Ordinance No. 10,322Publish in the Bayt:.a nz Sun
on May 18, 2006 and
ORDINANCE NO. 10,322 May 19, 2006
A001ft- AN ORDINANCE OF THE CITY COUNTCIL OF THE CITY OF BAYTOWN,
TEXAS_ REPEALING ARTICLE TV "CURFEW FOR MIl1TORS," OF
CHAPTER 66 "OFFENSES" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS; AMENDING CHAPTER 66, "OFFENSES" OF THE CODE OF
ORDINANCES_ BAVTOWN, TEXAS, BY ADDING A NEW ARTICLE TO
CHAPTER 66 "OFFENSES" TO BE NUMBERED AND ENTITLED ARTICLE
IV, "CURFEW FOR MINORS"; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND N01100 DOLLARS (S500.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF
WHEREAS, there exists a need to prevent any increase in juvenile violence, juvenile
gang activity and crime by persons under the age of 18 in the City of Baytown; and
WHEREAS, persons under the age of eighteen 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
WHEREAS, the City of Baytown has an obligation to provide for the protection of
minors front each other and from persons in the area during nighttime hours, for the enforcerrient
of parental control of and responsibility for their children_ for the protection of the general
public, and for the reduction of the incidence o£ juvenile criminal activities; and
WHEREAS_ a curfew for those under eighteen years of age 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 Baytown; NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAVTOWN._
TEXAS:
Section 1: That Article IV "Curfew for Minors" of Chapter 66 "Offenses of the Code
of Ordi- nances. Baytown, Texas, is hereby repealed in its entirety.
Section 2: That Chapter 66, "Offenses" of the Code of Ordinances of the City of
Baytown, Texas is amended by adding Article IV, "Curfew for Minors," to read as follows:
ARTICLE_ It'. CURFEW FOR 1IINORS
See_ 66 -86. Definitions.
The following words. terms and phrases, when used in this article, shall have the n7eanings
ascribed to there in this section, except where the context clearly indicates a different meaning:
Civic orgemi-atiorz means a nonprofit corporation or association forn-ked for the use. benefit and
enjoyment of its members to achieve religious, recreational, charitable, municipal or educational
pursuits.
Cuifetiv horns 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.
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.
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.
Guarrlian 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 court has placed a minor.
Nfinor means any person less than 17 years of age.
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.
Parent means a person who is a natural parent. adoptive parent or stepparent of another pet-son or
at least 18 years of age and authorized by a parent or guardian to have the care and custody of a
minor.
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.
Remain means 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.
Serious bodily h jury 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.
Sec. 66 -87. Offenses.
(a) Under this article, a minor commits an offense if lie remains in any public place or on the
premises of any establishment within the city during curfew hours.
(b) A parent or guardian of a minor conllllits an offense if he knowingly pernlits 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.
AW (c) 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 establislurnent during
curfew hours.
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P111 See. 66 -88. Defenses.
(a) It is a defense to prosecution tinder section 66 -87 that the minor was:
(1) Accompanied by the minor's parent or guardian;
(2) On an errand at the direction of the minor's parent or guardian, without any detour
or stop;
(3) In a motor vehicle involved in interstate travel:
(4) Engaged in an employment activity or going to or returning home from an
employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) 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;
(7) Attending an official school, religious or other recreational activity supervised by
adults and sponsored by the city, 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, a civic organization, or another
similar entity that takes responsibility for the minor;
(8) 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
(9) Married or had been married or had disabilities of minority removed in
accordance with V.T.C.A., Family Code ch. 31.
(b) It is a defense to prosecution under subsection 66 -87(c) 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.
See. 66 -89. Enforcement.
Before taking any enforcement action under this article, 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 article unless the officer reasonably believes that an offense
has occurred and that, based on any response and other circumstances, no defense in section 66-
88 is present.
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n
Sec. 66 -90. Penalties.
(a) A person who violates 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 as provided in section 1 -14.
(b) When required by V.T.C.A., Family Code § 51.08, the municipal court shall waive
original jurisdiction over a minor who violates subsection 66 -87(a) and shall refer the
minor to juvenile court.
Section 3: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO /100 DOLLARS (S500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of
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 5: 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 6: 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
least 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, on this the I 1 th day of May, 2006.
f
CALVIN MUNDINGERN4Zr
City Clerk
APPROVED AS TO FORM:
AW
45NACIO RAMIREZ, S City Attorney
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