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HomeMy WebLinkAbout021374 ORD - 04/21/1992• AN ORDINANCE ALTERN PROHIBITING PARENTS FROM ENCOURAGING OR AIDING THEIR MINOR CHILDREN IN COMMITTING PENAL OFFENSES; PROHIBITING PARENTS FROM EXERCISING LESS THAN REASONABLE CONTROL OVER THEIR MINOR CHILDREN IN ORDER TO PREVENT SAID CHILDREN FROM COMMITTING PENAL OFFENSES; ADDING SECTION 33-43 TO THE CITY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi has no more important asset than its young people; and WHEREAS, a decline in parental responsibility and supervision has contributed to increases in delinquent conduct; and WHEREAS, it is the intention of the City Council to strongly emphasize to parents their duty to supervise and guide their children, to encourage them in their responsibilities, and to provide a means by which parental duties may be enforced. WHEREAS, it is the further intention of the City Council that this ordinance be prosecuted, interpreted and applied with the primary goal of bringing about positive change in parental behavior rather than punishment, that it be applied in an even- handed and non-discriminatory manner, that the circumstances of each parent be carefully reviewed, that the fullest range of legal alternatives be considered, and that the most appropriate alternative be assessed based upon the particular case. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 33-43, Commission of offense by minor child - Parental responsibility therefor, be added to Article 1, General, of Chapter 33, Offenses and miscellaneous Provisions, of the Corpus Christi Code of Ordinances, to read as follows: Sec. 33-43. Commission of offense by minor child - Parental responsibility therefor. Offenses. J A parent commits an offense when. acting with the intent to promote or assist the commission of an offense under this Code. such parent solicits, encourages. directs. aids. or attempts to aid his minor child to commit an offense. 021374 MICROF0tED INDEXED (2) A parent commits an offense if, acting recklessly or with criminal negligence, he fails to perform a parental duty to prevent his minor child from engaging in delinquent conduct or conduct indicating a need for supervision. (b) Definitions. As used in this section, the following terms have the following meanings: _CU "Delinquent conduct" means that conduct defined in Texas Family Code §51.03(a). £Z) "Conduct indicating a need for supervision" means that conduct defined in Texas Family Code §51.03(b). "Reckless mental state" means that mental state described in Texas Penal Code §6,03(c). )4,) "Criminally negligent mental state" means that mental state described in Texas Penal Code §6.03(d). _(5) "Minor" means an individual under the age of seventeen years. f6) "Parent" means a natural or adoptive parent. stepparent. person in loco parentis. or legal guardian of the person of the child. Parental duties. It is the continuous duty of a parent of any minor to exercise reasonable control to prevent the minor from engaging in delinquent conduct or conduct indicating a need for supervision. Parental duties include. but are not limited to. the following: _A,l Keeping illegal drugs and illegal firearms out of the home; 1B) Providing reasonable supervision of the minor child: and X) Forbidding the minor from keeping stolen property. or illegally possessing firearms or illegal drugs. a:LN ora;naa\ooaoza.ak • ALTERNE j Administration and application. Prosecutors and judges are directed that the primary goal of this section is to bring about positive change in parental behavior. Circumstances of the individual defendant should be considered. Where appropriate. non -punitive alternatives such as deferred adjudication conditioned upon counseling or parenting courses are preferred. 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. AN ORDINANCE PROHIBITING PARENTS FROM ENCOURAGING OR AIDING THEIR MINOR CHILDREN IN COMMITTING PENAL OFFENSES; PROHIBITING PARENTS FROM EXERCISING LESS THAN REASONABLE CONTROL OVER THEIR MINOR CHILDREN IN ORDER TO PREVENT SAID CHILDREN FROM COMMITTING PENAL OFFENSES; ADDING SECTION 33-43 TO THE CITY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 33-43, Commission of offense by minor child - Parental responsibility therefor, be added to Article 1, General, of Chapter 33, Offenses and miscellaneous Provisions, of the Corpus Christi Code of Ordinances, to read as follows: Sec. 33-43. Commission of offense by minor child - Parental responsibility therefor. Offenses. W A parent commits an offense when, acting with the intent to promote or assist the commission of an offense under this Code, such parent solicits, encourages, directs, aids, or attempts to aid his minor child to commit an offense. 12) A parent commits an offense if, acting recklessly or with criminal negligence, he fails to perform aparental duty to prevent his minor child from engaging in delinquent conduct or conduct indicating a need for supervision. jb) Definitions. As used in this section, the following terms have the following meanings: W "Delinquent conduct" means that conduct defined in Texas Family Code §51.03(a). al "Conduct indicating a need for supervision" means that conduct defined in Texas Family Code §51.03(b). (A) "Reckless mental state" means that mental state described in Texas Penal Code §6,03(c). AS PASSED ON FIRST READING - AMENDED ON SECOND READING a:LN Ordinanc\002.ord.ak (4) "Criminally negligent mental state" means that mental state described in Texas Penal Code *6.03(d). al "Minor" means an individual under the age of seventeen years. j6) "Parent" means a natural or adoptive parent, stepparent, person in loco parentis, or legal guardian of the person of the child. �cl Parental duties. 111 It is the continuous duty of a parent of any minor to exercise reasonable control to prevent the minor from engaging in delinquent conduct or conduct indicating a need for supervision. a2) Parental duties include, but are not limited to, the following: (A) Keeping illegal drugs and illegal firearms out of the home ), Providing reasonable supervision of the minor child; and 11 Forbidding the minor from keeping stolen property, or illegally possessing firearms or illegal drugs. 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. a:LN Ordinanc\002.ordak AS PASSED ON FIRST READING - AMENDED ON SECOND READING ,vai) That the foregoing ordinance was read for the f(rst.time and passed to its second reading c the 1 .. day Of Apr (1 , 19 f '44, by the following vote: Mary Rhodes 160 Edward A. Martin Cezar Galindo Leo Guerrero 1110Iti Betty Jean Longoria That the, �f9regoing ordinance was this the / `t day of Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik (ftg read for th second time and passed to its third reading on , 19 by the following vote: t./ (41, v Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik That the foregoing ordinance was read for the third time and passed finally on this the 21 day of NW II , 19 i0'1 , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria �o PASSED AND APPROVED, this the 21 City Secretary Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik day of —Oaf— ,1942.. MAYOR THE C. ' ' OF CORPUS CHRISTI APPROVED: 3 ( DAY OF c - k , 19 /24 JAMES R. BRAY, JR., CITY ATTORNEY ,A nt City Attorney 021374 TSt.-lte of Texas, PUBLISHER'S AFFIDAVIT } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad #17345 PO # Before me, the undersigned, a Notary Public, this day personally, came Anna Steindorf, 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. 021374 PROHIBITING PARENTS FROM ENCOURAGING OR AIDING THEIR MINOR CHILDREN IN COMMITTING PENAL OFFENSES which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 27th of April, 1992. One Time(s) $ 39.15 _ Bu mess Offic Secretary Subscribed and sworn to before me this 15th day of May, 1992. (kbict UQOa.,weoi Notary Public, Nueces County, Texas My commission expires on 4-24-93 . GEc3lri �;::.• N ).Sty* r•4. My Conan NOTICE Qt1PASSAGE OF ORDIN NO. 021374 PROHIBIT PARENTS FROM AGING OR AIDING MINOR CHIL- DREN If( COMMITTING PENAL OFFENSES; PROHIBIT- ING PARENTS FROM EXERCISING LESS THAN REASONABLE CONTROL OVER THEIR MINOR CHIL- DREN IN ORDER TO PREVENT SAID CHILDREN FROM COM- MITTING ,PENAL OFFENSES; ADDING SECTION 33-43 TO THE CITY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICA- TION. The ordinance was passed and approved by the City Council of the City of Corpus Christi, Texas on the 21st day of April, 1992. /s/ Armando Chaps City Secretary City of CsiBhs Christi