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
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(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.
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(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.
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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
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