Ordinance No. 6,987Published in The Baytown Sun:
Tuesday, May 3, 1994, and
Wednesday, May 4, 1994.
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ORDINANCE NO. 6987
AN ORDINANCE AMENDING CHAPTER 17, "MISCELLANEOUS PROVISIONS
AND OFFENSES," ARTICLE I, "IN GENERAL," OF THE CODE OF ORDINANCES
OF THE CITY OF BAYTOWN, TEXAS, BY ADDING SECTION 17 -24, "CURFEW
HOURS FOR MINORS "; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF 4 CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 17, "Miscellaneous Provisions and Offenses," Article I, "In
General," of the Code of Ordinances, City of Baytown, Texas, by adding Section 17 -24, "Curfew Hours
for Minors," to read as follows:
Sec. 17 -24. Curfew Hours for Minors
(a) Definitions.
(1) Civic Organization means a non -profit corporation or association formed for the
use, benefit, and enjoyment of its members to achieve religious, recreational,
charitable, municipal, and/or educational pursuits.
(2) Curfew hours means 11 :00 p.m. on any Sunday, Monday, Tuesday, Wednesday,
or Thursday until 6:00 a.m. of the following day and 12:01 a.m. until 6:00 a.m.
on any Saturday or Sunday.
(3) 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.
(4) 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.
(5) Guardian means a person who, under court order, is the guardian of the person
of a minor, or a public or private agency with whom a minor has been placed by
a court.
(6) Minor means any person under 17 years of age.
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(7) 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.
(8) Parentmeans a person who is a natural parent, adoptive parent, or step- parent of
another person, or at least 18 years of age and authorized by a parent or guardian
to have the care and custody of a minor.
(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, and the
common areas of schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.
(10) Remainmeans to linger or stay or to 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.
(11) 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;
(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;
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(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
Baytown, 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 Baytown, 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
(1) 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.
(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 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 chapter 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 and No/ 100 Dollars
($500.00).
(2) When required by Section 51.08 of the Texas Family Code, as amended,
the municipal court shall waive original jurisdiction over a minor who
violates Subsection (b)(1) of this Section and shall refer the minor to
juvenile court.
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tion 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance
a.V 11VlvUy repealed] provided however, that such repeal shall be only t0 the extent %J such inconsistency
and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing
the subject matter covered by this ordinance.
Section 3: If any provisions, section, exception, subsection, paragraph, sentence, clause, or
phrase of this ordinance or the application of same to any person or set of circumstances, shall, for any
reason, be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances, and
to this end, all provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect from and after ten (10) days from its passage by
the City council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at lease twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown this the twenty - eighth day of April, 1994.
ATTEST:
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EILEEN P. HALL, City Clerk
NACIO RAMIREZL$R., City Attorney
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PETE C. ALFAR , Mayor