exercise supervision of the
children entrusted to their care.
(b) Findings. In determining that a need exists for this Article, the City
Council finds and determines as follows:
(1) The city of Paris is a stable family community where parental
responsibility for the wherabouts of children is the norm.
(2) During nocturnal hours children are at greater risk for victimization
or becoming involved in delinquent or criminal behavior.
(3) As parental control increases, the likelihood of children being
victimized or becoming involved in delinquent or criminal behavior
decreases.
(4) The victimization of children and involvement of children in crime
and violent crime have reached an unacceptable and alarming level
compelling the City Council to adopt this Article for the public good,
safety, and welfare.
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Sec. 21-53. Definitions.
For the purposes of this Article, the following terms, phrases, words, and
their derivations shall have the following meaning given herein. When not
inconsistent with the context, words used in the present tense include the future,
words in the masculine include the feminine, words in the plural number include
the singular, and words in the singular number include the plural. The word
'shall' is always mandatory and not merely directory.
City means the City of Paris.
Child means a person who is under seventeen (17) years of age.
Criminal negligence: a person acts with criminal negligence, or is criminally
negligent, with respect to circumstances surrounding his conduct or the result of
his conduct when he ought to be aware of a substantial and unjustifiable risk that
the circumstances exist or the result will occur. The risk must be of such nature
and degree that the failure to perceive it constitutes a gross deviation from the
standard of care that an ordinary person would exercise under all the
circumstances as viewed from the actor's standpoint.
Custodian means the adult with whom the child resides.
Emergency means an unforseen 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 or 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 the person who, under court order, is the guardian of the
person of the child or the public or private agency with whom the child has been
placed by a court.
Intentionally: A person acts intentionally, or with intent, with respect to the
nature of his conduct or to a result of his conduct when it is his conscious
objective or desire to engage in the conduct or cause the result.
Knowingly: A person acts knowingly, or with knowledge, with respect to
the nature of his conduct or to circumstances surrounding his conduct when he
is aware of the nature of his conduct or that the circumstances exist. A person
acts knowingly, or with knowledge, with respect to a result of his conduct when
he is aware that his conduct is reasonably certain to cause the result.
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Law enforcement officer means a city police officer.
Motorized vehicle means a self-propelled vehicle subject to registration
under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
Statutes).
Other responsible person means an adult, eighteen (18) years of age or
older, other than a parent, guardian or custodian, in whose care and under
whose individualized supervision the child has been placed by the parent,
guardian, or custodian, and under circumstances which demonstrate actions
indicating oversight and concern for the child.
Parent means the mother, the father, or an adoptive parent, but does not
include an individual whose parental rights have been terminated.
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, hospitals, apartment houses, office buildings,
transport facilities and shops.
Recklessly: A person acts recklessly, or is reckless, with respect to
circumstances surrounding his conduct or the result of his conduct when he is
aware of but consciously disregards a substantial and unjustifiable risk that the
circumstances exist or the result will occur. The risk must be of such a nature
and degree that its disregard constitutes a gross deviation from the standard of
care that an ordinary person would exercise under all the circumstances as
viewed from the actor's standpoint.
Remain means to walk, run, stand, drive, ride about, stay or be otherwise
present.
Street means a way or place, of whatever nature, open to the use of the
public as a matter of right for purposes of vehicular travel or, in the case of a
sidewalk thereof, for pedestrian travel. The term 'street' includes the legal right-
of-way, including, but not limited to, the traffic lanes, curb, sidewalk, whether
paved or unpaved, and any grass plots or other grounds found within the legal
right-of-way of a street. The term 'street' applies irrespectively of what the
legal right-of-way is formally named or called, whether alley, avenue, court,
road or otherwise.
Time of night means the prevailing standard of time, whether Central
Standard Time or Central Daylight Savings Time, generally observed at that
hour by the public in Paris, prima facie the time then observed in the Paris
Police Department's Communication Division.
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Year of age continues from one birthday, such as the sixteenth, to (but not
including) the day of the next, such as the seventeenth birthday, making it clear
that sixteen (16) or less years of age is herein treated as equivalent to the phrase
'under seventeen (17) years of age'.
Sec. 21-54. Curfew.
(a) It shall be unlawful for any child sixteen (16) years of age or less (under
seventeen (17)) to intentionally, knowingly, recklessly, or with criminal negligence
be in or remain in or upon the streets, a public place or an establishment within the
city limits of Paris, Texas during the following nighttime curfew hours:
(1) from 11 :00 p.m. until 6:00 a.m. the following day on any week night
(Sunday, Monday, Tuesday, Wednesday and Thursday nights);
(2) from 12:00 a.m. until 6:00 a.m. the same day on any weekend night
(Saturday and Sunday mornings);
(b) It shall be unlawful for any child sixteen (16) years of age or less (under
17) to intentionally, knowingly, recklessly or with criminal negligence be in or
remain in or upon the streets, a public place or an establishment within the city
limits of Paris, Texas during daytime curfew hours from 9:00 a.m. until 2:30 p.m.
weekdays (Monday, Tuesday, Wednesday, Thursday and Friday).
(c) It shall be unlawful for a parent, guardian or custodian having custody and
control of a child sixteen (16) years of age or less (under seventeen (17)) to
intentionally or knowingly permit or, by insufficient control to allow such child to
be in violation of the curfew imposed in Section 21-54(a)(1), (a)(2) or (b) of this
section.
(d) It shall be unlawful for the owner, operator or other employee of an
establishment to knowingly allow a child to remain upon the premises of the
establishment during daytime curfew hours (from 9:00 a.m. until 2:30 p.m.
Monday through Friday) or during nighttime curfew hours (from 11 :00 p.m. until
6:00 a.m. Sunday, Monday, Tuesday, Wednesday and Thursday nights or from
12:00 a.m. until 6:00 a.m. the same day on any weekend night (Saturday and
Sunday mornings) curfew hours.
(e) It shall be unlawful for a parent, guardian or custodian to fail to respond to
any notification by a law enforcement officer to take custody of a child, unless
reasonably hindered from doing so.
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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 anyone 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 ofthe 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 anyone 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.
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(c) The law enforcement officer shall not make an arrest or issue a citation
under this Article unless the officer reasonably believes that an offense has
occurred and has determined, based upon inquiry and investigation, that
none of the affirmative defenses set forth in Section 21-57 of this Article
apply to the observed violation.
(d) A law enforcement officer, upon finding or having his attention called to
any child in prima facie violation of this Article, shall deliver the child to
a parent, guardian, custodian, or other responsible person (under
appropriate circumstances) and inform the parent, guardian, custodian or
other responsible person to report to the Paris Police Department Juvenile
Officer on a next working day so that the Department may discuss with the
parent, guardian or custodian the prima facie violation and enforcement of
the Article, including parental responsibilities and applicable penalties.
(e) Children under ten (10) years of age:
(1) A law enforcement officer, upon finding or having his attention called
to any child under ten (10) years of age in prima facie violation of this
Article, shall take the child to the Paris Police Department Juvenile
Officer if the child's parent, guardian, custodian or other responsible
person cannot be located for release of the child. While the child is
being detained by a Juvenile Officer at the Police Department, the
Juvenile Officer having custody of the child shall again attempt to
contact another responsible person into whose custody the child may
be released.
(2) If a law enforcement officer or a juvenile officer is unable to locate
the parent, guardian, custodian, or other responsible person to whom
a child under ten (10) years of age may be released, the juvenile
officer shall notify the Texas Department of Human Services, Child
Protective Services, for assistance in finding temporary housing for
the child. This procedure will be consistent with already established
procedures concerning neglected, abandoned, or abused children.
Sec. 21-57. Affirmative defenses.
(a) It is an affirmative defense to prosecution under Section 21-54 of this
Article that:
(1) A child is accompanied by a parent, guardian, custodian or other
responsible person as defined in this Article.
(2) A child is legally married, divorced or widowed.
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(3) A child is the parent of a child.
(4) A child is on the sidewalk of his residence.
(5) A child is legally employed and is upon the premises of the child's
place of employment or is returning home, without any detour or stop,
from an occupation which requires the child to remain out beyond the
curfew hours.
(6) With respect to section 21-54(b) of this Article, that the offense
occurred during the scheduled vacation of or on a holiday observed by
the school in which the child is enrolled, or that the child has
graduated from high school or received a high school equivalency
certificate, or that the child has permission to be absent from school
or be in a public place from an authorized school official. In the case
of a child being educated in a home school, a parent shall be deemed
a school official.
(7) A child is attending or traveling directly to or from, without any
detour or stop, an activity involving the exercise of First Amendment
right of free speech, freedom of assembly, or free exercise of religion.
Such child shall evidence bona fide proof of such exercise by carrying
a written communication signed by such child and countersigned, if
practicable, by a parent, guardian, custodian, or other responsible
person, which shall state:
a. The name, address, and telephone number of such child;
b. The name, address, and telephone number of the parent, guardian,
or custodian for the child;
c. The height, weight, sex, color of eyes and hair, and other relevant
physical characteristics of such child;
d. Specifying when, where, and in what manner said child will be
out (during hours when this Article would be otherwise applicable
to said child) in the exercise of a First Amendment right specified
in such communication.
(8) The child is, with the consent of the parent, guardian, or custodian of
said child, engaged in normal travel in a motorized vehicle within the
city limits of Paris under circumstances not otherwise covered by
Subsections 21-57 (a)(5), (a)(7), (a)(9), (a)(lO) or (a)(1I) of this
Article. Such child shall evidence the bona fide proof of such consent
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or
by carrying a written communication signed by the parent, guardian,
or custodian for the child which shall state:
a. The name, address, and telephone number of such child;
b. The name, address, and telephone number ofthe parent, guardian,
or custodian for such child;
c. The height, weight, sex, color of eyes and hair, and other relevant
physical characteristics of such child;
d. A brief description of facts showing the applicability of this
Subsection 21-57(a)(8).
For purposes of this Subsection, a child "engaged in normal travel in
a motorized vehicle" shall be deemed to include children who are
waiting at a designated area for public transportation in an area
specified in the parent's, guardian's, or custodian's written
communication of consent.
A child "engaged in normal travel" for purposes of this Subsection
21-57(a)(8) and of Subsection 21-56 means a child driving along the
streets in a lawful manner, without any detour or stop, which indicates
a clear intent of traveling from place of origin to place of destination.
(9) A child is engaged in interstate travel beginning, ending or passing
through Paris.
(10) A child is attending or traveling directly to or from, without any
detour or stop, an activity that is sponsored by an educational,
religious, or other nonprofit organization within 60 minutes of the
termination of the activity. Such child shall evidence bona fide proof
of such activity by carrying a written communication signed by the
parent, guardian, custodian, or other responsible person, which shall
state:
a. The name, address, and telephone number of such child;
b. The name, address, and telephone number of the parent,
guardian, or custodian for the child;
c. The height, weight, sex, color of eyes and hair, and other
relevant physical characteristics of such child; and,
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d. a brief description of the activity and evidence that said activity
is sponsored by an educational, religious, or nonprofit
organization.
(11) A child is engaged in an emergency errand, without any detour or
stop, and the child has in his possession, if practicable, a written
statement signed by the parent, guardian, custodian or other
responsible person, which states that the errand is directly related to
the health or safety of the parent, guardian, custodian or other
responsible person, or a family member and that describes the nature
of the errand and the safety emergency.
(12) A case of reasonable necessity and urgency has arisen such that the
parent, guardian, custodian, or other responsible person is unable to
accompany the child. In such cases, the child must carry a written
communication from the parent, guardian, custodian, or other
responsible person which shall state:
a. The name, address, and telephone number of such child;
b. The name, address, and telephone number of the parent,
guardian, or custodian for the child;
c. The height, weight, sex, color of eyes and hair, and other
relevant physical characteristics of such child; and,
d. A brief description of facts amounting to reasonable necessity
at a designated time for a described purpose including points of
origin and destination.
(13) Each of the foregoing provisions and their several limitations, such
as provisions for notification, are severable, as hereinafter provided.
Sec. 21-58. Enforcement.
The Paris Police Department will serve as the primary agency in the effective
implementation of this Article. This Article, as all other laws and ordinances, shall
be enforced in a fair, equitable and nondiscriminatory manner throughout the City.
Sec. 21-59. Continuing evaluation.
Before the third anniversary of the adoption of this Article, and every third year
thereafter, the City Council shall:
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(1) review the Article's effect on the community and on the problems that the
Article was intended to remedy;
(2) conduct public hearings on the need to continue the Article; and
(3) abolish, continue, or modify the Article."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with
the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of
the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and
effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment
of this ordinance shall not be construed as abandoning any action now pending under or by virtue
of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to
accrue, or as affecting any rights of the municipality under any section or provisions of any
ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial
invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any
other portion of this ordinance.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 23rd day of April, 2007.
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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