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HomeMy WebLinkAbout023558 ORD - 02/16/1999AN ORDINANCE CONTINUING, RE-ENACTING, AND ADOPTING CORPUS CHRISTI 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; 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 February 9, 1999, and February 16, 1999, and has reviewed the ordinances' effects on the community and on problems the ordinances were intended to remedy; 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, Corpus Christi continues to experience an unacceptable level of juvenile violence, juvenile crime, and juvenile gang activity, resulting in juveniles being involved in a wide range of behavior including vandalism, assault, public drinking and littering, drug use, breaking and entering, and harassment of residents; and WHEREAS, although juvenile crime and delinquency rates remain too high, reductions have occurred in the last several years, and the City's curfew ordinance has been an integral part of that progress; 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 LOA Aord1.086 023'5S children, to supplement state truancy laws; 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. 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 violations on premises, of the Code of Ordinances of the City of Corpus Christi, Texas, are hereby continued, re-enacted, and adopted. 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 4:00 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; LOA\ordl.086 (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) (9) and, with respect to the hours between 9:00 a.m. and 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; 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 LOA\ord 1.086 public place in violation of section 33-40 of this code. Sec. 33-42.1. Permitting curfew violation on premises. (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 or 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. LOA \ord 1 086 That the foreg.ing ordinance was read for the first time and passed to its second reading on this the �� day o ► I,►. 19by the following vote: Samuel L. Neal Betty Jean Longoria Javier D. Colmenero l John Longoria Melody Cooper Edward A. Martin Alex L. Garcia, Jr. J/' Dr. David McNichols Dr. Arnold Gonzales That the oregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales PASSED AND APPROVED, this the ATTEST: crl , by the following vote: L City Secretary )II It\ day of Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols lr. MAYOR THE CITY OF CORPUS CHR STI APPROVED: 5D— DAY OF . , 19 'lc; . JAMES R. BRAY, JR., CITY ATTORNEY t By: • a, (t z,1.cti Lisa Aguilar Assistant City Attorney LOA\ord 1.086 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 2668812 PO # T(9Sgl z 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 City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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. which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 17TH day(s) of FEBRUARY, 1999. TWO (2 ) Time(s) Orcl No. 0 g,C155T Vice -President and Chief Financial Officer $54.30 (Corpus Christi Caller -Times, Wednesday, February 17, isssribed and sworn to me on the date of FEBRUARY 18, 1999. nu; LEI,C•L rioTic��. NOTICE OF PASSAGE OF ORDINANCE NO. 023558 Continuing, re-enacting, and adopting Corpus Christi 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; providing for penalties under City Code Section 1-6. This ordinance was passed and approved by the City Council of the City of Corpus Christi on February 16. 1999 Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 2674470 PO # r71-) ': o 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 City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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. which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 22ND Q, In day(s) of FEBRUARY, 1999. 3 N o , O 3 cJ S' /Corpus Christi Caller -Times, Monday, Februa 22, 1999 1WO (2r $62.50 !±1`141. NCili: �:5 OTICE OF PASSAGE OF ORDINANCE NO. 023558 mending the Code of Ordinances, City of Corpus Christi, Chapter 53 - Traffic, Section 53- 250 - Schedule I, One - Way Streets and Alleys, Section (A-1) School Areas, by establishing a one-way traffic pattern on (a) Devon Drive in the direction of Gollihar Road to Alexander Street, and on (b) Alexander Street in the direction of Devon Drive to Spring Street daring 1 the school hours of Fannin Elementary School. This ordinance was passed and approved by the City Council of the City of Corpus Christi on February 16, 1999. is/Armando Chapa City Secretary Ci of Co •us Christi Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of FEBRUARY 23, 1999. • 04.Lesni Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.