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AN ORDINANCE AMENDING SECTION 13-5, "CURFEW HOURS FOR MINORS," OF CHAPTER 13, "OFFENSES AND MISCELLANEOUS PROVISIONS," OF THE CODE OF THE CITY OF RIVER OAKS (1965), AS AMENDED; DEFINING TERMS; CREATING OFFENSE FOR MINORS, PARENTS AND GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR WAIVER BY THE MUNICIPAL COURT OF JURISDICTION OVER A MINOR WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING A PENALTY NOT TO EXCEED $500; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES, REPEALING ORDINANCE NO. 451; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

• (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; and

    • (C) 8:30 a.m. until 3:00 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday.

  • (3) 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.

  • (4) 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.

  • (5) Minor means any person under 17 years of age.

  • (8) 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) 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.

• (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.

• (e) Penalties.
  • (1) A person who violates a provision of the 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 jurisdiction over a minor who violates Subsection (b)(1) of this Section and shall refer the minor to juvenile court.