Loading...
HomeMy WebLinkAboutOrdinance 14617ORDINANCE NO. AN ORDINANCE CONTINUING AND 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 April 10 and April 17, 2001, on the need for continuation of this ordinance ("the Section"), at which 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 m the best interests of the citizens of Fort Worth, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY FORT WORTH, TEXAS SECTION 1 That Section 23-19, "Curfew Hours for Minors", of the Code of the City of Fort Worth, is hereby continued in effect as 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 O1 a.m. until 6.00 a.m. on any Saturday or Sunday (2) Date of the Adoption of this Section means May 15, 2001 (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 m~ury or loss of life. 1 (4) Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not hmrted 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 pnvate 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 hmrted 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 (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 m~ury that creates a substantial nsk of death or that causes death, senous 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 m any public place or on the premises of any establishment within the city during curfew hours 2 (2) A parent or guardian of a minor ,commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain m any public place or on the premises of any establishment within the city dunng 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 dunng 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) m a motor vehicle involved m interstate travel, (d) engaged m an employment activity, or going to or returning home from an employment activity, without any detour or stop, (e) involved m an emergency; (f) 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 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 nghts 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 marned or had disabilities of minority removed m 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 dunng curfew hours and refused to leave 3 (D) Enforcement. Before taking any enforcement action under this Section, an officer shall ask the apparent offender's age and reason for being m 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 m 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 $500 (2) When required by Section 51 08 of the Texas Family Code, as amended, the municipal court shall waive original ~unsdiction over a minor who violates Subsection (B)(1) of this Section and shall refer the minor to ~uvemle 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, 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 Crty Marshal's office, (2) The impact of this Section on came 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 Crty 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. 4 (H) Sunset Provision Failure by the City Council to act m accordance with paragraphs (G) (1) -- (3) shall cause this Section to expire at 12 O1 a.m. May 15, 2004 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 Crty of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended m 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 m court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 m 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 rts passage and publication as required by law, and it is accordingly so ordained. APPROVED AS F AND LEGALITY ity orney Date `"/1~/?00 /~~~ EFFECTIVE ~~~~ l~, ~O-p / 5 City of FoYt Worth, Texas ~1~Ayar And C,aunci( C,am~rlun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 4/10/01 G-13200 35CURFEW 1 of 2 SUBJECT PUBLIC HEARINGS AND REVIEW OF CURFEW ORDINANCE FOR MINORS, ADOPTION OF CURRENT CURFEW ORDINANCE FOR THREE MORE YEARS RECOMMENDATION ~ It is recommended that the City Council 1 Review the effect of the curfew ordinance for minors on the community and on the problems the ordinance was intended to remedy; and 2 Conduct public hearings on April 10 and 17, 2001 on the need to continue the ordinance, and 3 Adopt the attached ordinance that continues the present 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 during the following curfew hours • 11 00 p.m on Sunday, Monday, Tuesday, Wednesday, or Thursday until 6.00 a m of the following day; and • 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 The review must address a) The ordinance's effect on the community; and b) Whether the purposes of the ordinance are met; and c) After the review, the City Council must conduct a public hearing 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 The present ordinance will expire May 19, 2001 The attached ordinance that the City Council is being asked to adopt is essentially identical to the one enacted on May 19, 1998 An article has been placed in the City Page of the Fort Worth Star Telegram inviting public feedback on the ordinance at both of the regularly scheduled meetings of the Fort Worth City Council for April 10 and;'!7, 2001 City of Fort Worth, Texas ~11~A~ar An`I Council amntun;cAt~an C DATE REFERENCE NUMBER LOG NAME PAGE 4/10/01 G-13200 35CURFEW 2 of 2 SUBJECT PUBLIC HEARINGS AND REVIEW OF CURFEW ORDINANCE FOR MINORS, __ _ ADOPTION OF CURRENT CURFEW ORDINANCE FOR THREE MORE YEARS FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds LW k Submitted for City Manager's Office by: Libby Watson 6183 Originating Department Head. Ralph Mendoza Additional Information Contact: FUND ~ ACCOUNT ~ CENTER (to) 48386 ~ (from) Ralph Mendoza 48386 AMOUNT I CITY SECRETARY A~ROV~~ CITY COU~iC1L MAY 15 2001 ~~ Ctty Secretasy of f11e Ctty of Fort Worth, ~xa9