2001-08-27 Regular Meeting and Public Hearing

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e e ~ 42-72 LA PORTE CODE Guardian means the person who, under a court order, is the guardian of the person of a minor or the public or private agency with whom a minor has been placed by a court. - Minor means any person under 18 years of age. Parent means the natural mother or father or adoptive mother or father 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, apartments, houses, office buildings, transport facilities and shops. (Ord. No. 93-1887, ~ 2(13.51), 2-9-93) Cross reference-Definitions generally, ~ 1-2. Sec. 42-73. Prohibited acts; offenses. (a) It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city: (1) Between the hours of 12:00 at night (midnight) and 6:00 a.m. on any day of the week; or (2) Between the hours of 9:00 a.m. and 2:30 p.m. on any day on which classes are in session in the La Porte Independent School District. (b) It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to be in viol~tion of the curfew imposed i'n subsection (a) of this section. (Ord. No. 93-1887, ~ 2(13.52), 2-9-93) Sec. 42-74. Defenses to prosecution under section 42-73. It is a defense to prosecution under section 42-73 that: (1) The minor was accompanied by his parent or guardian; (2) The minor was accompanied by an adult designated by his parent or guardian; (3) The minor was on an errand made necessary by an emergency; (4) The IIlinor was attending a school, religiov.s or government-sponsored activity or was traveling to or from a school, religious or government-sponsored activity; (5) The minor was engaged in a lawful employment. activity or was going directly to or coming directly from lawful employment; (6) The minor was on the sidewalk of the place where he resides; (7) The minor was on an errand directed by his parent or guardian; (8) The minor was in a motor vehicle involved in intrastate or interstate transportation; (9) The minor was engaged in, participating in or traveling to or from any event, function or activity for which the application of section 42-73 would contravene his rights protected by the state or United States Constitutions; CD42:6