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
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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
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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.
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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.