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04-Curfew OrdinanceDRAFT ATTORNEY/ALICE/ORDWORK/CURRENT/Curfew March 23, 2001 ORDINANCE NO. __________ _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING ARTICLE III TO CHAPTER 21 OF THE CODE OF ORDINANCES, CITY OF PARIS, TEXAS, ENTITLED “CURFEW ORDINANCE FOR CHILDREN”; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore adopt and thereafter amend Chapter 21, Article III, Sections 21-51 through 21-59, entitled “Curfew Regulations for Children;” WHEREAS, pursuant to Local Government Code Section 370.002, enacted after the effective date of said ordinance, said ordinance has expired by operation of law; WHEREAS , the objectives which gave rise to said ordinance still exist, namely of keeping juveniles safe and of curbing juvenile crime and gang activity; and WHEREAS , Local Government Code Section 370.002 further provides that such ordinances be reviewed every three years; and, WHEREAS , said ordinance has been shown to assist law enforcement agencies in reaching said objectives, in particular, that said ordinance has been an instrumental tool in keeping juvenile gang activity to a very low level within the City of Paris; and, WHEREAS, the City Council of the City of Paris has reviewed the former ordinance's effects on the community and on problems the ordinance was intended to remedy, and finds and determines that the ordinance had a positive influence and affect on assisting law enforcement agencies with regard to juveniles and juvenile criminal activity within the City of Paris; and, WHEREAS, on March 26, 2001, and April 9, 2001, the City Council conducted public hearings on the need to continue a curfew ordinance in effect within the City Limits of the City of Paris; and, WHEREAS, the City Council desires to adopt and continue in effect a curfew ordinance for NOW, THEREFORE, the City of Paris; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. -1- Section 2. That there is hereby adopted an Article III, Sections 21-51 through 21-59, to Chapter 21 of the Code of Ordinances of the City of Paris, Texas, said Article III, Sections 21-51 through 21-59 to read as follows: ARTICLE III. CURFEW “ REGULATIONS FOR CHILDREN Sec. 21-51. Short Title. 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 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. -2- 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. 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. -3- 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 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) or less years of age (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 during the period ending at 6:00 a.m. and beginning: (1)At 11:00 p.m. week nights (Sunday through Thursday nights); (2)At 12:00 a.m. weekends (Saturday and Sunday mornings); -4- (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 seventeen (17)) to intentionally or knowingly permit 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 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 the following 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). (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 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 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 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 article, 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 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. -5- (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) shall 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 article shall be in the Municipal Court of the City of Paris. 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 article. (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 article, 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)(7); c.Engaged in normal travel as set forth in Subsection 21-57(a)(8); d.Engaged in interstate travel as set forth in Subsection 21-57(a)(9); e.Returning home from an educational, religious, or nonprofit activity as set forth in Subsection 21-57(a)(10); f.Engaged in an emergency errand as set forth in subsection 21- 57(a)(11); or g.Acting in a case of reasonable necessity as set forth in subsection 21-57(a)(12). (b)Proof of Violation (1)A law enforcement officer may enforce Subsection 21-54 of this article after finding a person in prima facie violation of the article 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)(7), (a)(8), (a)(10), (a)(11), or (a)(12) of this article. -6- (2)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. (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 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. 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 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 -7- 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 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 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 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; d.A brief description of facts showing the applicability of this -8- 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 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. (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; -9- 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. 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; (1)conduct public hearings on the need to continue the article; and (2)abolish, continue, or modify the article.” Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. 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 the continued enforcement and effectiveness of any of the remaining sections, paragraphs, sentences, clauses, and phrases of this ordinance, it being the intention of the City Council that said ordinance would have been enacted without the inclusion of such unconstitutional section, paragraph, sentence, clause, or phrase. Section 5. That this ordinance shall become effective on May 1, 2001. -10- PASSED AND ADOPTED this 9th day of April, 2001. ____________________________________ Michael J. Pfiester, Mayor ATTEST: ___________________________________ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney -11-