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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 2 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) 3 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. 4 (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. 5 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) $ 56.10 cJ 0 0011111111/Iq1/2� r ARA(S ' Ue,• may c 4,47 S 14 .. T •• - 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. ao U7z_Zoo-a3 -=oZ0w57<m W?5WN¢WZ4 JdartM., Uc_pQ OLLaOpZzz4n « = i U OW.iH 2 N2« 00¢LLZLLaOZ`tgaaOO'Z ~aoOwUJN0 0N 3oOi-4. r OFz¢WOWaiOtDLLOOWIWOOQLLotl0!-OWOOP5LLtl.Oto>a.aoa