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HomeMy Public PortalAboutOrdinance No. 1381-19 02-11-2019CITY OF RICHLAND HILLS ORDINANCE N0.1381-19 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS REINSTATING DIVISION 2, "CURFEW" OF ARTICLE II, "MINORS" OF CHAPTER 58, "OFFENSES AND MISCELLANEOUS PROVISIONS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS; MAKING IT AN OFFENSE FOR MINORS, PARENTS AND GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS TO VIOLATE CURFEW REGULATIONS; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING CERTAIN DEFENSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has determined that the reinstatement of the previously enacted juvenile curfew ordinance which is codified in Chapter 58 of the Richland Hills City Code of Ordinances is in the best interest of the public health, safety and general welfare of the citizens of the City of Richland Hills; and WHEREAS, the City Council believes that the congregation of minors during the nighttime hours encourages criminal mischief, teen drinking, and could result in harm to minors and others in the City of Richland Hills; and WHEREAS, persons under seventeen (17) years of age are particularly susceptible to becoming victims of older perpetrators of crime; and WHEREAS, the City of Richland Hills has an obligation to provide for the protection of minors and children, for the enforcement of parental control over and responsibility for children for the protection of the general public, and for the prevention of the incidence of juvenile criminal activities; and WHEREAS, a curfew for those under seventeen (17) 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 diminish the undesirable impact of such conduct on the citizens of the City of Richland Hills; and WHEREAS, Texas Local Government Code § 370.002 requires the ordinance be reviewed and public hearings conducted before the third anniversary of the date of adoption, and every third year thereafter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. That Division 2, of Article II, of Chapter 58 of the Richland Hills City Code is hereby reinstated to provide as follows: "DIVISION 2. CURFEW Sec. 58-51. Definitions. The following words, terms and phrases when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Curfew hours means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. unti16:00 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. Guardian means: (1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with whom a minor has been placed by a court. Minor means any person under 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: (1) A natural parent, adoptive parent, or step parent of another person; or (2) 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: (1) Linger or stay; or (2) 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 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. Sec. 58-52.Offenses. (a) 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. (b) 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. (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 establishment during curfew hours. Sec. 58-53. Defense to prosecution. (a) It is a defense to prosecution under section 58-52 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 58-52(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. Sec. 58-54. Enforcement. Before taking any enforcement action under this division, 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 section 58- 53 is present. Sec. 58-55. Penalties. (a) A person who violates a provision of this division 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. (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 58-52(a) and shall refer the minor to juvenile court. Secs. 58-56--58-80. Reserved." SECTION 2. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Five Hundred Dollars and no cents ($500.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required by law. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS l lt" DAY OF FEBRUARY, 2019. `\ \~\1tttNlllilillit//yf~j~r~ \`~~,`~~~,i'.,~~ /lf ~ Sri ~~ ~ ~~ ~i .v /,////~/~l~tt`tt1111111t1ttt\\\\\` T E HONORABLE EDW D, EZ, MAYOR ATTEST: CATHY BO ,CITY SEC ARY EFFECTIVE DATE: ~ _ ~ ~ " 1 APPROVED AS TO FORM AND LEGALITY: ~~_ BETSY E ITY TTORNEY