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HomeMy WebLinkAboutO-2023-3920ORDINANCE NO. 2023-3920 AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE CODE OF ORDINANCES BY REVISING JUVENILE CURFEW REGULATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN 104JWBlow I 1`IDo17.1%1 WHEREAS, pursuant to Texas Local Government Code, Chapter 51, the City may adopt, publish, amend, or repeal an ordinance, rule or police regulation that is for the good government, peace, and order of the municipality; and WHEREAS, the City has previously adopted a juvenile curfew ordinance, codified as Article III, Chapter 42 of the La Porte Code of Ordinances, in the interest of public health, safety, and welfare and for the purposes of protecting juveniles and preventing juvenile crime; and WHEREAS, Texas Local Government Code Section 370.002 requires the governing body of a municipality to review an existing juvenile curfew ordinance's effects on the community and the problems it was meant to address and hold public hearings on the need to continue the ordinance every three years; and WHEREAS, the City Council has reviewed the Juvenile Curfew Ordinance's effects on the community and on problems it was intended to remedy; and WHEREAS, after reviewing the City's existing juvenile curfew ordinance, it is found that re - adoption of Article III, Chapter 42 of the La Porte Code of Ordinances in its entirety is necessary to further the City's interest in protecting juveniles and preventing juvenile crime. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That the City Council finds the juvenile curfew ordinance, codified as Article III, Chapter 42 of the La Porte Code of Ordinances, has a positive effect on the community and is effective in both protecting juveniles and reducing juvenile crime. Section 2: That Chapter 42, "Miscellaneous Offenses," Article III, "Curfew for Juveniles," of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "ARTICLE III. - CURFEW FOR JUVENILES Sec. 42-71. - Findings and determinations. (a) Persons under the age of 18 are particularly susceptible, because of their lack of maturity and experience, to participate in unlawful and gang -related activities and to be victims of older perpetrators of crime. (b) The city has an obligation to provide for: (1) The protection of minors from each other and from other persons; (2) The establishment of parental control of and responsibility for their children; (3) The protection of the general public; and (4) The reduction of the incidence of juvenile criminal activities. (c) The city council has determined that a curfew for those under 18 years of age will be in the interest of the public health, safety and general welfare, and will help to attain the objectives of this section and will diminish the undesirable impact of such conduct on the citizens of the city. See. 42-72. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The teen shall include, but not be limited to, a fire, natural disaster, vehicular accident or a serious medical condition of sudden onset. 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 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. Miner means any person under 18 years of age. Opef•atoi- means any individual, firm, association, partnership, corporation or other legal entity 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 the natural parent, adoptive parent, or step-parent 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. 2 Remain means: (1) to linger or stay, or (2) to fail to leave a premises when requested to do so by a police officer or the owner, operator or other person in control of the premises. 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 or establishment 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 violation of the curfew imposed in subsection (a) of this section. (c) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours. See. 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 minor was attending a school, religious 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; (10) The minor was married or had been married, or had disabilities of minority removed in accordance with Texas Family Code Chapter 31; or (11) With respect to the hours between 9:00 a.m. and 2:30 p.m. only, that the offense occurred during the school summer vacation break period of the school in which the minor is enrolled; on a holiday observed by the closure of classes in the school in which the minor is enrolled; or that the minor has graduated from high school or received a high school equivalency certificate. or that the minor is home schooled and has permission from parent or guardian to be out in public. (12) 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. 42-75. - Supplemental effect of article. The provisions of this article are supplemental and shall be cumulative with all other laws and ordinances applicable in any manner to juveniles. Sec. 42-76. - Enforcement of article. Notwithstanding the penal effect of this article, the chief of police is encouraged to develop alternative enforcement strategies, which may include, but need not be limited to, the return of minors to their residences or schools, counseling with minors and their parents or guardians, the issuances of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in a uniform manner. Sec. 42-77. - Penalty for violation of article. Any person who violates this article shall be guilty of a misdemeanor and upon conviction in the municipal court of the city shall be subject to a fine in an amount not to exceed $500.00." Section 3: Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00). Section 4: Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7: This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this, the L-2,0°1 day of I Y I .2023. CITY OF LA Loui'� R.,Kigby, Mayor APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney 5