Ord. 1012-4 2021-11-22DocuSign Envelope ILY 44LA41UU-EUtsl--41 Ey-A41 r-O UAG;Jati4tiL
ORDINANCE NO. 1012-4
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 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
The facts and matters set forth in the preamble of this ordinance are hereby found to be true
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ORDINANCE NO. 1012-4
and correct.
I I
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, 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
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ORDINANCE NO. 1012-4
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 entertain-
ment 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
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 facilities, restaurants,
theaters, game rooms, shops, shopping centers, or any other place that offers for sale,
services or merchapdise
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 meanbodily 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
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ORDINANCE NO. 1012-4
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,
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;
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ORDINANCE NO. 1012-4
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 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
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ORDINANCE NO. 1012-4
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.
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
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
XII
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ORDINANCE NO. 1012-4
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 8th day of November, A. D , 2021
DocuSigned by:
Z rot
J IMAgM'LE
MAYOR
ATTEST
—DocuSigned by:
CR 'S` luAr bAN, TRMC, CMC
CITY SECRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 22nd day of
November, A. D , 2021
ATTEST
DocuSigned by:
La—
CRb5.AN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM
DocuSigned by:
EI3CA09013B114BU.
7
p—DocuSlgned by:
cez
J Rnt\it LE
MAYOR
DocuSign Envelope ID: 44DA410D-EUI3F-41 E9-A41 F-U99UA239t346C.
ORDINANCE NO. 1012-4
DARRIN M COKER
CITY ATTORNEY
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ORDINANCE NO. 1012-4
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 containing other provisions
relating to the subject.
Crystal Roan
Pearland City Secretary