§ 9.20.010. Curfew.

A.

The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this chapter.

"Curfew hours" means 11:00 p.m. until 6:00 a.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, and Friday, and 12:01 a.m. until 6:00 a.m. on any Saturday and during school hours between 9:00 a.m., and 2:30 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday on any scheduled school day of class of the Uvalde Consolidated Independent School District (UCISD) during the observed calendar year.

"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"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 a person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.

"Minor" means any person under 17 years of age not including those individuals under 17 years of age who have, in accordance with Chapter 31, Texas Family Code, had the general disabilities of minority removed.

"Operator" means 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 officer of a corporation.

"Parent" means a person who is a natural parent, adoptive parent, or stepparent of another person; or at least 18 years of age and authorized by a parent or guardian to have the care and custody 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, apartment houses, office buildings, transport facilities, and shops.

"Remain" means 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.

"Serious bodily injury" means 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.

"School hours" means those daytime hours on any scheduled school day of class as defined by the term "curfew hours."

B.

Offenses.

1.

A minor commits an offense if he/she remains in any public place or on the premises of any establishment within the city during curfew hours.

2.

A parent or guardian of a minor commits an offense if he/she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

3.

The owner, operator, or any employee of an establishment commits an offense if he/she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

C.

Defenses. It is a defense to prosecution under subsection B. that the minor was:

1.

Accompanied by the minor's parent(s) or guardian;

2.

On an errand at the direction of the minor's parent(s) or guardian, without any detour or stop;

3.

In a motor vehicle involved in interstate travel;

4.

Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

5.

If, at the time of a violation occurring during school hours, the minor was enrolled and participating in an approved and qualified home school program;

6.

Involved in an emergency;

7.

On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence;

8.

Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, Uvalde Consolidated Independent School District, a civic organization, church or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour of stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, Uvalde Consolidated Independent School District, church, a civic organization, or another similar entity that takes responsibility for the minor;

9.

Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

10.

Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code.

11.

Under Subsection B.3. 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.

D.

Enforcement. Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that no defense in subsection C. is applicable.

E.

Penalties.

1.

A person who shall violate any provision of this chapter, or shall fail to comply therewith, or any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $500.00. Each day the violation exists shall constitute a separate offense. Evidence of a culpable mental state shall not be required to establish a violation of this chapter.

2.

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 subsection B.1. of this chapter and shall refer the minor to juvenile court.

F.

Liability. The Uvalde Police Department, police officers of the Uvalde Police Department, or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the city in the discharge of his or her duties, shall not thereby be rendered liable personally and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the police officer or such employee, because of any act or omission in the discharge of duties under any provision of this chapter, shall be defended by the city attorney or an attorney appointed by the city's insurance carrier until final termination of the proceedings.

G.

Governmental Immunity. Nothing in this chapter shall be deemed to waive, modify or amend any legal defense available at law or in equity to either the city, the police department or its employees, or to create any legal rights or claims on behalf of any third party. Neither the city, the police department, nor any of its employees, waives, modifies or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the state.

(Ord. No. 2010-28, § 2, 10-12-2010; Prior code § 19-14)