Ord. 1012-1 - 2010-02-25ORDINANCE NO. 1012-1
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,
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ORDINANCE NO. 1012-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
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
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ORDINANCE NO. 1012-1
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 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.
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ORDINANCE NO. 1012-1
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 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.
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ORDINANCE NO. 1012-1
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. 1012-1
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.
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ORDINANCE NO. 1012-1
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.
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.
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ORDINANCE NO. 1012-1
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.
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.
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ORDINANCE NO. 1012-1
PASSED and APPROVED ON FIRST READING this the 8th day of February, A. D.,
2010.
TOM REID
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 22nd day
of February, A. D., 2010.
ATTEST:
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Y.Cirr11112"
EID
MAYOR
VOTING RECORD SECOND AND FINAL READING
FEBRUARY 22, 2010
Voting "Aye" - Councilmembers Owens, Sherman, Saboe,
and Cole.
Voting "No" — None.
Motion passed 4 to 0, with Mayor Pro -Tenn Kyle absent.
PUBLICATION DATE: February 24, 2010
EFFECTIVE DATE: March 5, 2010
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
ORDINANCE NO. 1012-1
APPROVED AS TO FORM:
0.(--_._:_LK-
DARRIN M. COKER
CITY ATTORNEY
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