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
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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:
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(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.
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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.
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(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;
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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.
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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.
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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
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