Ord. 1012-3 2018-08-27ORDINANCE NO. 1012-3
An Ordinance of the City Council of the City of Pearland, Texas,
establishing a curfew for persons under the age of 17 years, providing
defenses to prosecution for violations hereunder, providing a penalty
for violation; providing for timely review and analysis of said ordinance
to determine its effectiveness; containing a savings clause, a
severability clause and a repealer clause; providing an effective date
and for codification, and containing other provisions relating to the
subject.
WHEREAS, the City Council has determined that there has been an increase in
juvenile violence, juvenile gang activity, and crime committed by persons under the age of
17 years in the City of Pearland; and
WHEREAS, the City Council has discovered the migration of gang activity to the City
of Pearland from surrounding cities and communities where curfew ordinances have been
implemented and enforced; and
WHEREAS, due to their lack of maturity and experience, persons under the age of
17 years are particularly susceptible to participate in unlawful and gang -related activities
and to be victims of older perpetrators of crime; and
WHEREAS, the City of Pearland has an obligation to provide for the protection of
minors from each other and from other persons, for the enforcement of parental control
over the responsibility for children, for the protection of the general public, and for the
reduction of the incidence of juvenile violence and criminal activity; and
WHEREAS, a curfew applicable to persons under the age of 17 will be in the
interest of public health, safety, and general welfare, and will diminish the undesirable
impact of such conduct on the citizens of the City of Pearland; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
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ORDINANCE NO. 1012-3
I.
The facts and matters set forth in the preamble of this ordinance are hereby found
to be true and correct.
II.
PURPOSE.
It is the express purpose of this ordinance to: (1) deter criminal conduct involving
juveniles; (2) curtail migration of gang activity from surrounding cities and communities;
(3) reduce the number of juvenile crime victims; (4) reduce injury from accidents involving
juveniles; (5) provide additional and more effective means for dealing with gang -related
violence and crime; and (6) reduce juvenile peer pressure to participate in violent or
criminal activities.
III.
DEFINITIONS.
For the purpose of this ordinance, the following words or terms shall have the
meanings ascribed to them in this section unless the context of their usage clearly
indicates another meaning:
A. City shall mean the City of Pearland, Texas.
B. Curfew Hours shall mean:
1. 11:00 p. m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
until 6:00 a. m. of the following day;
2. 12:01 a. m. until 6:00 a. m. on any Saturday or Sunday; and
3. 9:00 a. m. until 2:30 p. m. on any Monday, Tuesday, Wednesday, Thursday,
2
ORDINANCE NO. 1012-3
or Friday; provided, however, the hours defined in this paragraph (3) shall not
be considered as Curfew Hours for minors subject to compulsory school
attendance pursuance to 21.032, Texas Education Code, nor shall the hours
defined in this paragraph (3) be considered as Curfew Hours on days or
during periods in which the school, where the applicable minor is enrolled, is
closed or classes in which the applicable minor is enrolled have been
canceled under the order and direction of officials authorized to issue such
orders and directives, nor shall the hours defined in this paragraph (3) be
considered as Curfew Hours on days or during periods in which applicable
minor is not required by law to be in attendance at school.
C. Emergency shall mean any unforeseen combination of circumstances or the
resulting state that calls for immediate action. This term shall include, but is not
limited to, a fire, natural disaster, automobile accident, or any situation requiring
immediate action to prevent serious bodily injury or loss of life.
D. Establishment shall mean 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 within the City.
E. Guardian shall mean a person who, under court order, is the guardian of the person
of a minor; or public or private agency with whom a minor has been placed by a
court.
F. Minor shall mean any person under 17 years of age.
G. Operator shall mean 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.
H. Parent shall mean a person who is a natural parent, adoptive parent, or step-parent
of a minor, a responsible adult, or a person at least 18 years of age who is
authorized by the parent or guardian of a minor to have the care and custody of
such minor.
I. Police Department shall mean the Pearland Police Department or any successor
police department of the City of Pearland.
J. Public Place shall mean any place to which the public or a substantial group of the
public has access and shall include, but is not limited to, streets, highways, and the
common areas of schools, hospitals, apartment houses, office buildings, transport
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ORDINANCE NO. 1012-3
facilities, restaurants, theaters, game rooms, shops, shopping centers, or any other
place that offers for sale, services or merchandise.
K. Remain shall mean to linger or stay, or 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.
L. Serious Bodily Injury shall mean 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.
IV.
OFFENSES.
A. It shall be unlawful for any minor to knowingly remain, walk, run, stand, or operate
or ride about in any motor vehicle or bicycle, in or upon any public place or on the
premises of any establishment within the City during Curfew Hours.
B. It shall be unlawful for the parent or guardian of a minor to knowingly permit, or, by
insufficient control, allow a minor to remain in or upon any public place or on the
premises of any establishment within the City during Curfew Hours.
C. It shall be unlawful for the owner, operator, or any employee of an establishment
within the City to knowingly allow a minor to remain upon the premises of the
establishment during Curfew Hours.
V.
DEFENSES.
A. It shall be a defense to prosecution under Section IV. of this ordinance that the
minor was:
1. accompanied by the minor's parent or guardian;
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ORDINANCE NO. 1012-3
2. accompanied by an adult designated by the parent or guardian to supervise
the minor;
3. on an errand at the direction of the minor's parent or guardian, without any
detour or stop;
4. in a motor vehicle involved in interstate travel;
5. engaged in lawful employment activity, or going directly to the employment
activity or returning directly to the minor's residence from the employment
activity, without any detour or stop;
6. involved in an emergency;
7. on an errand made necessary by an illness, injury, or emergency;
8. on the sidewalk abutting the minor's permanent residence, or abutting the
residence of a next door neighbor of the minor's permanent residence if the
neighbor did not complain to the Police Department about the minor's
presence thereon.
9. attending an official school, religious, or other recreational activity supervised
by adults and sponsored by the City of Pearland, 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 Pearland, a civic organization, or another similar entity that takes
responsibility for the minor;
10. engaged, participating in, or traveling to or from any event, function, or
activity for which the application of Section IV of this ordinance would
contravene the minor's rights protected by the United States Constitution
including but not limited to, First Amendment rights, such as the free exercise
of religion, freedom of speech, or the right of assembly; or
11. married or had been married or had disabilities of minority removed in
accordance with Chapter 31 of the Texas Family Code.
B. It is a defense to prosecution under Section IV (C) that the owner, operator, or
employee of an establishment promptly notified the Police Department that a minor
5
ORDINANCE NO. 1012-3
was present on the premises of the establishment during Curfew Hours and the
minor refused to leave.
C. It is a defense to prosecution under Section IV. of this ordinance that the minor has
been directed by his or her parent or guardian to engage in a specific activity or to
carry out expressed instructions, during the time that the minor is actually engaged
in fulfilling those directions or responsibilities.
VI.
ENFORCEMENT.
Before taking any enforcement action under this ordinance, a police officer shall ask
the apparent offender's age and reason for being in the public place or establishment. The
officer shall not issue a citation or make an arrest under this ordinance unless the officer
reasonably believes that an offense has occurred and that based on any response and
other circumstances, Section V is present.
VII.
PENALTIES.
A. A person who violates any provision of this ordinance shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined in an amount not to exceed
$500.00. Each day of violation shall constitute a separate offense.
B. 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 Section IV
(A) of this ordinance and shall refer the minor to juvenile court.
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ORDINANCE NO. 1012-3
VIII.
The provisions of this ordinance are supplemental and shall be cumulative with all
other laws and ordinances applicable in any manner to juveniles.
IX.
All ordinances and parts of ordinances in conflict herewith are hereby repealed, but
only to the extent of such conflict.
X.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such holding
shall not affect the validity of the remaining portions thereof.
XI.
Within six months after the initial enforcement of this ordinance, the City Manager shall
review this ordinance and report and make recommendations to the City Council
concerning the effectiveness of and the continuing need for the ordinance. The City
Manager's report shall specifically include the following information:
A. the practicality of enforcing the ordinance and any problems with enforcement
identified by the Police Department;
B. the impact of the ordinance on crime statistics;
C. the number of persons successfully prosecuted for a violation of the ordinance; and
D. the City's net cost of enforcing the ordinance.
7
ORDINANCE NO. 1012-3
XII.
It is the intent of the City Council of the City of Pearland, Texas, that this ordinance
shall be codified in the City's official Code of Ordinances, and the sections of this
ordinance may be renumbered to accomplish such intention.
XIII.
The City Secretary shall cause this ordinance, or its caption and penalty, to be
published in the official newspaper of the City of Pearland, upon passage of such
ordinance. The ordinance shall then become effective ten (10) days from and after its
publication, or the publication of its caption and penalty, in the official City newspaper.
PASSED and APPROVED ON FIRST READING this the 27th day of August, A. D.,
2018.
ATTEST:
8
TOM REID
MAYOR
0111111/4
•. O
:yam
ORDINANCE NO. 1012-3
PASSED and APPROVED ON SECOND AND FINAL READING this the 17th day of
September, A. D., 2018.
ATTEST:
'" Q ,RLAIV
"#1
::
APPROVED AS TO FORM
f/J Z
TQNrREI D
MAYOR
VOTING RECORD SECOND AND FINAL READING
September 17, 2018
Voting "Aye" - Councilmembers Carbone, Reed, Moore,
Hernandez, Little, Perez, and Owens
Voting "No" - None.
Motion passes 7 to 0.
PUBLICATION DATE September 19, 2018
EFFECTIVE DATE: September 28, 2018
DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10
CITY ATTORNEY OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS
9
AprO5 1801:25p p.2
VDT OFUL
The Pearl.fnd Repoeter t3ewZ
2407 South Park
Pearland, Texas 775E31
State off Te s
Galveston, razoria and Harris CoUnties
11 hereby certify that the notice hereby appended was published fin the
REPORTER NEWS, a newspaper of general circulation in Galveston,
razoria and Harris C unties for. _ _ __issues as follow:
;11. 1-11
No. 1 Date 20 t
No.
No.
Date
20
Date
20
Subscribed a n bfore me this day o
2010.
-404"7-•• LAURA A. EMMONS
•s*.•
My *WO) 479i620
• ., EphsSeptember91 2022
Form 418&1
airAnn Emou, ublisher
Notary Public, State of Tens
Friendswood drops La Porte 43-7
By DR. DAVID ➢AVLS
Friendswood got a much
improved passing game
from sophomore QB Luke
Grden and the Mustangs
defense steppedup in a
dominating way to hand the
winless La Pone Bulldogs
their third straight Toss for
the 2018 football season.
to the outcome of this non -
district contest as Friends -
wood jumped out to a con -
Rumble 31-0 halftime lead.
The Mustangs began their
opening possession on their
own 30 and in five plays
found the pay station when
Luke Revere scored on a 5-
yard con for a 7-0 lead fol-
lowing the PAT by Austin
a 21-0 lead before La Pone
had run an offensive play.
Friendswood added to
their lead when Grden
found Alex Fluellen on a
23-yard scoring strike for a
28-0 advantage.
Alvarez added three more
points on a 35-yard field
goal before intermission for
the 31-0 lead.
Moto Bob Brown
FINAL SCORE - Frlondswood's Moses Garcia (45) napped off the scoring for the Mustangs with
a 51-yard run with 28 seconds left In the contest to post the 43-7 flnal to keep Friendswood unde-
feated et 3-0 on the season. Garcia had five carries far 61 yards and one score. Friendswood has
an open date this week
On the other hand, the
Mustangs begin their 2018
football campaign at 3-0
which is their first undefeat-
ed start since 2012 when
head coach Robert Koop-
mann became the new head
coach when former head
coach Steve Van Meter
retired from Friendswood
There was bale doubt as
Alvarez.
Friendswood quickly
increased their lead to 14-0
when La Pone fumbled the
ensuing kickoff which was
recovered by Ryan Parks at
the Bulldog 27.
The Mustangs moved the
hall to the six-yard line that
set up a touchdown by Col-
ton Halata for the score and
Friendswood scored twice
in the fourth quarter on a
Zach Zamora (3-yard run
and Moses Garcia capped
off the scoring with a 51-
yard con with 28 seconds
left in the contest to post the
43-7 final.
La Porte's defense
scored their only touchdown
with 5:16 left in the fourth
quarter on an 18-yard Mum-
ble recovery for a touch-
down.
The Mustangs defense
was suffocating as they
recorded 13 tackles for lost
yardage and three sacks.
Blaze Hilton and Johna-
than led the charge to keep
the pressure on QB River
Thompson.
Special teams also played
a big part in the contest as
Ryan Helton blocked a
Bulldog punt.
The longest drive by La
Pone started at their own 25
and advanced M. the
Friendswood 3 before Chris
Hoskins forced a fumble on
second -mid -goal giving the
'Slangs the ball back on
offense. Trey Mappc also
came away with a pass
interception.
Friendswood finished the
game with 438 total yards
and 14 first downs.
Grden was 16-of-24 for
284 yards and two TD pass-
es in his best performance
of the young season.
Garcia had five carries for
61 yard.s and one score
while Revere had 29 yards
on eight totes and a score.
Christian Lee led all
receivers with four catches
for 103 yards while Alvarez
had six grabs for 80 yards
and one TD.
Friendswood has an open
date this Friday, Sept. 21
and then will begin district
play when they host Texas
City on Friday, Sept. 28 at
7:00 p.m. at Henry Winston
Stadium.
AREA VOLLEYBALL REPORT
PEARLAND VS DAWSON
The Pearland Lady Oilers defeated cross-town cousin
Dawson 3-1 (25-21, 31-29, 15-25, 25-13) to improve to 2-0
in District 23-6A action. 'The Lady Eagles arc the two -tine
defending district champion so this was a big win for the
Lady Oilers.
Abby Sm jstrla paced the Lady O's with 20 kills and 9
digs, but got plenty of help from her teammates Sam
Denunon (9 kills), Lauren Britt (7 kills), Jackie Arrington (7
blocks), Katie Whitehead (27 assists, 13 digs), Megan
[links (18 assists, 15 digs), Chloe Jordan (15 digs), and
Stasha Adams (15 digs).
PEARLAND VS ALIEF ELSIK
The Pearland Lady Oilers defeated A)ief Elsik 3-0 (25-13.
5-10, 25-16).
Key players for Pearland included Abby Smajstrla (9
kills), Sam Demmon (8 kills). April Conant (8 kills). Katie
Whitehead (23 assists), Megan /links (18 assists), Chloe
Jordan (18 digs), and Slasha Adams (12 digs).
FRIENDSWOOD VS GALENA PARK
The Friendswood Lady Mustangs swept the Galena Park
Lady Ycllowjockets 3-0 (25-10, 25-14, 25-4).
The Lady Mustangs were led by Makensy Manbeck (10
kills), Elle MoGowen (7 kills), Nicole Scott (6 kills), Ashley
Svoboda (6 kills), and Riley Nickerson (4 kills).
FRIENDSWOOD VS SANTA FE
The Friendswood Lady Mustangs came out Tuesday sin
ply on fire and never looked back en route to a 25-13, 25-
16, 25-21 sweep of the Santa Fe Lady Indians in a District
22-5A showdown.
PEARLAND
ART&
CRAFTS
ON THE PAVILION
FREE, juried art show to shop for unique ,
art and handcrafted pieces created by
local artists. Live music presented by Kroger
includes a singer/songwriter showcase.
A food truck court, pop-up point studio and
kids art station are part of the fun. Artist
applications accepted online.
OCTOBER'6-7 • 10am-5pm
Pearland Town Center
11200 Broadway Street
Free Admission
Visit Pearland
—Texas-
281.997.5970 • VisitPearland.com/artshow2018
C1:3)1(rIaapr
Pearland
The Reporter News'
.CLA55IFIEDS
281-485-7501
HELP WANTED
HELP WANTED
JOB OFFER:
MANAGEMENT ANALYST
WITH KNOWLEDGE OF THE OIL, GAS AHD
ELECTRIC INDUSTRIES.
Requisites: Bachelors Degree in Business or a
Related Field or Foreign Educational Equivalent.
Minimum 60 months of experience required.
JOBSITE: PEARLAND, TEXAS
SEND RESUME TO:
6953 Brookside Rd. • Brookside Village TX 77581
or email resume to
contact@ckbrnachining.com.
LEGALS
POW. Sem 10 mats
LEGALS
ORNINANC,F NO 1012.3
An Ordinance of the Clry Council of the City of Pearland, Texas, establlslr
Mg a curfew Inc persons under the ago of 17 years, providing defenses to
prosecution for Notations hereunder, providing a penalty for violation; pro-
viding tar Whey review and analysts of said ordinance to determine ifs
ebectiveness; containing a savings cause, a severability clause and a
repealer clause; providing an effective date and for codification, and cery
Wake other provisions relating to We sullied
PENALTIES,
A Aperson who *tales any provision of this ordinary shag be deemed guilt'
of a misdemeanor and, upon conviction, shall be toed man amount not to
exceed S500.00. Each day of violation shall co..la a separate offense.
B. When required by Section 51.08 of the Texas Family Code,as amended, the
Municipal Court shall waive original;miscictien over a minor who No6tes
Section N (A) of Ibis ordnance and shag refer to minor to juvenile COWL
PASSED and APPROVED ON SECOND AND FINAL READING cis the 17V1
day of September. A 0., 2018.
y Tam Reid 050cr.ca500 or„nar•eunum.m-
Mayor usae
ATTEST:
is/ Young Lcrfing. TRIAD
City Secretary
APPROVED AS TO FORM:
ol Danh M. Coker
CM/Attorney
:..a''aem.... 500wsn w,av,
uauw-w<
LEGALS
PUYWMsrnc. 13,2316
LEGALS
ORDINANCE NO.1563
An Ordinance of the Oily Council of the City of Pearland, Texas, temporer-
Ily altering the prima facie speed limits established ter vehicles under We
proWsau of 6ecuon SAS456, Texas Transportation Code, upon certain
streets and highways, of parts thereof, within We corporate limits of the
City of Pearland (SH 2aa Frentage Roads between FM 518 and FM 2234), as
set out In Ibis ordinance; praalding a penalty; and declaring an emergency.
Section a. Penalty. Any person violating any of thepo0son0 of this orduunce
shall be deemed gully of a misdemeanor and upon comidon Nereol shag be
fined in any sum nal more than TWO Hundred Dollars (5200).
PASSED and APPROVED an First and 0n1y Rea01g is the 176 day of
September, A D..2018.
5/Tom Raid ^Ltl"°
Mayor
ATTEST:
Is/ Yormg Lning, TRMC
City Secretary
APPROVED AS TO FORM:
kl Danh1 M. Coker
CV/Mornay
:11.11"==`'"'"'".
ow1M1C.. �arY.F v mh�1Mf
LEGALS
m400aed Sep. 106 Soot 26 2019
LEGALS
NOTICE TO OFFERORS
CITY OF PEARLAND, TEXAS
Sealed Statements of Oua6(kations Abe accepted Laud 2:00 o m Tbumday
October R 201P and read abed Into the pubis word for the Waving project
Facilities Condition Assessment
City of Pearland, Texas
BID NO.:0318-67
A comprehensive Farley Condition Assessment 1 serve as the pan for lacfi-
y repairs, saaedu!ed replacement and a budgeting tool for City facilities, result-
ing inapoadvestaff.
A Mandatory Pre -Submittal Meeting will be b¢d at to City of Pearland, Cry
Hag Annex, 35231IDory Drive. Pearland. Texas h1 the Houston Conference
Roam a12:o0 pm on Tuesday, October 2, 201d
The ay 000050s me right to ricer any or an peweeale, or to aaept any pro-
posals or combhlation of proposals deemed advantageous to a
Vendors shou'd register on to Cnya a-0d system al buresJbearland Ion -
wave net (if rolao-early registered). Once registered on the Cile abd system.
poposaldon.ncn0 may be We Non Neste. tl furor 600005ce is needed,
pkase ema0pbld,9Ancarlandogonno olertan 200 pmrtursday, October
4, 2018. Make reference 0 Bld Number 091847. Bid Closing Dale: October
9.2018_
Young Loring, TRMC
City Secretary. City el Pearland
Fast Pubgrafiml dale Spolemher 19, 201a
Second Pubialm date Reolember 26. pole
UHCL offers workshop for
school administrators, leaders
Join University of Houston -Clear Lake s Center for
Educational Programs on Sept. 29 from 8:30 a.m. — 3:30
p.m. for a full -day experience to discover the power of pos-
itive leadership and its benefits for your school or district
Yon will learn proven strategies to improve your school cul-
ture and develop positive leaders. This training will be held
at UIJ-Clear Lake Pearland Campus, 1200 Pearland Pkwy.
Fees for the .session are S150.
To resister or for more information, visit