§ 66-12. 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.

8:30 a.m. until 3:00 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; and

c.

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 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 a minor; or

b.

A public or private agency with whom a minor has been placed by a court; or

c.

A person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

(5)

Minor means any person under 17 years of age.

(6)

Officer means a police officer of the City of Haltom City.

(7)

Operator means any individual, firm, association, partnership or cooperation operating, managing or conducting business at any establishment. The term includes the members or partners of an association or partnership, and the officers of a corporation.

(8)

Parent means a person who is a natural parent, adoptive parent or stepparent.

(9)

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, parks and the common areas and parking lots of schools, hospitals, apartment complexes, office buildings, transportation facilities, commercial shopping centers and shops.

(10)

Remain means:

a.

Linger or stay; or

b.

Fail to leave the premises when requested to do so by an officer or the owner, operator or other person in control of the premises.

(11)

Serious bodily injury means bodily injury that creates a substantial risk of 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; or

b.

On the property of the school in which the minor is currently enrolled during the hours school is in session; or

c.

In a motor vehicle traveling through this city without any detour or stop; or

d.

In a vehicle involved in interstate travel; or

e.

Engaged in, going to, or returning home from, an employment activity, without detour or stop; or

f.

Involved in an emergency; or

g.

Attending, going to, or returning from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the City of Haltom City, a civic organization, a school district or related entity that takes responsibility for the minor; or

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 V.T.C.A., Family Code ch. 31; or

j.

With respect to subsection (a)(1)b of this section, that the offense occurred at a time when the school in which the minor is enrolled was not in session; or the minor has graduated from high school or has received a high school equivalency certificate; or that the minor has permission to be absent from school or be in a public place from an authorized school official. In the case of a child being educated in a home school, a parent shall be deemed a school official for purposes of this section.

(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.

(d)

Enforcement. Police officers shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred or is occurring, and that no defense in subsection (c) currently applies.

(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 $500.00.

(2)

When required by V.T.C.A., Family Code § 51.08, 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.

(Code 1973, § 13-12; Ord. No. O-22-94, § 1, 7-25-94; Ord. No. O-96-063-04, §§ 1, 2, 9-9-96; Ord. No. O-97-032-04, § 1, 12-13-97; Ord. No. O-2004-004-04, § 1, 6-28-04; Ord. No. O-2007-011-04, § 1, 4-9-07; Ord. No. O-2010-022-04, § 1, 11-8-10; Ord. No. O-2013-023-04, § 1, 11-11-13; Ord. No. O-2016-033-04, § 1, 1-9-17)