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Item 6LCITY OF SOUTHLAKE MEMORANDUM February 7, 2011 TO: Shana Yelverton, City Manager FROM: Robert Finn, Chief of Police SUBJECT: Consider continuing Ordinance 928, 2nd Reading, continuing an Ordinance Article VII "Curfew Hours for Minors" in Chapter 15, "Public Safety" of the Southlake Code of Ordinances Action Requested: Consider continuing Ordinance 928 in Chapter 15, Article VII of the Southlake Code of Ordinances. Background Information: City Council passed Ordinance 928 on March 4, 2008 with an effective date of March 7, 2008. A provision in Section 370.002 of the Local Government Code requires that after a city adopts a juvenile curfew ordinance, the city must review and readopt the ordinance every three years. If the ordinance is not renewed it will expire on March 6, 2011. The Ordinance was enacted to help with the issue of unattended minors congregating in Town Squares late at night. Issues ranging from disturbances, criminal mischief, and fights were reasons for the Ordinance. There is also a significant risk of unattended youths becoming the victims of criminal acts. Since enacting the Ordinance statistics comparing 2007 and 2010 show significant improvement in the areas the Ordinance was designed to impact: • Assaults down 14.5% • Criminal Mischief down 38.3% • Neighborhood Disturbances down 57.1% • Fights in Progress down 32% • DUI Minor down 75% There was an increase of 28,8% in disorderly conduct which we expected because of the partnership with Inland Southwest to have police officers patrol Town Square in the evenings, replacing the security guards. The main focus of these patrols was to target the disorderly conduct 6Lw1 Shana Yelverton Ordinance 928 Page 2 of 2 occurring and improve the quality of the Town Square environment for all visitors. This item passed 7 -0 on the consent agenda at the 01/25/2011 Council meeting. Financial Considerations: None Financial Impact: None Citizen Input/ Board Review: This enactment of this Ordinance was supported by SPARK, SPIN, and a Teen Court survey. Legal Review: The City Attorney has reviewed the Ordinance. Alternatives: Alternatives may include the following: • Renewing Ordinance 928 without changes Modify Ordinance 928 Abolish Ordinance 928 Supporting Documents: Supporting documents include the following items: • Ordinance 928 Staff Recommendation: Staff recommendation to City Council is to continue Ordinance 928 without changes which would continue the curfew Sunday — Thursday 11 p.m. — 6:00 a.m. and Friday and Saturday from 12:00 midnight — 6:00 a.m. for persons under the age of 17. 6L - 2 ORDINANCE NO. 928 ARTICLE VII, "CURFEW HOURS FOR MINORS," IN CHAPTER 15, "PUBLIC SAFETY," OF THE SOUTHLAKE CODE OF ORDINANCES BECAME EFFECTIVE BY COUNCIL ACTION ON MARCH 7, 2008; MAKING IT AN OFFENSE FOR MINORS, PARENTS, GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS TO VIOLATE CURFEW REGULATIONS; DEFINING TERMS; PROVIDING DEFENSES; PROVIDING FOR THE ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR A 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 SAVING CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE IN ACCORDANCE WITH SECTION 307.002 OF THE TEXAS GOVERNMENT CODE THE ORDINANCE IS HEREBY RENEWED FOR A PERIOD OF THREE YEARS. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant of Article X1, 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 of 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 VIZ, 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: (A) Curfew Hours 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. (B) Emergency 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. (C) 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. (D) Guardian 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. (E) . Minor means any person under 17 years of age. (F) Officer means a police officer of the City of Southlake. (G) Operator 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. (H) Parent means a person who is a natural parent, adoptive parent, or step - parent of another person. (1) 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, public buildings, parks and the common areas and parking lots of schools, hospitals, apartment houses, office buildings, transportation facilities, commercial shopping centers, and shops. (J) Serious Bodily Injury 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; (f) 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 PASSED AND APPROVED ON FIRST READING ON THIS 19' DAY OF FEBRUARY 2008. M,kYOR ATTEST: W E 1 E CITY SECRETAR: PASSED AND APPROVED ON SECOND READING ON MARCH 2008. � co � °rr C7 0 • .A z ;f j1 p t o , '*_k Y OF •• ATTEST: SECRETARY I • +p It- * * EFFECTIVE: March 7 2008 APP OV A FOJW AND LEGALITY: t CITY ATTORNEY RENEWAL PASSED AND APPROVED ON FIRST READING ON THIS DAY OF JANUARY, 2011 MAYOR ATTEST: CITY SECRETARY RENEWAL PASSED AND APPROVED ON SECOND READING ON THIS DAY OF FEBRUARY, 2011. Tlye� ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: