AN ORDINANCE OF THE CITY OF KOSSE, TEXAS ADOPTING A JUVENILE CURFEW, PROVIDING FOR PROCEDURES AND REGULATIONS REGARDING LAWFUL HOURS, PROVIDING FOR ENFORCEMENT ACTION; ESTABLISHING REPORTING REQUIREMENTS: ESTABLISHING A PENALTY; DECLARING AN EMERGENCY, AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Kosse has held public meetings and a public hearing regarding the adoption of a juvenile curfew; and

WHEREAS, the City Council of the City of Kosse has determined that the adoption of a juvenile curfew would be in the best interest of the citizens of the City of Kosse:

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KOSSE, TEXAS:

SECTION I. PURPOSE

The purpose of the Curfew is to help address increases in Juvenile Delinquencies and Juvenile victimization. For the Curfew Ordinance to be effective it must be enforced in a consistent fair and uniform manner.

SECTION II. DEFINITIONS

Direct Route: The shortest path of travel through a public place to reach a final destination without any detour or stop along the way.

Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate action.

Establishment: Any privately owned place of business operated for a profit to which the public is involved, including but not limited to any place of amusement or entertainment.

Guardian: A court appointed guardian of the person or a minor, or a public or private agency with which a minor has been placed by a court.

Interstate Transportation: Means the transportation of persons or property, which crosses a state of international boundary.

Intrastate Transportation: Means the transportation of persons or property within a state where the point of origin and destination point of the property is within the state and on state line or international boundary is crossed.

Juvenile: Any person ten years of age or older and under 17 years of age.

Operator: 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 officers of a corporation.

Remain: To linger or stay, or to fail to leave the premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

Responsible Adult: An adult who is at least 18 years of age and has been designated in writing by a parent or a court appointed guardian to have care and custody of a juvenile and includes, but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. This term shall include establishments as defined above.

SECTION III. PROCEDURES

CURFEW ORDINANCE PROVISIONS

The enforcement hours for juveniles under 17 years of age are:

Weekday: 11:00 p.m. until 6:00 a.m. the following day Sunday, Monday, Tuesday, Wednesday, or Thursday.

Weekend: 12:01 a.m. until 6:00 a.m. Saturday or Sunday.

It shall be unlawful for any juvenile to knowingly remain, walk, run, stand, drive or ride out in or upon any public place in the city or on the premises of any establishment within the city during curfew hours.

It shall be unlawful for a parent or guardian to knowingly permit or by insufficient control allow a juvenile to remain in any public place or on a premises of any establishment within the city during curfew hours. As used in this section, the term “knowingly” includes knowledge that a parent or guardian should reasonably be expected to have concerning the whereabouts of a juvenile. It shall be prima facia evidence of a violation of this section if a parent or guardian has no knowledge of a juvenile’s whereabouts during the hours of curfew established herein.

It shall be unlawful for any owner, operator, or employee of an establishment to allow a juvenile to remain upon the premises of the establishment during curfew hours beyond the time necessary to conduct an activity set out in the defenses {listed below.}

SECTION IV. ENFORCEMENT

Before taking any enforcement action against an apparent offender, business, or parent, a police office will ask:

{1} the apparent juvenile offender’s age

{2} the reason the juvenile is in a public place

An officer will not issue a citation or warning to the juvenile or parent, if the juvenile is in a public place or establishment during the curfew hours if the juvenile is:

{1} Accompanied by a parent, guardian or responsible adult, or

{2} On an errand at the direction of his parent or guardian without making any unnecessary detour or stop; or

{3} Engaged in a lawful employment activity, or going to or returning from a lawful activity by a direct route without any unnecessary detour or stop;

{4} On the sidewalk abutting his residence; or

{5} Attending a school, religious or government sponsored activity supervised by adults; or

{6} Married or had been married or had disabilities of minority removed in accordance with the Texas Family Code; or

{7} In a motor vehicle involved in intrastate or interstate travel; or

{8} Involved in an emergency or on an errand made necessary by an emergency.

An officer will not issue a citation to the owner, operator or employee of a business establishment when the establishment has promptly notified the police department that a juvenile was present on the premises of the establishment during the curfew hours and refused to leave after being asked to leave.

A person who violates a provision of this article is guilty of a separate

.......... offe nse fo r eac h d a y or part of a day during which the violation is committed, contained, or permitted. Each violation of this article is a class C misdemeanor that may be punished by the assessment of a fine up to $500.00.

If a violation by a juvenile has been occurred, an officer will:

Determine if the juvenile has been previously cited for Curfew violations:

The officer shall issue a written warning or citation to the violator (Juvenile and/or parent), depending on the circumstances and previous Curfew violation history.

Written warnings are encouraged when the officer feels the violator did not understand the nature and purpose of the Curfew Ordinance: or circumstances of the violation suggest that violator made a reasonable attempt to conform to the Ordinance.

Written citations are appropriate when the officer feels the violator: had knowledge of the ordinance and purposely ignored it; or had previous curfew citations as determined after a records check if the safety of the juvenile IS NOT in jeopardy, the officer may direct the violator to proceed directly home.

The officer WILL TRANSPORT the juvenile home, if the safety of the juvenile IS in jeopardy, or the officer feels he/she needs to make personal contact with the parent or guardian.

When the juvenile is transported home,

a. the parents or responsible adults are contacted, and

b. they are informed of the specific circumstances of the violation, and the nature and purpose of the law, and

c. they are asked to co-sign the violation. Unwillingness of the parents or guardian to sign is noted on the violation or warning notice.

SECTION V. REPORTING

Offense reports will be made on ALL curfew violations, whether a written warning or citation is issued.

The following will be included in the offense report:

a. Curfew Contact Initiated

b. By Citizen (i.e. suspicious person, etc.)

c. By Officer (on-site) (2) Violation a. Issued warning or citation b. Citation number c. Location of offense

(3) Offender

a. Name (Juvenile, Business, Parent, etc.)

b. Home address, Phone, etc. (4) Disposition a. Transported home

b. Parent/Guardian contracted.

Any recommended follow-up (Example: CPS, parents leave children unsupervised at night, et.)

A curfew database will be maintained in Records.

The Municipal Court clerk shall be responsible for mailing out letters or warnings and citations to parents, guardians or businesses.

When a business establishment has been cited or warned for violation of curfew, a letter is mailed to the business establishment explaining the provisions of the curfew ordinance by the Municipal Court Clerk.

SECTION VI. PENALTIES

A person, firm, corporation, entity or partnership that violates a provision of this ordnance is guilty of a separate offense for each day or part of the 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) per offense, per day.

SECTION VII

It is found that an emergency and urgent public necessity exist which requires the immediate passage of this Ordinance.

SECTION VIII. EFFECTIVE DATE

That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law requires.

PASSED AND APPROVED by the City Council of the City of Kosse, Texas this the 2nd day of February, 2010.

‘AYES’ Richard Bennett Wendell Jordan James McCaleb ‘NAYS’ APPROVED: February 2, 2010 EFFECTIVE: March 2, 2010 CITY OF KOSSE By: Ben Daniell Mayor ATTEST: Nora Ensminger City Secretary 8-1tc