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92-011 ORD PROVIDING FOR CODE OF ORDINANCES BE AMENDED BY ADDING ARTICLE III TO CHAPTER 21 ORDINANCE N0. 92-011 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING ARTICLE III TO CHAPTER 21; PROVIDING FOR THE ESTABLISHMENT OF A CURFEW FOR CHILDREN DURING NOCTURNAL HOURS, TO PROVIDE CERTAIN REGULAI'IONS CONCERNING THE USE OF STREETS AND PUBLIC PLACES BY CHILDREN DURING NOCTURNAL HOURS, AND TO PROVIDE FOR RELATED MAT'TERS SUCH AS AFF'IRMATIVE DEFENSES AND PARENTAL RESPONSIBILITIES; PROVIDING F'OR PENALTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR FUBLICATION IN THE OFFICIAL NEWSPAPER AND IN THE DOLLAR SAVER; AIvD PROVIDING AlV EFFECTIVE DATE OF APRIL 15, 1992, AND A SUNSET PROVISION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the Code of Ordinances of the City of Paris be amended by adding an article to be numbered III, to read as follows: ARTICLE III. CURFEW REGULATIONS FOR CHILDREN Section 21-51. Short: Title. This ordir7ance shall be known and may be cited as the "Curfew Ordinance". Section 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 reasonable supervision of the children entrusted to their care. (b) Findings. In detersiining 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 criminal behavior decreases. (4) The victimization of children and involvement of children in crime and violent crime have reached an unac:ceptable and alarming level compell- ing the City Council to adopt this Ordinance for the public good, safety, and welfare. Section 21-53. Definitions. For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural numt>er include the singular, and words in the singular number ir►clude the plural. The word "shall" is always mandatory and riot merely directory. (a) C1TY means the City of Paris. (b) CHILD means a person who is under the age of 17 years of age. (c) CkINIINAL NEGLIGENCE - A person acts with criminal negligence, or is cr.iminally negligent, with respect to circumstar,ces 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 stand- point. (d) CUSTODIAN means the adult with whom the child resides. (e) 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. (f) 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. (g) KNOWINGLY -A person acts knowingly, or with knowledge, with respect to the nature of his conduct or tc 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. (h) LAW ENFORCEMENT OFFICER means a City of Paris Police Officer. (i) r14TORIZED VEHICLE means a self-propelled vehicle subject to registration under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes). (j) OTHER RESPUNSIBLE P'ERSON means an adult, 18 years of age or older, other than a parent, guardian or custodian, in whose care and under whose individ- ualized supervision the child has been placed by -2- the parent, guardian, or custodian, and under circumstances which demonstrate actions indicating oversight and concern for the child. (k) PARENT means the mother, the father, or an adoptive parent, but does not include an individual whose parenta.l rights have been terminated. (I) PUBLIC PLACE means any place to which the public or a substantial group of the public has access arid includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (m) REASONABLE SUSPICION means suspicion, based upon specific facts and inferences that would lead a reasonable person to conclude that someone being stopped may have committed, may be committing, or may be about to commit a violation. (n) RECKLESSLY - A person acts recklessly, or is reckless, with respect tc circumstances surrounding his conduct or the result oi 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 viewecl from the actor's standpoint. (o) REMAIN means to walk, run, stand, drive, ride about, stay or be otherwise present. (p) 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 thereot for pedestrian travel. The term "street" includes the legal right-of-way, including but not limited ta the traffic Ianes, curb, sidewalk, whether paved or unpaved, and any grass plots or other graunds found within the legal right-ot-way of a street. The term "street" applies irrespective of what the legal right-of-way is formally named ar called, whether alley, avenue, court, road, or otherwise. (q) 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 Communications Division. (r) 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 16 or less years of age is herein treated as equivalent to the phrase "under 17 years of age". Section 21-54. Curfew. (a) It shall be unlawful for any child 16 or less years of age (under 17) to intentionally, knowinglq, recklessly, or with criminal negligence be or remain in or upon the streets or a public place within the city limits of Paris during the period ending at 6:00 A.M. and beginning: -3- (1) at 11:00 P.M. week nights (Sunday through Thursday nights); (2) at 12:00 A.M. weekends (Saturday and Sunday mornings). (b) It shall be unlawful for a parent, guardian, or custodian, having custody and control of a child 16 or less years ot age (under 17) to intentionally or knowingly permit or, by reckless or criminally negligent failure t:o exercise reasonable control, to ailow such child to be or remain in or upon the streets or a public place 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 night;;); (2) at 12:00 A.M. weekends (Saturday and Sunday normings). (c) It shall be unlawful for a parent, guardian or custodian, to fail to respond to any notification by a law entorcement off-icer to take custody of a child, unless reasonably hindered from doing so. Section 21-55. Penalties. (a) A child (upon proof that a written viulation notice was given to the parent, custodian or guardian for the child's f:irst violation as set forth in Subsection 21-55(b) below) shall commit a first offense upon the second violation of Subsection 21-54(a). F'or such first offense, and for any subsequent offenses, a child upor, convictian shall be fined not more than $200 for any one offense. A municipal court may, however, defer charges aga:inst a child arising out of a violation of subsectiori 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 o1 a first violation by a child of Subsection 21-54(a) of this Ordinance, the Chief of Police shall give wx•itten notice of such violation to a parent, guardian, or custadian with a warning that any subsequent violaticrt will result in full enforcement 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 natice was given for a child's first violation as set forth in Subsection 21-55(b) above) shall commit a first offense upon the second violation of Subsection 21-54(a) by a child. For such tirst offense, and for any subsequent offenses, a parent, guardian, ar custodian upon conviction shall be fined no more than $.200 for any one offense. (d) Jurisdiction for violations of this Ordinance shall be in the riunicipal Court of the City of Paris. -4- Section 21-56. Law Entorcement Procedure. (a) Detention: (l) 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) traveling 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) retur.ning home from an educational, religious, or nonprofit activity as set forth in Subsection 21-57(a)(9); f) engaged in an emergency errand as set forth in Subsectian 21-57(a)(10); g) acting in a case of reasonable necessity as set for.th in Subsection 21-57(a)(11). (b) Proof of Violation. (1) A law er.forcement 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 17 years c:E age or older or a valid written communication from the parent, guardian, custodian, or other responsible person which falls within the pravisions of Subsection 21-57(a)(6), 21-57(a)(7), 21-57(a)(9), 21-57(a)(10) or 21-57(a)(11) of this Ordinance. (2) A law enforcement officer, upon finding or having his/her attention called to any child, in prima facie violation ot 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 .luvenile Otficer 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. -5- (3) Children under 10 years of age: a) A law enforcement officer, upon finding or having his/her attention called to any child under 10 years of age, in prima facie violation of this Ordinance, shall take the child to a 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 this 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. b) If a law enforcement officer or a juvenile officer is unable to locate the parent, guardian, custodian, or other responsible person to release a child under 10 years of age, the juvenile officer shall notify t.he Texas Department of Human Services, Child Protective Services, for assistance in finding temporary housing for this child. This procedure will be consistent: with already established procedures concerning neglected, abandoned, or abused childreri. Section 21-57. Affirmative Defenses. (a) It is an affirmative defense to prosecution under Section 21-54 of this ordinance that: (1) A chilci 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/her residence. (5) A child is legally employed and is upon the premises of the child's place of employment or is returning home from an occupation which requires the child to remain out beyond the curfew hours. (6) A child is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly, or free exercise of religion. Such child shall evidence the bona 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 ctiild; b) the name, address, and telephone number of the parent, guardian, or custodian for the child; -6- 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. (7) 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), 21-57(a)(6), 21-57(a)(9), 21-57(a)(10) or 21-57(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 such 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)(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, guardian, 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 which indicates a clear intent of traveling 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 from an activity that is sponsored by an educational, religious, or 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. -7- b) the name, address, and telephone number of the parent, guardian, custodian, or other responsible person for such 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 and the child has in his or her 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. (11) In cases of reasonable necessity and of such urgency that the pareiit, 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, custodian, or other responsibl_e person for such child; c) the height, weight, sex, color of eyes and hair, and other relevant physical characteri.stics 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 anci destination. (12) Each of t:he foregoing provisions and their several limitations, such as provisions for notification, are severable, as hereinafter provided. Section 21-58. Severability. 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 atfect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinanc.e, since the same would have been enacted by the City Cauncil without the incorporation in this Ordinance of such unconstitutional section, paragraph, sentence, clause, or phrase. -8- Section 21-58. Continuing Evaluation. (a) The City Council will contiriue to study, evaluate, and periodically update this Ordinance. (b) The City Manager will periodically report to the City Council concerning the enforcement of this Ordinance and the need for any amendments thereto. Section 21-60. Effective Date and Sunset Provision. (a) This ordinance shall become effective on April 15, 1992. (b) This Ordinance shall remain in effect until midnight on April 14, 1994. Before that date, City Council will review the enforcement of this Ordinance and the number of offenses committed by and against children, will deteruiine whether the Urdinance has been effective in reduci.ng such offenses, and will decide whether the Ordinance should remain in effect after April 14, 1994. Section 21-61. Enforcemerit. 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. This Ordinance shall be cumulative of all provisions the Code of Ordiriances of the City of Paris, Paris, Texas, as amended, except where the provisians of this Ordinance are in direct conflict with the provisions of such Code of Urdinances, in which event conflicting provisions of such Code of Ordiriances are hereby repealed. Section 3. The City Clerk of the City of Paris, Paris, Texas, is hereby directed to publish the entire Ordinance for two (2) days in the official newspaper of the City of Paris, Paris, T'exas and for ane (1) day in the Dollar Saver, as authorized by Section 52.013, Texas Local Government Code. Passed and adopted this 30th day of Mdreh, 1992. ~ orge isher, Mayor ATTEST: Mattie Cunningham, Ci er APP OVE AS 0 FORM: T. K. Haynes, City Attorney -9-