Loading...
94-027 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING ARTICLE II OF CHAPTER 21 OF SAID CODE ORDINANCE NO. 94-027 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING ARTICLE III OF CHAPTER 21 OF SAID CODE; PROVIDING FOR THE REESTABLISHMENT OF A CURFEW FOR CHILDREN DURING NOCTURNAL HOURS, TO PROVIDE CERTAIN REGULATIONS CONCERNING THE USE OF STREETS AND PUBLIC PLACES BY CHILDREN DURING NOCTURNAL HOURS, AND TO PROVIDE FOR RELATED MATTERS SUCH AS AFFIRMATIVE DEFENSES AND PARENTAL RESPONSIBILITIES; PROVIDING FOR PENALTIE5; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REVIEW OF' THIS ORDINANCE WITHIN SIX MONTHS AFTER THE DATE OF INITIAL ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE OF JULY l, 1994. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That Article III of Chapter 21 of the Code of Ordinances of the City of Paris be amended so that such shall read as follows: "ARTICLE III. CURFEW REGULATIONS FOR CHILDREN Sec. 21-51. Short Title This Ordinance shall be known and may be cited as the "Curfew Ordinance". Sec. 21-52. Purposes and Findings A. Purposes. The purpose of this Ordinance 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. Findin s. In determining that a need exists for this Ordinance, the City Council finds and determines as follows: 1. The City of Paris is a stable family community where parental responsibility for the whereabouts 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 crimiual behavior decreases. 1 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 Ordinance for the public good, safety and welfare. Sec.21-53. Definitions For the purposes of this Ordinance, 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. A. "City" means the City of Paris. B. "Child" means a person who is under seventeen (17) years of age. C. "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. D. "Custodian" means the adult with whom the child resides. E. "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. F. "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. G. "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. H. "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. 1. "Knowingly" - A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to the circumstances surrounding his conduct when he is aware oi' 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. J. "Law Enforcement Officer" means a City of Paris Police Officer. K. "Motorized vehicle" means a self-propelled vehicle subject to registration under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes). 2 L. "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. M. "Parent" means the mother, the father, or an adoptive parent, but does not include an individual whose parental rights have been terminated. N. "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. 0. "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. P. "Remain" means to walk, run, stand, drive, ride about, stay or be otherwise present. Q. "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. R. "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. S. "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 sha11 be unlawful for any child sixteen (16) or less years of age (under seventeen (17)) to intentionally, knowingly, recklessly, ar with criminal negligence be in or remain in or upon the streets, a public place or an establishmnet within the city lirnits of Paris during the period ending at 6:00 a.m, and beginning: l. At 11:00 p.m. week nights (Sunday through Thursday nights); and, 2. At 12:00 a. m. weekends (Saturday and Sunday marnings). B. It shall be unlawful for a parent, guardian or custodian, having custody and control of a child sixteen (16) or less years of age (under 17) to 3 intentionally or knowingly permit or, by reckless or criminally negligent failure to exercise reasonable control, to allow such child to be or remain in or upon the streets, a public place or an establishment within the city limits of Paris during the period ending at 6:00 a.m. and beginning: 1. At 11:00 p.m. week nights (Sunday through Thursday nights); and, 2. At 12:00 a.m. weekends (Saturday and Sunday mornings). C. 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 the period ending at 6:00 a.m. and beginning: 1. At 11:00 p.m. week nights (Sunday through Thursday nights); and, 2. At 12:00 a.m. weekends (Saturday and Sunday mornings). D. 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 violation notice was given to the parent, custodian or guardian 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 Subsection 21-54(A). For such first offense, and far 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 Subsection 21-54(A) 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. In the case of a first violation by a child of Subsection 21-54(A) of this Ordinance, the Chief of Police shall give written notice of such violation to a parent, guardian, or custodian with a warning that any subsequent violation will result in full enfarcement of this Ordinance, 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 violation notice was given for a child's first violation as set forth in Subsection 21- 55(B) above) sha11 commit a first offense upon the second violation of Subsection 21-54(A) by a child. 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 Ordinance shall be in the Municipal Court of the City of Paris. 4 Sec. 21-56. Law Enforcement Procedure A. Detention. 1. A law enforcement officer may stop and detain persons whom the officer has developed reasonable suspicion to believe have committed a violation of Subsection 21-54(A) of this Ordinance. 2. Prior to detaining a motor vehicle, upon reasonable suspicion to believe that the occupants are committing a violation of Subsection 21-54(A) of this Ordinance, a law enforcement officer shall attempt to ascertain, insofar as possible, that the persons are not: a. Returning home from a lawful occupation as set forth in Subsection 21-57(A)(5); b. Travelling directly to or from a First Amendment activity as set forth in Subsection 21-57(A)(6); c. Engaged in normal travel as set forth in Subsection 21- 57(A)(7); d. Engaged in interstate travel as set forth in Subsection 21- 57(A)(8); e. Returning home from an educational, religious, or nonprofit activity as set farth in Subsection 21-57(A)(10); or f. Acting in a case of reasonable necessity as set forth in Subsection 21-57(A)(11). B. Proof of Violation l. A law enforcement officer may enforce Subsection 21-54 of this Ordinance after finding a person in prima facie violation of the Ordinance in the absence of convincing evidence such as legal identification tending to show said person is seventeen (17) years of age or older or a valid written communication from the parent, guardian, custodian, or other responsible person which falls within the provisions of Subsection 21-57(A)(6), (A)(7), (A)(9), (A)(10), or (A)(11) of this Ordinance. 2. A law enforcement officer, upon finding or having his attention called to any child in prima facie violation of this Ordinance, 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 Ordinance, including parental responsibilities and applicable penalties. 3. Children under ten (10) years of age: a. 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 Ordinance, shall take the child 5 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 sha11 again attempt to contact another responsible person into whose custody the child may be released. b. 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 Ordinance that: 1. A child is accompanied by a parent, guardian, custodian or other responsible person as defined in this Ordinance. 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. A child is attending or travelling 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 the bone fides 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 Ordinance would be otherwise applicable to said child) in the exercise of a First Amendment right specified in such communication. 6 7. The child is, with the consent of the parent, guardian, or custodian of said child, engaged in normal travel in motorized vehicle within the city limits of Paris under circumstances not otherwise covered by Subsections 21-57 (A)(5), (A)(6), (A)(9), (A)(10) or (A)(11) of this Ordinance. Such child shall evidence the bona fides 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 the 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)(7). 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)(7) 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 travelling from place of origin to place of destination. 8. A child is engaged in interstate travel beginning, ending or passing through Paris. 9. A child is attending or returning directly home, without any detour or stop, from 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 the bona fides 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. 10. 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 7 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. 11. In cases of reasonable necessity and of such urgency 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. 12. Each of the foregoing provisions and their several limitations, such as provisions for notification, are severable, as hereinafter provided. 5ec.21-58. Enforcement The Paris Police Department will serve as the primary agency in the effective implementation of this Ordinance. This Ordinance, as all other laws and ordinances, shall be enforced in a fair, equitable and nondiscriminatory manner throughout the City. " Section 2. That within six (6) months after the initial enforcement of this Ordinance, the City Manager shall review this Ordinance and report and make recommendations to the City Council concerning the effectiveness of and the continuing need for this Ordinance. The City Manger's report shall specifically include the following information: A. The practicality of enforcing the Ordinance and any problems with the enforcement identified by the Police Department; B. The impact of the Ordinance on crime statistics; C. The number of persons successfully prosecuted for a violation of the Ordinance; and, D. The City's net cost of enforcing the Ordinance. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and, if any section, paragraph, sentence clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of such unconstitutional section, paragraph, sentence, clause, or phrase. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. 8 Section 5. This ordinance shall become effective July l, 1994. PASSED AND ADOPTED this 13th day of July, 1994 Don Shelton, Mayor ATTEST: ~ Mattie Cunningham, City Clerk APPROyED AS TO FORM: T. K. aynes, 9ilty Attorney ORDWORK-94: CURFEW.94 9