Loading...
HomeMy WebLinkAbout022080 ORD - 11/01/1994AN ORDINANCE AMENDING SECTION 33-40 OF CORPUS CHRISTI'S CODE OF ORDINANCES TO ESTABLISH A CURFEW FOR MINORS BETWEEN THE HOURS OF 9:00 AM AND 2:30 PM ON SCHOOL DAYS; ADOPTING CERTAIN EXCEPTIONS; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, Corpus Christi has experienced increased juvenile violence, juvenile crime, and juvenile gang activity; and WHEREAS, many of these problems occur during school hours and are committed by minors who, without excuse, are not attending school; and WHEREAS, persons under the age of seventeen are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang -related activities and to be victims of older perpetrators of crime; and WHEREAS, parental responsibility needs strengthening; and WHEREAS, Corpus Christi has no more important resource than its young people; and WHEREAS, it is necessary for the City of Corpus Christi to exercise its authority to protect minors from each other and from other persons, to promote parental control and responsibility for children, to protect the general public, and to reduce juvenile criminal and delinquent activities; and WHEREAS, attendance of school by minors is vital to the community because it prepares them to be responsible citizens, and a curfew during school hours will reduce distractions and alternatives which induce non-attendance and activities detrimental to minors and to the community; and WHEREAS, a curfew during school hours will promote the public health, safety, and general welfare, and will complement laws compelling school attendance and discourage violation of those laws. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 33-40, Curfew for minors - Generally, of the Code of Ordinances of the City of Corpus Christi, be amended to hereafter read as follows: (a) A person commits an offense if he/she: (1) Is a minor; and 94002.aar 22 X80 M;Lf! O ILMEI 1 (2) Appears in a public place between the hours of 11:00 p.m. and 6:00 a.m., or on a Monday, Tuesday, Wednesday, Thursday, or Friday between the hours of 9:00 a.m. and 2:30 p.m. (b) In this section: (1) "Minor" means an individual under the age of seventeen (17) 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. (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) As an incident of lawful employment; (6) As an incident of interstate travel; (7) Was emancipated (8) With respect to the hours between 9:00 a.m. and 2:30 p.m. only, that the offense occurred during the scheduled vacation of or on a holiday observed by the school in which the minor is enrolled; or that the minor has graduated from high school or received a high school equivalency certificate; or that the minor had permission to be absent from school or be in the public place from an authorized school official (suspension or expulsion shall not constitute permission). In the case of a child being educated in a home school, a parent shall be deemed a school official; or. 94002. 2 T r (8) 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 article, a peace officer shall inquire of the apparent offender his age and reason for being in the public place, and will not arrest or issue a citation 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. SECTION 2. Violations of this ordinance shall be punished as provided in Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 3. 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 4. 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. 94002.aar 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 2.5 day of a itt k , 19 t14 , by the following vote: Mary Rhodes Dr. Jack Best CtL" Melody Cooper ��yt Cezar Galindo /-6— Betty Jean Longoria (�l_ Edward A. Martin Dr. David McNichols a'l3Q,tl David Noyola Clif Moss at.�t That the foregoing ordinance w�as' fead for the second time and passed finally on this the 1 day of PJOIfe l V 19 (41f by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria PASSED AND APPROVED, this the 1 day of Edward A. Martin Dr. David McNichols David Noyola Clif Moss ATT Armando Chapa, City Secretary pkbwnther, 19A. MAYOR THE CITY Or CORPUS CHRISTI APPROVED THIS 20TH DAY OF OCTOBER, 1994: JAMES R. BRAY, JR., CITY ATTORNEY 94002.aar 2 80 4