HomeMy WebLinkAboutOrdinance 25954-01-2023 ORDINANCE NO. 25954-01-2023
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
SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Fort Worth City Council held public hearings on November 29,
2022, December 13, 2022, and January 10, 2023, 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 January 10, 2023.
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(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 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 parent, 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
commits 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 sidewalk 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 from, 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 (13)(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 (13)(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.February 13,2023.
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:
n,1i,. b
Nico Arias(Jan 27,202314:41 CST)
Assistant City Attorney Jannette S. Goodall
City Secretary
ADOPTED: January 10, 2023
EFFECTIVE:January 14, 20230
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/29/22 M&C FILE NUMBER: M&C 22-0988
LOG NAME: 35CURFEW 2023
SUBJECT
(ALL)Conduct Public Hearings on the Need to Continue the Curfew Ordinance for Minors, Review the City's Curfew Ordinance for Minors and Its
Effects on the Community and on Problems the Ordinance was Intended to Remedy and Adopt Ordinance Amending Section 23-19 of City Code,
Curfew Hours for Minors,to Extend the Curfew for an Additional Three Years(Continued from a Previous Meeting)
(PUBLIC HEARING-a. Report of City Staff: Sergeant Deon Nash; b. Citizen Presentations;c. Council Action: Close Public Hearing and Act on
M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Review the City's Curfew Ordinance for Minors and its effects on the community and on problems the ordinance was intended to remedy;
2. Conduct public hearings on November 29,2022 and December 13,2022 regarding the need to continue the curfew ordinance for minors; and
3. Following the second public hearing on December 13,2022,adopt the attached ordinance amending Section 23-19 of the City Code to extend
the curfew provision for an additional three years.
DISCUSSION:
In 1994,the City Council adopted an ordinance establishing curfew hours for minors.This ordinance was renewed in 2020. Under the current
ordinance,curfew hours are(1)between 11:00 p.m.and 6:00 a.m.of the following day on Sunday,Monday,Tuesday,Wednesday,and Thursday,
and(2)between 12:01 a.m.and 6:00 a.m.on Saturdays and Sundays.Section 23-19 also makes it an offense for a parent,guardian,or the agent
of a for-profit business to knowingly allow a juvenile to violate the curfew.
In 1995,the Texas Legislature enacted Section 370.002 of the Texas Local Government Code,which addresses a City's authority to enact juvenile
curfew ordinances.This legislation requires a city to review its curfew ordinance at least every three years and specifically its effect on the
community and on problems the ordinance was intended to remedy. Section 371.002 also requires that the City Council(1)conduct public
hearings regarding the need to continue the ordinance and(2)decide whether to abolish, continue or modify it. If a city fails to conduct the required
review and public hearings,the curfew ordinance expires.
In addition to the state law requirements, Section 23-19 itself requires that the periodic review include a report and recommendations from the City
Manager concerning the effectiveness and need for the curfew.Under the City Code,the City Manager's Report addresses the practicality of
enforcing the curfew, notes any enforcement problems encountered by the Police Department or Marshal's Office, indicates the impact of the
curfew on crime statistics,provides information on the number of successful prosecutions of curfew violations and estimates the City's net cost of
enforcing the curfew.
The City's current ordinance will expire on January 14,2023,if no action is taken.Public hearings regarding the curfew are scheduled to be
conducted on November 29,2022 and December 13,2023 as part of the City Council's regularly scheduled meetings. In connection with the
currently proposed renewal,the City Manager's Office provided Council with an Informal Report on November 15,2022 providing the required
information and recommending the extension of the curfew ordinance for an additional three years.
The attached ordinance would amend the City Code to update the effective date,make the curfew effective for an additional three years and revise
the date in the"Sunset Provision"of subsection"h".All other provisions mirror the current ordinance,which was most recently adopted in
2020(M&C G-18919).
Following the closing of the initial public hearing on November 29,2022,staff recommends that this Mayor&Council Communication be continued
to the December 13,2022 meeting for the second public hearing and Council action.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head: Neil Noakes 4212
Additional Information Contact: Neil Noakes 4212
Expedited