HomeMy WebLinkAboutOrdinance 18000-03-2008ORDINANCE NO.18000-03-ZOOS
AN ORDINANCE AMENDING SECTION 23-19, "CURFEW
HOURS FOR MINORS," OF THE CODE OF THE CITY OF FORT
WORTH, AS AMENDED, BY REVISING THE EFFECTIVE DATE
AND BY ADDING AN AMENDED SUNSET PROVISION;
PROVIDING A PENALTY NOT TO EXCEED $500; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER OF THE CITY; PROVIDING A
SEVERABHIITY CLAUSE, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Fort Worth City Council held public hearings on February 26,
2008 and March 4, 2008, on the need for continuation of this ordinance ("the Section"),
at which time they considered the Report of the City Manager and the public's comments
concerning said need, reviewed the Section's effects on the community and on the
problems the Section was intended to remedy; and
WHEREAS, the Fort Worth City Council has determined the continuation of the
ordinance, as amended, is sound public policy and in the best interests of the citizens of
Fort Worth, and
WHEREAS, Texas Local Government Code §370.002 requires the ordinance be
reviewed and public hearings conducted every third year.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Section 23-19, "Curfew Hours for Minors", of the Code of the City of Fort
Worth, is hereby amended herein and after said amendment shall read as follows:
"Sec. 23-19. Curfew Hours for Minors.
(A) Definitions. In this section:
(1) Curfew Hours means:
(a) 11:00 p.m. on any Sunday, Monday, Tuesday,
Wednesday or Thursday until 6:00 a.m. of the following
day; and
(b) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
(2) Date of the Adoption of this Section means March 4, 2008.
(3) 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.
(4) 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.
(5) Guardian means:
(a) a person who, under court order, is the guardian of the
person of a minor; or
(b) a public or private agency with whom a minor has been
placed by a court.
(6) Minor means any person under 17 years of age.
(7) Officer means a police officer, city marshal or deputy city
marshal
(8) 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 officers of a corporation.
(9) Parent means a person who is:
(a) a natural person, adoptive parent, or step-parent of
another person; or
(b) at least 18 years of age and authorized by a parent or
guardian to have the care and custody of a minor.
(10) 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.
(11) Remain means to:
(a) linger or stay; or
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(b) fail to leave premises when requested to do so by an
officer or the owner, operator, or other person in control
of the premises.
(12) 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.
(13) This Section means Section 23-19 of the Fort Worth City Code.
(B) Offenses.
(1) A minor commits an offense if he 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
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
corrunits an offense if he knowingly allows a minor to remain upon
the premises of the establishment during curfew hours.
(C) Defenses.
(1) It is a defense to prosecution under subsection (b) that the minor
was:
(a) accompanied by the minor's parent or guardian;
(b) on an errand at the direction of the minor's parent or
guardian, without any detour or stop;
(c) in a motor vehicle involved in interstate travel;
(d) engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or
stop;
(e) involved in an emergency;
(f) on the sidewallc abutting the minor's residence or abutting
the residence of a next-door neighbor if the neighbor did
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not complain to the police department or marshal's office
about the minor's presence;
(g) attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the City of
Fort Worth, a civic organization, or another similar entity
that takes responsibility for the minor, or going to or
returning home without any detour or stop, an official
school, religious, or other recreational activity supervised
by adults and sponsored by the City of Fort Worth, a civic
organization, or another similar entity that takes
responsibility for the minor;
(h) 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
(i) married or had been married or had disabilities of minority
removed in accordance with Chapter 31 of the Texas
Family Code.
(2) It is a defense to prosecution under subsection (B)(3) that the owner,
operator, or employee of an establishment promptly notified the police
department or marshal's office 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 section, an 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 section unless the
officer reasonably believes that an offense has occurred and that, based on any
response and other circumstances, no defense in subsection (C) is present.
(E) Penalties.
(1) A person who violates a provision of this section is guilty of a separate
offense for each day or part of a day during which the violation is
committed, continued, or permitted. Each offense, upon conviction, is
punishable by a fine not to exceed five hundred dollars ($500.00).
(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 section and shall refer the minor to
juvenile court.
(F) City Manager's Report Before the third anniversary of the date of the adoption of
this section, the city manager shall review this section, report to the city council,
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and make recommendations concerning the effectiveness of and need for this
section. The city manager's report shall specifically include the following
information:
(1) The practicality of enforcing this section and any problems with
enforcement identified by the police department and city marshal's office;
(2) The impact of this section on crime statistics;
(3) The number of persons successfully prosecuted for a violation of this
section; and
(4) The City's net cost of enforcing this section.
(G) City Council review. Before the third anniversary of the date of the adoption of
this section, and every third year thereafter, the City Council shall:
(1) review the Section's effects on the community and on the problems the
Section was intended to remedy;
(2) conduct public hearings on the need to continue the Section; and
(3) abolish, continue or modify the Section.
(IT) Sunset provision. Failure by the city council to act in accordance with paragraphs
(G) (1)--(3) shall cause this Section to expire at 12:01 a.m. March 4, 2011.
SECTION 2.
That Chapter 23 of the Code of the City of Fort Worth, as amended, shall remain in full
force and effect, save and except as amended by this ordinance.
SECTION 3.
That the terms and provisions of this ordinance are severable and are governed by Section
1-5 of Chapter 1 of the Code of the City of Fort Worth, as amended.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the ordinances amended in Section 1 hereof, which
have accrued at the time of the effective date of this ordinance and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
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SECTION 5.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption and Sections 1 and 6 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.
SECTION 6.
That this ordinance shall take effect after its passage and publication as required by law,
and it is accordingly so ordained.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
Date:
ADOPTED: March 4 2008
EFFECITVE:
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Cep ®f F®e~ ~/®rth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/4/2008 -Ord. No. # 18000-03-2008
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, February 26, 2008
LOG NAME: 35CURFEW REFERENCE NO.: G-16067
SUBJECT:
Conduct Public Hearings and Review and Reinstatement of Curfew Ordinance for Minors; Adoption
of Curfew Ordinance for Three Years
RECOMMENDATION:
It is recommended that the City Council:
1. Hold public hearings on February 26, 2008, and March 4, 2008, on the curfew ordinance;
2. Review the effect of the Curfew Ordinance for Minors on the community and on the problems the
ordinance was intended to remedy, and make a determination that the purposes of the ordinances are met;
and
3. Adopt the attached ordinance that reinstates the lapsed curfew ordinance for Minors for three more
years.
DISCUSSION:
In 1994, the City Council adopted an ordinance establishing curfew hours for minors. With limited
exceptions, persons under 17 years of age are prohibited from remaining in public places, or on the
premises of an establishment from 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday until
6:00 a.m. of the following day and from 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
In 1995, the Texas Legislature enacted provisions that address a City's authority to enact juvenile curfew
ordinances. This legislation requires a city to conduct periodic reviews of its curfew ordinance. A city must
review its curfew ordinance at least every three years, addressing:
1. The ordinance's effect on the community and on problems the ordinance was intended to remedy; and
2. Whether the purposes of the ordinance are met.
After the review, the City Council must conduct public hearings and decide whether to abolish, continue or
modify its ordinance. If a city fails to conduct the required review and public hearings, the ordinance
automatically expires. Public hearings were held on March 30 and April 6, 2004, and the ordinance was
renewed on April 6, 2004.
The ordinance automatically expired on April 6, 2007. Public hearings are scheduled for February 26, 2008,
and March 4, 2008 with a view to re-enacting the curfew ordinance.
The attached ordinance the City Council is being asked to adopt is identical to the one enacted April 6,
2004.
Logname: 35CURFEW Page 1 of 2
An article has been placed in the Fort Worth Star-Tele„ ram inviting public feedback on the ordinance at
both of the regularly scheduled meetings of the Fort Worth City Council for February 26, 2008, and March 4,
2008.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Joe Paniagua (6575)
Originating_ Department Head: Patricia Kneblick (6191)
Additional Information Contact: Karen Anderson (6799)
Logname: 35CURFEW Page 2 of 2