HomeMy WebLinkAbout022375 ORD - 10/17/1995AN ORDINANCE
AMENDING CORPUS CHRISTI CITY CODE SECTION 33-40 TO EXPAND
THE HOURS OF DAYTIME CURFEW FOR MINORS; CONTINUING CITY
CODE SECTIONS 33-40, 33-41, 33-42, AND 33-42.1 RELATING TO
CURFEW FOR MINORS, DUTIES OF PARENTS RESPECTING MINOR
CURFEWS, INDUCEMENT OF MINOR CURFEW VIOLATIONS, AND
PERMITTING VIOLATION OF MINOR CURFEW ON CERTAIN
PREMISES; AND AMENDING THE EXCEPTIONS TO THE CURFEW;
PROVIDING FOR PENALTIES UNDER CITY CODE SECTION 1-6;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
PUBLICATION
WHEREAS, the City Council of the City of Corpus Christi has previously adopted
ordinances relating to curfews for minors; and
WHEREAS, the City Council has held public hearings thereon on October 10, 1995, and
October 17, 1995, and has reviewed the ordinances' effects on the community and on problems the
ordinances were intended to remedy; and
WHEREAS, Corpus Christi continues to experience increased juvenile violence, juvenile
crime, and juvenile gang activity, resulting in juveniles being involved in a wide range of
unacceptable behavior including vandalism, assault, public drinking and littering, drug use, breaking
and entering, and harassment of residents; 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 Corpus Christi has no more important resource than its young
people; and
WHEREAS, lack of parental supervision and guidance contributes to the unacceptable level
of juvenile violence, crime, and gang activity, and parental responsibility needs to be supported; 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 reduces distractions and
alternatives which induce non-attendance and activities detrimental to minors and to the community,
and complements laws compelling school attendance and discourages violations of those laws; 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 supplement state truancy law; to protect the general public, and to reduce juvenile
criminal and delinquent activities; and
WHEREAS, the City Council determines, pursuant to the above findings, that the public
health and safety demands continuation of the ordinances establishing curfews for minors, with
certain modifications.
, i..
MICROFILMED
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Chapter 33, OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE
II. MINORS, Section 33.40, Curfew for minors - Generally, Section 33.41, Same - Duty of parents,
etc., Section 33-42, Same - Inducement of violation, and Section 33-42.1, Permitting curfew
violation on premises, of the Code of Ordinances of the City of Corpus Christi, Texas, are hereby
adopted, re-enacted, and continued, with certain modifications, to hereafter provide as follows:
Sec. 33-40. Curfew for minors --Generally.
(a) A person commits an offense if he/she:
(1) Is a minor; and
(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 f-2-4014:00 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,
(5)
(6)
(7)
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church, civic organization, or other similar entity which takes responsibility for such
minor;
as an incident of lawful employment;
as an incident of interstate travel;
was emancipated;
(8) with respect to the hours between 9:00 a.m. and {240} 4.00 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; for]
(9)
while exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech, and the right
of assembly with parental consent to be in the particular place engaging in the
particular activity: or
(10) 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 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.
Sec. 33-42.1. Permitting curfew violation on premises.
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(a) The owner, operator, or any employee of an establishment commits an offense if he
knowingly allows a minor to enter or remain upon the premises of the establishment in violation of
section 33-40 of this Code.
(b) In this section:
(1) 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.
(2) Operator means any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment, including the members or
partners of an association or partnership and the officers of a corporation.
(3)
Premises means the structure within which the establishment is housed.
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. Violations of this ordinance shall be subject to the penalties provided in
Section 1-6 of the Code of Ordinances of the City of Corpus Christi.
SECTION 4. This ordinance shall be published as a penal ordinance in accordance with the
requirements of the City Charter.
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That the foregoing ordinance was read for the first time and passed to its second reading on
this the /0 day of Erle , 19 f _`j , by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols VAaL.-
That the foregoing ordinance was read for the second time and passed finally on this the 11 day
of_Q rn
- , 19 "tO , by the following vote: /}
Mary Rhodes (II t_�__Betty Jean Longoria C/,,, �C '
Dr. Jack Best 6U 3 j &k. John Longoria
Betty Black Ci]c , Edward A. Martin /}
�J �V
Melody Cooper
Tony Heldenfels
PASSED AND APPROVED, this the 11 day of OC%Litu
Dr. David McNichols
Armando Chapa, City Secretary
MAYOR
, 1995.
THE CITY OF CORPUS CHRISTI
APPROVED THIS 1 DAY OF otlo(.er , 1995:
JAMES R. BRAY, JR., CITY ATTORNEY
By: A f\
City rney
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad 201611
PO#
Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman,
who being first duly sworn, according to law, says that he is Vice -President and Chief Financial
Officer 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. 022375 which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 23RD day(s) of OCTOBER. 1995.
ONE (1) Time(s)
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Vice -President and Chief Financial Officer
Subscribed and sworn to before me this 26TH day of
OCTOBER. 1995.
ALA -
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/97.
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