11-A Curfew AISAGENDA INFORMATION SHEET
PROJECT: Consider re-adoption of Article III to Chapter 21 of the Code of Ordinances dealing with a
curfew ordinance for children.
BACKGROUND: In 1992, the City Council adopted a curfew ordinance for children. That ordinance was
revised in 1994. The ordinance prescribed certain nighttime hours during which children under the age of 17
were prohibited from being or remaining in or on the streets or public places. The ordinance also prescribed
certain daytime hours during which children were prohibited from being anywhere other than school. The
objectives of this ordinance were to reduce the likelihood children will be victims of crime during the curfew
hours; to reduce the likelihood children will themselves become involved in criminal activity during the curfew
hours; and to aid parents, guardians, and custodians in supervising their children. A major impetus at the time
of the Council's adopting the ordinance was an upswing in juvenile gang activity in the city. In 1995, the
Texas Legislature, with little or no fanfare, passed Local Government Code Section 370.002 which provides
that, before the third anniversary of the adoption of such an ordinance, a city council must review the
ordinance, conduct public hearings on the need to continue the ordinance, and either abolish, continue, or
modify the ordinance. The statute also requires such ordinances be reviewed every three years thereafter.
DESCRIPTION: The enclosed ordinance is identical to the 1992/1994/2001 ordinance in all respects, save
the addition to the proposed new ordinance of the statutory language regarding the triennial review and re-
adoption of the ordinance. According to records maintained by the Municipal Court of the City of Paris, over
the last 3 years, City of Paris police officers have issued over 100 curfew violation notices and have made 7
arrests during the last three years. Chief of Police Karl Louis considers curfews a vital tool for law
enforcement and invaluable to officers on the street as part of the overall strategy to keep streets safer and the
crime rate percentages to a minimum. See attached memorandum. Chief Louis has stated in the past that the
ordinance has been instrumental in the Police Department's success in battling juvenile gang activity.
In order to adopt the ordinance, the Council is required to conduct public hearings on the need for such an
ordinance. Chief Louis and his staffwill be prepared to address the Council on the need for the ordinance as
well as to answer questions from the Council and the public. There does not appear to be any statutory barrier
to holding such a hearing at the same Council meeting at which the ordinance is considered and voted upon.
RECOMMENDED ACTION: Conduct two (2) public hearings on the adoption ofthe curfew ordinance (one
at Council's May 6, 2004 meeting, one at Council's May 10, 2004 meeting), followed by review, consideration,
and approval of the proposed ordinance.
STAFF CONTACT: Larry W. Schenk, City Attorney; John D. Lestock, Assistant City Attorney/Prosecutor;
Karl Louis, Chief of Police
COST: It is difficult to estimate the actual cost of enforcing a curfew ordinance outside of the costs incurred
in enforcing state law and city ordinances generally. Because ofthe volume ofviolation notices/cases detailed
above is low in relation to other types of criminal offenses prosecuted, any additional cost associated solely
with enforcement of a curfew ordinance is negligible. As for revenue, there is also little revenue associated
with enforcing the ordinance. The offenders are juveniles by definition, most ofwhom seek community service
to discharge their fines; however, what revenue is generated by the ordinance probably offsets the de minimus
cost of enforcement.
SCHEDULE: Adoption of this ordinance in the very near future is necessary to preserve this law enforcement
tool for the Police Department. The ordinance should be considered at one public hearing during Council's
meeting of May 6, 2004, followed by a second public hearing and consideration for adoption at Council's
regular meeting of May 10, 2004.
COUNCII, DATE: Consider for approval at City Council's May 10, 2004, regular meeting.
ADDITIONAL MATERIALS: See attached draft ordinance and memorandum from Chief Louis.