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HomeMy WebLinkAboutOrdinance 11031' f ?R ORDINANCE N0. t/ AN ORDINANCE AMENDING CHAPTER 23, "OFFENSES AND MISCEL- LANEOUS PROVISIONS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING A NEW SECTION 23-17, "CURFEW REGULATIONS FOR CHILDREN", TO ESTABLISH A CURFEW FOR CHILDREN DURING NOCTURNAL HOURS, TO PROVIDE CERTAIN REGULA- TIONS CONCERNING THE USE OF STREETS AND PUBLIC PLACES BY CHILDREN DURING NOCTURNAL HOURS, AND TO PROVIDE FOR RELATED MATTERS SUCH AS AFFIRMATIVE DEFENSES AND PARENTAL RESPON- SIBILITIES; PROVIDING FOR PENALTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE AND A SUNSET PROVISION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 23, "Offenses and Miscellaneous Provisions", of the Code of the City of Fort Worth, Texas (1986), as amended, be and is hereby amended by adding a new Section 23-17 to read as follows: Sec. 23-17. Curfew Regulations for Children. 1. Short Title. This ordinance shall be known and may be cited as the "Curfew Ordinance". 2. Purposes and Findings. A. Purposes. The purpose of this Ordinance is to protect the welfare of children by: (1) reducing the likelihood that children will be the victims of criminal acts during curfew hours; (2) reducing the likelihood that children will become involved in criminal acts during curfew hours; and (3) aiding parents, guardians, custodians, or other responsible persons, in carrying out their responsibility to exercise reason- able supervision of the children entrusted to their care. B. Findings. In determining that a need exists for this Ordinance, the City Council finds and determines as follows: (1) The City of Fort Worth is a stable family community where parental responsi- bility for the whereabouts of children is the norm. (2) During nocturnal hours children are at greater risk for victimization or becoming involved in delinquent or criminal behavior. (3) As parental control increases, the like- lihood of children being victimized or becoming involved in delinquent or criminal behavior decreases. (4) The victimization of children and involvement of children in crime and violent crime have reached an unacceptable and alarming level compelling the City Council to adopt this Ordinance for the public good, safety, and welfare. 3. Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. A. CITE means the City of Fort Worth. B. CHILD means a person who is under the age of 17 years of age. C. CRIMINAL NEGLIGENCE - A person acts with criminal negligence, or is criminally negligent, with 2 respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it consti- tutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. D. CUSTODIAN means the adult with whom the child resides. E. GUARDIAN means the person who, under court order, is the guardian of the person of the child or the public or private agency with whom the child has been placed by a court. F. INTENTIONALLY - A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. G. KNOWINGLY - A person acts knowingly, or with knowledge, with respect to the nature of his con- duct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. H. LAW ENFORCEMENT OFFICER means a City of Fort Worth Police Officer. I. MOTORIZED VEHICLE means a self-propelled vehicle subject to registration under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes). J. OTHER RESPONSIBLE PERSON means an adult, 18 years of age or older, other than a parent, guardian or custodian, in whose care and under whose individ- ualized supervision the child has been placed by the parent, guardian, or custodian, and under circumstances which demonstrate actions indi- cating oversight and concern for the child. 3 K. PARENT means the mother, the father, or an adoptive parent, but does not include an indi- vidual whose parental rights have been termi nated. L. 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, hos- pitals, apartment houses, office buildings, transport facilities, and shops. M. REASONABLE SUSPICION means suspicion, based upon specific facts and inferences that would lead a reasonable person to conclude that someone being stopped may have committed, may be committing, or may be about to commit a violation. N. RECRLESSLY - A person acts recklessly, or is reckless, with respect to circumstances sur- rounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the cir- cumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. 0. REMAIN means to walk, run, stand, drive, ride about, stay or be otherwise present. P. STREET means a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel The term "street" includes the legal right-of- way, including but not limited to the traffic lanes, curb, sidewalk, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what the legal right-of-way is formally named or called, whether alley, avenue, court, road, or otherwise. Q. TIME OF NIGHT means the prevailing standard of time, whether Central Standard Time or Central Daylight Savings time, generally observed at that hour by the public in Fort Worth, prima facie the time then observed in the Fort Worth Police Department's Communications Division. 4 R. YEAR OF AGE continues from one birthday, such as the sixteenth, to (but not including the day of) the next, such as the seventeenth birthday, making it clear that 16 or less years of age is herein treated as equivalent to the phrase "under 17 years of age". 4. Curfew. A. It shall be unlawful for any child 16 or less years of age (under 17) to inten- tionally, knowingly, recklessly, or with criminal negligence be or remain in or upon the streets or a public place within the city limits of Fort Worth during the period ending at 6:00 A.M. and beginning: (1) at 11:00 P.M. week nights (Sunday through Thursday nights); (2) at 12:00 A.M. weekends (Saturday and Sunday mornings). B. It shall be unlawful for a parent, guardian, or custodian, having custody and control of a child 16 or less years of age (under 17) to intentionally or knowingly permit or, by reckless or criminally negligent failure to exercise reasonable control, to allow such child to be or remain in or upon the streets or a public place within the city limits of Fort Worth during the period ending at 6:00 A.M. and beginning: (1) at 11:00 P.M. week nights (Sunday through Thursday nights); (2) at 12:00 A.M. weekends (Saturday and Sunday mornings). C. It shall be unlawful for a parent, guardian or custodian, to fail to respond to any noti- fication by a law enforcement officer to take custody of a child, unless. reasonably hindered from doing so. 5. Penalties. A. A child (upon proof that written notice and warning were given to the parent, custodian or guardian for the child's first violation as set forth in Subsection 5 B below) shall 5 commit a first offense upon the second ~~iola- tion of Subsection 4.A. For such first offense, and for any subsequent offenses, a child upon conviction shall be fined not more than $200 for any one offense. A muni- cipal court may, however, defer charges against a child arising out of a violation of subsection 4.A to a teen court program as provided in Article 46.55 of the Code of Criminal Procedure when guidelines for such referral, if necessary, have been approved by the juvenile court of the county. B. In the case of a first violation by a child of Subsection 4.A of this Ordinance, the Chief of Police shall give written notice of such violation to a parent, guardian, or custodian with a warning that any subsequent violation will result in full enforcement of this Ordinance, including enforcement of parental responsibility and applicable penalties. Such notice shall be given by personally delivering a copy to the parent, custodian or guardian, or by sending the notice to the parent, custodian or guardian by certified mail, return receipt requested. C. A parent, guardian, or custodian (upon proof that written notice and warning were given for a child's first violation as set forth in Subsection 5.B above) shall commit a first offense upon the second violation of Subsection 4.A by a child. For such first offense, and for any subsequent offenses, a parent, guardian, or custodian upon convic- tion.. shall be fined no more than $200 for any one offense. D. Jurisdiction for violations of this Ordi- nance shall be in the Fort Worth Municipal Courts. 6. Law Enforcement Procedure. A. Detention: (1) A law enforcement officer may stop and detain persons whom the officer has developed reasonable suspicion to believe have committed a violation of Subsection 4.A of this Ordinance. 6 (2) Prior to detaining a motor vehicle upon reasonable suspicion to believe that the occupants are committing a violation of Subsection 4.A of this Ordinance, a law enforcement officer shall attempt to ascer- tain insofar as possible that the persons are not: B. (a) returning home from a lawful occupation as set forth in Subsection 7.A(5); (b) traveling directly to or from a First Amendment activity as set forth in Subsection 7.A(6); (c) engaged in normal travel as set forth in Subsection 7.A(7); (d) engaged in interstate travel as set forth in Subsection 7.A(8); (e) returning home from an educational, religious, or nonprofit activity as set forth in Subsection 7.A(9); (f) engaged in an emergency errand as set forth in Subsection 7.A(10); (g) acting in a case of reasonable neces- sity as set forth in Subsection 7.A(11). Proof of Violation (1) A law enforcement officer may enforce Subsection 4 of this Ordinance after finding a person in prima facie violation of the Ordinance in the absence of convincing evi- dence such as legal identification tending to show said person is 17 years of age or older or a valid written communication from the parent, guardian, custodian, or other responsible person which falls within the provisions of Subsection 7.A(6), 7.A(7), 7.A(9), 7.A(10) or 7.A(11) of this Ordi- nance. (2) A law enforcement officer, upon finding or having his/her attention called to any child, in prima facie violation of this Ordinance, shall deliver the child tc a parent, guardian, custodian, or other 7 ~. _. -.. -. ~ _ ~ -- . _ -- -----~--.MA - ~. responsible person (under appropriate cir- cumstances) and inform the parent, guardian, custodian or other responsible person to report to the Fort Worth Police Department's Youth Section on the next working day so that the Department may discuss with the parent, guardian or custodian the prima facie violation and enforcement of the ordi- nance, including parental responsibilities and applicable penalties. (3) Children under 10 years of age: (a) A law enforcement officer, upon finding or having his/her attention called to any child under 10 years of age, in prima facie violation of this Ordi- nance, shall take the child to the Fort Worth Police Department's Division Sector Headquarters for the Division where the child was found if the child's parent, guardian, custodian, or other responsible person cannot be located for release of the child. While this child is being maintained at a police facility, the officer having custody of the child shall again attempt to contact another responsible person into whose custody the child may be released. (b ) I f a law enforcement officer is unable to locate the parent, guardian, cus- todian, or other responsible person to release a child under 10 years of age, the officer shall notify the Human Services, Child Protective Services, for assistance in finding temporary housing for this child. This procedure will be consistent with already estab- lished procedures concerning neglected, abandoned, or abused children. 7. Affirmative Defenses. A. It is an affirmative defense to prosecution under Section 4 of this ordinance that: (1) A child is accompanied by a parent, guardian, custodian, or other responsible person as defined in this Ordinance. 8 (2) A child is legally married, divorced or widowed. (3) A child is the parent of a child. (4) A child is on the sidewalk of his/her residence. (5) A child is legally employed and is upon the premises of the child's place of employ- ment or is returning home from an occupation which requires the child to remain out beyond the curfew hours. (6) A child is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly, or free exercise of religion. Such child shall evidence the bona fides of such exercise by carrying a written communication signed by such child and countersigned, if practi- cable, by a parent, guardian, custodian, or other responsible person, which shall state: (a) the name, address, and telephone number of such child; (b) the name, address, and telephone number of the parent, guardian, or custodian for the child; (c) the height, weight, sex, color of eyes and hair, and other relevant physical characteristics of such child; and (d) specifying when, where, and in what manner said child will be out (during hours when this Ordinance would be otherwise applicable to said child) in the exercise of a First Amendment right specified in such communication. (7) The child is, with the consent of the parent, guardian, or custodian of said child, engaged in normal travel in a motor- ized vehicle within the city limits of Fort Worth under circumstances not otherwise covered by Subsections 7.A(5), 7.A(6), 7.A(9), 7.A(10) or 7.A(11) of this Ordi- nance. Such child shall evidence the bona fides of such consent. by carrying a written 9 communication signed by the parent, guar- dian, or custodian for the child which shall state: (a) the name, address, and telephone number of such child; (b) the name, address, and telephone number of the parent, guardian, or custodian for such child; (c) the height, weight, sex, color of eyes and hair, and other relevant physical characteristics of such child; and (d) a brief description of facts showing the applicability of this subsection 7.A(7). For purposes of this Subsection, a child "engaged in normal travel in a motor- ized vehicle" shall be deemed to include children who are waiting at a designated area for public transportation or waiting for private transportation in an area specified in the parent, guardian, or cus- todian's written communication of consent. A child "engaged in normal travel" for purposes of this Subsection 7.A(7) and of Subsection 6 means a child driving along the streets in a lawful manner which indicates a clear intent of traveling from place of origin to place of destination. (8) A child is engaged in interstate travel beginning, ending or passing through Fort Worth. (9) A child is attending or returning directly home from an activity that is sponsored by an educational, religious, or nonprofit organization within 60 minutes of the termination of the activity. Such child shall evidence the bona fides of such activity by carrying a written communication signed by the parent, guardian, custodian, or other responsible person, which shall state: (a) the name, address, and telephone number of such child; 10 (b) the name, address, and telephone number of the parent, guardian, custodian, or other responsible person for such child; (c) the height, weight, sex, color of eyes and hair and other relevant physical characteristics of such child; and (d) a brief description of the activity and evidence that said activity is spon- sored by an educational, religious, or nonprofit organization. (10) A child is engaged in an emergency errand and the child has in his or her possession, if practicable, a written state- ment signed by the parent, guardian, cus todian, or other responsible person, which states that the errand is directly related to the health or safety of the parent, guardian, custodian, or other responsible person or a family member and that describes the nature of the errand and the safety emergency. (11) In cases of reasonable necessity and of such urgency that the parent, guardian, cus- todian, or other responsible person is unable to accompany the child. In such cases, the child must carry a written com- munication from the parent, guardian, cus- todian, or other responsible person which shall state: (a) the name, address, and telephone number of such child; (b) the name, address, and telephone number of the parent, guardian, custodian, or other responsible person for such child; (c) the height, weight, sex, color of eyes and hair, and other relevant physical characteristics of such child; and (d) a brief description of facts amounting to reasonable necessity at a designated time for a described purpose including points of origin and destination. 11 (12) Each of the foregoing provisions and their several limitations, such as provi- sions for notification, are severable, as hereinafter provided. 8. Severabilit It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and, if any section, paragraph, sentence clause, or phrase of this Ordinance shall be declared uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitu- tionality shall not affect any of the remaining sec- tions, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of such unconstitutional section, paragraph, sentence, clause, or phrase. 9. Continuing Evaluation. A. The City Council will continue to study, evaluate, and periodically update this Ordinance. B. The City Manager will periodically report to the City Council concerning the enforcement of this Ordinance and the need for any amendments thereto. 10. Effective Date and Sunset Provision. A. This ordinance shall take effect on April 1, 1992, and it is so ordained. B. This Ordinance shall remain in effect until midnight on March 31, 1994. Before that date, City Council will review the enforcement of this Ordinance and the number of offenses committed by and against children, will determine whether the Ordinance has been effective in reducing such offenses, and will decide whether the Ordinance should remain in effect after March 31, 1994. 11. Enforcement. The Fort Worth Police Department will serve as the primary agency in the effective implementation of this Ordinance. This Ordinance, as all other laws and ordinances, shall be enforced in a fair, equitable and nondiscriminatory manner throughout the City. 12 ~: SECTION 2. This Ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of the Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this Ordinance by copying the cap- tion and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 4. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and effective date of this Ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : ~ "" ~ " ADOPTED: ~~ ~j°-~ EFFECTIVE: 13