ARTICLE 8.400 CURFEW HOURS FOR MINORS

A minor commits an offense if he/she remains in any public place or on the premises of any establishment within the city during curfew hours.

A parent or guardian of a minor commits an offense if he/she knowingly permits or, by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

Accompanied by the minor’s parent or guardian or accompanied by an adult designated by his or her parent or guardian;

On an errand at the direction of the minor’s parent or guardian, without any detour or stop;

In a motor vehicle involved in interstate travel;

Engaged in an employment activity, without any detour or stop;

Involved in an emergency;

On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;

Attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by an adult and sponsored by a government, a civic organization, or another similar entity that takes responsibility for the minor;

Exercising First Amendment rights protected by United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code.

Any police officer, upon finding a minor in violation of Section 8.402(a), shall take the necessary steps to determine whether the minor is remaining in a public place within the city limits in violation of Section 8.402(a) and whether any exceptions under Section 8.403 apply to the actions or activities of the minor. Upon such a finding, the officer shall determine the name and address of his or her parent(s) or guardian(s). A warning citation shall be issued to the minor, who shall be ordered to go home by the most direct route. A letter shall sent to the parent(s) or guardian(s) of the minor advising of the fact that the minor was found in violation of this article, and soliciting cooperation in the future.

Provided, that if a police officer shall find a minor in violation of Section 8.402(a) who has once previously been so found, and warned as in subsection (a) above, the officer shall again record the name and address of the minor and his/her parent(s) or guardian(s), shall issue a second warning citation and direct the minor to go home by the most direct route. A second letter shall be sent to the parent(s) or guardian(s) of the minor scheduling a person-to-person conference with the chief of police, the parent(s) or guardian(s), and the child, concerning this article and the city’s expectation and requirement for parental control.

Any police officer, upon finding a minor in violation of Section 8.402(a) who has twice been found in violation and issued warning citations as provided for in subsection (a) and (b) above, shall issue a citation to the minor and may take appropriate enforcement action against the minor in accordance with Sections 51.03 and 51.08 of the Texas Family Code and Section 8.07 of the Texas Penal Code. In addition, a complaint will be filed against the parent(s) or guardian(s) in municipal court for violation of Section 8.402(b) hereof. The police department shall file all necessary legal papers, supply all necessary documentation, and provide necessary testimony as required for pursuing a violation of this article by either the minor or by any parent or guardian.

A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine in accordance with the general penalty provision set forth in Section 1.109 of this code.

When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Section 8.402(a) and shall refer the minor to juvenile court.

A parent or guardian of a minor, who violates this article, shall be guilty of a separate offense, which shall be punishable by a fine in accordance with the general penalty provision set forth in Section 1.109 of this code.