2010-012 ORD CURFEW REGULATIONS FOR CHILDRENORDIIVANCE NO. 2010-012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
READOPTING ARTICLE III CURFEW REGULATIONS FOR CHILDREN OF
CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS,
TEXAS, REVISING CERTAIN LAW EIVFORCEMENT PROCEDURES
APPLICABLE TO THE CURFEW ORDINANCE A1VD MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A
REPEALER CLAUSE, SEVERABILITY CLAUSE, SAVINGS CLAUSE; AND
PROVIDI111G AN EFFECTIVE DATE.
WHEREAS, on April 13, 2007 the City Council of the City of Paris, Texas enacted
Ordinance No. 2007-007, 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 a public hearing 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 22, 2010 the City Council conducted a public hearing 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 Ciry Council of the City of Paris finds that the curfew
ordinance should be continued, 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.
Section 2. Article III Curfew Regulations for Children of Chapter 21 of the Code of
Ordinances of the City of Paris, Texas is hereby confirmed to read in its entirety as follows:
"ARTICLE III. CURFEW
REGULATIONS FOR CHILDREN
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Sec. 21-51. Shorttitle.
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 in
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.
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
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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
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that hour by the public in Paris, prima facie the time then observed in the
Paris Police Department's Communication Division.
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.
unti16:00 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.
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(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.
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.
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(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.
(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.
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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.
(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;
Page 8 of 12
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)(10) or (a)(11) of this Article. Such child shall evidence the
bona fide proof of such consent 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 of the 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
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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,
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.
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(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:
(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 S. 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 6. Introduced and read on first reading on March 22, 2010, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
April 12, 2010, at a regular meeting of the Ciry council of the City of Paris; the same being
two (2) separate regular meetings of the City Council of the City of Paris.
Page 11 of 12
Section 7. That this ordinance shall become effective from and after its passage of
the first reading and publication as required by law.
PASSED AND ADOPTED on second and final reading this 12th day of April, 2010.
ATTEST:
, ~Sd
W. Kent McII ar, 'ty Attorney - _ .1 ?'►v~-,,, .ot..G.L~,~
a ice Ellis, City Clerk
APPROVED AS TO FORM:
Z)7-4
sse Jam Freelen, Mayor
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