Loading...
Ord 001-94 1/4/1994 . • ORDINANCE NO. /- / AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS REPEALING SECTION 20-11 OF THE CODE OF ORDINANCES IN ITS ENTIRETY AND ADOPTING SECTION 20-11 OF THE CODE OF ORDINANCES, TO BE ENTITLED "CURFEW HOURS FOR MINORS, " OF CHAPTER 20, "OFFENSES AND MISCELLANEOUS PROVISIONS, "; DEFINING TERMS; CREATING HOURS OF CURFEW FOR MINORS; CREATING OFFENSES FOR MINORS, PARENTS OF MINORS, AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City Council of the City of Wichita Falls has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of seventeen (17) in the City of Wichita Falls; and, WHEREAS, persons under the age of seventeen (17) 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 on crime; and, WHEREAS, the City of Wichita Falls has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and, WHEREAS, a curfew for those under the age of seventeen (17) will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the City of Wichita Falls. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That Section 20-11 of Chapter 20 of the Code of Ordinances of the City of Wichita Falls is hereby repealed, and a new Section 20-11 to be entitled "Curfew Hours for Minors" is hereby adopted, the same to read as follows: I ' r . .i . "Sec. 20-11. Curfew Hours for Minors. (a) Definitions. In this section: (1) CURFEW HOURS means: (A) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6: 00 a.m. of the following day; and, (B) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. (2) EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. (3) 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. (4) GUARDIAN means: (A) a person who, under court order, is the guardian of the person of a minor; or, (B) a public or private agency with whom a minor has been placed by a court. (5) MINOR means any person under seventeen (17) years of age. (6) OPERATOR means any individual, firm, association, partnership, or corporation, operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. (7) PARENT means a person who is: (A) a natural parent, adoptive parent, or step- parent of another person; or, • (B) at least eighteen (18) years of age and authorized by a parent or guardian in writing to have the care and custody of a minor. (8) 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. (9) REMAIN means to: (A) linger or stay; or, (B) fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. (10) SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (b) Offenses. (1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours. (2) A parent or guardian of a minor commits an offense if he 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. (3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (c) Defenses. (1) It is a defense to prosecution under Subsection (b) that the minor was: (A) accompanied by the minor's parent or guardian; r . (B) on an errand at the direction of the minor's parent or guardian, without any detour or stop; (C) in a motor vehicle involved in interstate travel; (D) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (E) involved in an emergency; (F) 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; (G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Wichita Falls, 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 adults and sponsored by the City of Wichita Falls, a civic organization, or another similar entity that takes responsibility for the minor; (H) 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; or, (I) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (2) It is a defense to prosecution under Subsection (b) (3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. 1 (d) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (c) is present. (e) Penalties. (1) A person who violates a provision of this section 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 not to exceed Five Hundred ($500.00) Dollars. (2) 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 Subsection (b) (1) of this section and shall refer the minor to juvenile court. " SECTION 2. That Chapter 20 of the Wichita Falls Code of Ordinances, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 3. Should any section, paragraph, sentence, clause, phrase, or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be affected thereby. SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 4t. d. of . anuar I I I 1: A Y O ATTEST: City lerk Ad 551426 Affidavit of Publication ORDINANCE NO.1-94 THE STATE OF TEXAS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COUNTY OF WICHITA WICHITA FALLS REPLEAL- '. ING SECTION 20-11 OF THE ( CODE OF ORDINANCE IN ITS ire ENTIRETY AND ADOPTING SECTION 20-11 OF THE CODE 2 7 t h day of January OF ORDINANCES TO BE EN- On this Y TITLED "CURFEW HOURS FOR MINORS,"OF CHAPTER 20, "OFFENSES AND MIS- C E L L A N E O U S A.D.. . . . . . . personally appeared before me, the undersigned authority PROVISIONS,"; DEFINING Cobb CREATING HOURS OF CURFEW FOR MINORS; Karen C b bookkeeper CREATING OFFENSES FOR MINORS, PARENTS OF MIN- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ORS, AND BUSINESS ESTAB- LISHEMENTS VIOLATING Times/Record News, a newspaper published at Wichita Falls in Wichita County, CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCE- upon and u on bein g duly by dul sworn b me, on oath states that the attached MENT BY THE POLICE DE- PARTMENT; PROVIDING i advertisement is a true and correct copy of advertising published PENALTIES; PROVIDING A SAVING CLAUSE; PROVID- in 1 Cone ) issues thereof on the following dates: ING A SEVERABILITY CLAUSE; AND FINDING AND DETERMINING THAT THE January 27 , 1994 MEETING AT WHICH THIS d44/`j ORSIOAENE WAS PASSEC /// WAS OPEN D THE PUBLIC AS REQUIRED E LAW. ORDINANCE NO.2-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF . Bookkeeper for Times Publishing Company WICHITA. FALLS, TEXAS CHANGING THE NAME OF A V.-,4 PORTION OF OFFUTT " of Wichita Falls '� f STREET TO EAST 5TH , STREET; FINDING AND DE-'-9" li:r.'i^S TERMINING THAT THE;A MEETING AT WHICH THIS' _xP_.My,Subscribed and sworn to before me this the day and year first above written: ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC REQUIRED BY LAW. ORDINANCE,NO3=A4:;. /-j AN ORDINANCE ,REINING LOT 18B, BLOCK- 19 NILL-I CREST ADDITION' WK..J ITA FALLS, TEXAS,':-:.F"ROM SINGLE FAMILY-2 RESIDEN- TIAL (SF-2) TO GENERAL COMMERCIAL (GC). (CASE R-93-09) ORDINANCE NO.4-94 AN ORDIANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,TEXAS,RE- ZONING A 4.9 ACRE TRACT OUT OF OUR REDEEMER LUTHERAN CHURCH SITE, WICHITA FALLS, TEXAS, FROM LIMITED OFFICE(LO) AND SINGLE FAMILY-2 RESI- DENTIAL (SF-2) TO MULTI- FAMILY RESIDENTIAL (MFR) (CASE R 93-08); FIND- ING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.