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94-040 ORD PROVIDING THE CODE OF ORDINANCES BE AMENDED BY REVISING SECTIONS 21-54 AND 21-47 OF SAID CODE ORDINANCE NO. 94-040 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CIT-t' OF PARIS, BE AMENDED BY REVISING SECTIONS 21-54 AND 21-57 OF SAID CODE; PROVIDING FOR THE ESTABLISHMENT OF A CURFEW FOR MINORS TO PROHIBIT MINORS N'ROM BEING IN ANY PUBLIC PLACE BETWEEN THE HOURS OF 9:00 A.M. AND 2:30 P.M. ON SCHOOL DAYS; PROVIDING FOR EXCEPTIONS; PROVIDING PENALTIES FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR REVIEW OF THIS ORDINANCE IN JUNE OF 1995; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 1994. BE IT ORDAINED BY THE CITY COUNCIL ON THE CITY ON PARIS: Section 1. That Sections 21-54 and 21-57 of the Code of Ordinances of the City of Paris, Paris, Texas, be amended so that such shall read as follows: "Sec.21-54. Curfew A. It shall be unlawful for any child sixteen (16) or less years of age (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 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). B. It shall be unlawful for any child sixteen (16) or less years of age (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 during the period ending at 2:30 p.m. and beginning at 9:00 a.m. week days (Monday through Friday). C. 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 intentionally or knowingly perrnit or, by recklessly or criminally negligent failure to exercise reasonable 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 Ordinance. D. It shall be unlawful far the owner, operator or other employee of an establishment to knowingly allow a child to remain upon the premises of the establishment during the fallowing periods: 1. Ending at 6:00 a.m. and beginning at 11:00 p.m. week nights (Sunday through Thursday nights); 2. Ending at 6:00 a.m. and beginning at 12:00 a.m. weekends (Saturday and Sunday mornings); and, 3. Ending at 2:30 p.m. and beginning at 9:00 a.m. week days (Monday through Friday). 1 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. 21-57. Affirmative Defenses A. It is an affirmative defense to prosecution under Section 21-54 of this Ordinance that: l. 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. With respect to Section 21-54(B) of this Ordinance, that the offense occurred during tlie scheduled vacation of or on a holiday observed by the school in which the minor is enrolled, or that the minor has graduated from high school or received a high school equivalency certificate, or that the minor 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 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; and, 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. 8. 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)(7), (A)(10), (A)(ll) or 2 (A)(12) 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; and, 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 narmal 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 travelling from place ot 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 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. 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. 3 12. 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. 13. Each of the foregoing provisions and their several limitations, such as provisions for notification, are severable, as hereinafter provided." Section 2. The penalties provided irr Section 21-55 shall be applicable to the Ordinance as amended hereby. Section 3. That, during the month of June and on or before the 30th day of June, 1994, the City Manager shall review this Ordinance and report and make recommendations to the City Council concerning the effectiveness of and the continuing need far 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 4. 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 judgment 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 lbeen enacted by the City Council without the incorporation in this Ordinance of such unconstitutional section, paragraph, sentence, clause or phrase. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. This ordinance shall become effective on October 1, 1994. PASSED AND ADOPTED this 12th da f Sept ber, 1 94. )on Shelton, Ktay6iy 4 ATTEST: Mattie Cunningham, City C k APPROVED TO FORM: T. K. Hayne ity Attorney 5