Item 6A
DPS
EPARTMENT OF UBLIC AFETY
M E M O R A N D U M
February 21, 2008
TO:
Shana Yelverton, City Manager
FROM:
Wade G. Goolsby, DPS - Chief of Police Services
SUBJECT: Ordinance No. 928, 2nd Reading, Adopt an Ordinance to add Article
VII “Curfew Hours for Minors” to Chapter 15, “Public Safety” of the
Southlake Code of Ordinances
Action
Requested:
Consider adopting Ordinance 928 to add a new Article VII, “Curfew
Hours for Minors” to Chapter 15, “Public Safety” of the Southlake Code
of Ordinances.
Background:
The City of Southlake has grown and developed significantly over the
past few years. With the development of Town Square, the city has
become an attraction for young people from across the Dallas/ Fort
Worth metroplex area.
We are seeing an increasing number of minors being left unattended in
the Town Square area and often late at night. The increasing number
of unattended minors creates a number of issues ranging from
disturbances to providing a safe environment for the individuals in the
area. The loitering of minors during the night time creates a risk for
those youth and the likelihood of being a victim or becoming involved
in mischief increases significantly as the hours get later.
This proposed Ordinance creates a curfew for minors (persons under
the age of 17 years old) with the curfew hours defined as 11:00pm on
any Sunday, Monday, Tuesday, Wednesday, or Thursday night until
6:00am the next day or 12 midnight on Friday or Saturday until 6:00am
the next day.
This ordinance would make it an offense for any minor to be present in
any public place or business during curfew hours, for any parent or
guardian to knowingly permit a minor to be present at any public place
or business during curfew hours, or for any owner, operator, or
employee of an establishment to knowingly allow a minor to remain
upon the premises of any establishment during curfew hours.
The proposed Ordinance has the following defenses defined:
for the minor to be accompanied by their parent or guardian;
for the minor to be on an errand at the direction of a parent or
guardian without any detour or stop;
for the minor in a vehicle involved in travel between two points
outside the City and the route taken is the most direct route
between the two points;
to be engaged in an employment activity or is going directly to or
from the minor’s home and place of employment;
being personally involved in an emergency or attempting to render
aid to other persons in an emergency;
on the sidewalk abutting the minor’s residence or abutting the next
door neighbor if the neighbor has not complained;
attending, going to, or returning from, without any detour or stop, an
official school, religious, or other recreational activity supervised by
adults and sponsored by the City of Southlake, a civic organization,
a school district or similar entity that takes responsibility for the
minor;
is married or had been married.
This proposed Ordinance has been reviewed and input sought from
the SPARKS citizen group.
Financial
Considerations:
None
Financial
Impact:
None
Citizen Input/
Board Review:
SPARKS Committee; SPIN Meetings; informal survey by Teen Court
Legal Review:
The City Attorney has reviewed and drafted the proposed amendments
to the Code of Ordinances.
Alternatives:
The City Council could choose not to adopt the proposed ordinance.
The City Council could amend and adopt an amended version of the
proposed ordinance.
The City Council could reject the proposed curfew ordinance.
Supporting
Documents:
Supporting documents include:
Ordinance 928
Staff
Recommendation:
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for
Minors” to Chapter 15, “Public Safety” of the Southlake Code of
Ordinances.
ORDINANCE NO. 928
AN ORDINANCE ADDING A NEW ARTICLE VII, “CURFEW HOURS
FOR MINORS,” TO CHAPTER 15, “PUBLIC SAFETY,” OF THE
SOUTHLAKE CODE OF ORDINANCES, AS AMENDED; MAKING IT
AN OFFENSE FOR MINORS, PARENTS AND GUARDIANS OF
MINORS, AND BUSINESS ESTABLISHMENTS TO VIOLATE CURFEW
REGULATIONS; DEFINING TERMS; PROVIDING DEFENSES;
PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT;
PROVIDING FOR WAIVER BY THE MUNICIPAL COURT OF
JURISDICTION OVER A MINOR WHEN REQUIRED UNDER THE
TEXAS FAMILY CODE; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of Southlake is a home rule city acting under its charter adopted by
the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code;
WHEREAS
, the City Council has determined that the congregation of minors during the
nighttime hours encourages criminal mischief, teen drinking, and could result in harm to minors
and others in the City of Southlake; and
WHEREAS
, persons under seventeen (17) years of age are particularly susceptible to
becoming victims of older perpetrators of crime; and
WHEREAS
, the City of Southlake has an obligation to provide for the protection of
minors and children, for the protection of the general public, and for the prevention of the
incidence of juvenile criminal activities; and
WHEREAS
, a curfew for those under seventeen (17) years of age will be in the interest
of the public health, safety and general welfare and will help to attain the foregoing objectives
and diminish the undesirable impact of such conduct on the citizens of the City of Southlake;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
Chapter 15, “Public Safety” of the Southlake Code of Ordinances is hereby amended by
adding a Article VII, composed of Sections 15-240 through 15-244, imposing and establishing
regulations for imposition of a juvenile curfew, to provide as follows:
ARTICLE VII CURFEW FOR MINORS
Sec. 15-240 Definitions.
For purposes of this subsection:
Curfew Hours
(A) means:
(1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday night
until 6:00 a.m. on the following day; and
(2) 12:00 a.m. midnight on any Friday or Saturday night until 6:00 a.m. on the
following day.
Emergency
(B) means an unforeseen combination of circumstances or the resulting state that
calls for immediate action in order to preserve life, health, or property, including, but not limited
to, the following: fire, natural disaster, automobile accident.
Establishment
(C) 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
(D) means:
(1) a person who, under court order, is the guardian of a minor; or
(2) a public or private agency with whom a minor has been placed by a court.
Minor
(E) means any person under 17 years of age.
Officer
(F) means a police officer of the City of Southlake.
Operator
(G) means any individual, firm, association, partnership, or corporation operating,
managing, or conducting business at any establishment. The term includes the members or
partners of an association or partnership and the officers of a corporation.
Parent
(H) means a person who is a natural parent, adoptive parent, or step-parent of another
person.
Public Place
(I) 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, public buildings, parks and the
common areas and parking lots of schools, hospitals, apartment houses, office buildings,
transportation facilities, commercial shopping centers, and shops.
Serious Bodily Injury
(J) means bodily injury that creates a substantial risk of death or that
causes death, serious permanent disfigurement, or protracted loss or impairment of the function
of any bodily member or organ.
Sec. 15-241 Offenses.
(A) A minor commits an offense if the minor is present in any public place or on the premises
of any establishment within the city during curfew hours.
(B) A parent or guardian of a minor commits an offense if the parent or guardian knowingly
permits, or by insufficient control allows, the minor to be present in any public place or on the
premises of any establishment within the city during curfew hours.
(C) The owner, operator, or any employee of an establishment commits an offense if the
owner, operator, or employee knowingly allows a minor to remain upon the premises of the
establishment during curfew hours.
Sec. 15-242 Defenses.
(A) It is a defense to prosecution under Section 15-241 that at the time of the purported
offense the minor was:
(1) accompanied by the minor's parent or guardian or another adult at least twenty-
one (21) years of age and authorized by a parent or guardian to have the care and
custody of a minor;
(2) on an errand at the direction of the minor's parent or guardian, without any detour
or stop;
(3) in a motor vehicle involved in travel between two points outside of the City and
the route being taken is the most direct route between such two points;
(4) engaged in an employment activity, or is going directly between the minor’s
home and the place of employment activity, without any detour or stop;
(5) either personally involved in an emergency or attempting to render aid to other
persons involved in an emergency;
(6) on the sidewalk abutting the minor's residence or abutting the residence of a next-
door neighbor if the neighbor did not complain to the police department about the
minor's presence;
(7) attending, going to, or returning home from, without any detour or stop, an
official school, religious, or other recreational activity supervised by adults and
sponsored by the City of Southlake, a civic organization, a school district or
another similar entity that takes responsibility for the minor; or
(8) married or had been married or had disabilities of minority removed in
accordance with Chapter 31 of the Texas Family Code.
(B) It is a defense to prosecution under Subsection 15-241 (C) that the owner, operator, or
employee of an establishment promptly instructed the minor to leave and notified the police
department that a minor was present on the premises of the establishment during curfew hours
and refused to leave.
Sec. 15-243 Enforcement.
Before taking any enforcement action under this Article, an officer shall ask the apparent
offender's age and reason for being in the public place. The officer shall not issue a citation or
make an arrest under this section unless the officer reasonably believes that an offense has
occurred and that no defense in Section 15-241 is present, based on the totality of the apparent
offender’s response and other circumstances and information available to the officer,.
Sec. 15-244 Penalties.
(A) A person who violates a provision of this Article is guilty of a separate offense for each
day or part of a day during which the violation is committed, continued, or permitted. Each
offense, upon conviction, is punishable by a fine not to exceed $500.
(B) When required by Section 51.08 of the Texas Family Code, as amended, the municipal
court shall waive original jurisdiction over a minor who violates Subsection 15-241 (A) of this
Article and shall refer the minor to juvenile court."
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which
event the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section 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 phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of any ordinances affecting curfew which have accrued at the time of
the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof.
SECTION 7.
The City Secretary of the City of Southlake is hereby directed to publish caption, penalty
clause, and effective date clause in the official newspaper at least once within ten (10) days after
the passage of this ordinance.
SECTION 8.
This Ordinance shall be in full force and effect form and after its passage and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED ON THIS DAY OF , 2008.
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
EFFECTIVE: ________________________
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY