HomeMy WebLinkAbout021218 ORD - 08/13/1991AN ORDINANCE
PROVIDING FOR CURFEW FOR MINORS; PROHIBITING PARENTS
AND CUSTODIANS FROM PERMITTING CURFEW VIOLATIONS;
PROHIBITING INDUCEMENT OF CURFEW VIOLATIONS; AMENDING
SECTIONS 33-40, 33-41, AND 33-42 OF THE CITY CODE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That Sections 33-40, Curfew for minors: places where minors
prohibited - Generally, 33-41, Same -Duty of Parents. etc., and 33-42, Same -Unlawful to
induce to violate prohibitions, of Article 1, General, of Chapter 33, Offenses and
Miscellaneous Provisions, of the Corpus Christi Code of Ordinances, are amended to
hereafter read as follows:
Sec. 33-40. Curfew for minors - generally.
(a) A person commits an offense if he:
(1) is a minor; and
(2) appears in a public place between the hours of 11:00 p.m. and
6:00 a.m.
(b) In this section:
(1) "Minor" means an individual under the age of seventeen years.
(2) "Parent" means a natural or adoptive parent, stepparent, person
in loco parentis, or legal guardian of the person of the child.
(3) "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, but does not include a lot containing and
used with a residential dwelling if the minor is there with
consent of his parent and the owner or tenant who occupies the
residential premises.
ORD4: 91114
021218
(c) It is a defense to prosecution under this section that the person appeared in
a public place:
(1) because of an emergency which the person reasonably believed
would affect the physical well-being or the property interests of
himself or another;
(2) at the direction of a peace officer;
(3) and was accompanied by his parent, or another adult over the
age of twenty-one whom his parent entrusted with his care;
(4) as an incident of attendance with parental consent at a meeting,
dance, theater, sporting event, or other activity supervised by
adults and sponsored by a school, church, civic organization, or
other similar entity which takes responsibility for such minor;
(5)
(6)
(7)
(8)
as an incident of lawful employment;
as an incident of interstate travel;
was emancipated; or
while necessarily traveling in a direct route to or from a place
he is permitted to be under this section.
(d) Before making an arrest under this ordinance, a peace officer shall inquire of
the apparent offender his age and reason for being in the public place, and
will not arrest unless the officer reasonably believes that an offense has
occurred, and that, based on any response and other circumstances, that one
of the defenses in (c) is not present.
Sec. 33-41. Same - Duty of parents, etc.
A natural or adoptive parent, a legal guardian, person in loco parentis, or
other person with legal custody or control of a minor commits an offense if
he knowingly permits, or by criminally negligent control allows, the minor to
appear in a public place in violation of Section 33-40 of this Code.
Sec. 33-42. Same - Inducement of violation.
A person commits an offense if he induces, encourages, or assists a minor to
appear in a public place in violation of Section 33-40 of this Code.
ORD4: 91114
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City
of Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for the efficient
and effective administration of City affairs and the protection of the public health, safety,
and welfare, such finding of an emergency is made and declared requiring suspension of the
Charter rule as to consideration and voting upon ordinances at three regular meetings so
that this ordinance is passed a. shall to effect upon first reading as an emergency
measure this the / 9J day of �r t 1991.
ATTEST:
City Secretary
THE CITY OF CORPUS CHRISTI
APPROVED: a 0 DAY OF Ate „s t , 19 c►
JAMES R. BRAY, JR., CITY ATTORNEY
By r\• Lc�^ 1
Assiut t City Attorney
ORD4: 91114
Corpus Christi, Texas
/3
day of (kr-dap" ,197
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at
three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
THE C Y" OF CORPUS CHRISTI
Council Members
The above ordinance
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
045
was passed by the following vote:
Cut
Ot
(LI Ji
021218
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #75105
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021218 PROVIDING FOR CURFEW
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 19th day of August 1991.
One Time(s)
$ 31.05
0'
JCA.
ZLirte011itA
Business Office Secretary
Subscribed and sworn to before me this 20th day of
August , 1991.
1ebfr UL2Ocl,ive aS
Notary Public, Nueces County, Texas
My commission expires on
DEP r
r.L.1'.ry,
My Con'rrt Fxp
City a s bmnm
NOT GE
OF NO. 021218
PROVID CURFEW
FO PROHIBITINGCUSTNG
FROM PERMITTING CURFEW
VIOLATIONS; PROHIBITING
INDUCEMENT OF CURFEW
VIOLATIONS; AMENDING
SECTIONS 33-40,33.41,
AND 33-42 OF THE CITY
CODE; PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR
PUBLICATION; AND DECLAR-
ING AN EMERGENCY.
The ordinance was passed
and approved by the City
Council of the City of Corpus
Christi, Texas on the 13th day
,f August, 1991.
/0/ Armando Chaps
City Secretary
cb' Of Cies Christi
NONCE to MOON