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HomeMy WebLinkAboutResolution - 2010-R0413 - Juvenile Curfew Program Ordinance Review - 08/26/2010Resolution No. 2010-R0413 August 26, 2010 Item No. 6.2 RESOLUTION WHEREAS, Section 370.002 of the Local Government Code and Section 18-54 the Lubbock Code of Ordinances requires the City of Lubbock to review itsjuvenile rfew, ordinance every third year prior to October 30, the day of initial passage of such finance: and WHEREAS, the City council is required to review the ordinance's effect on the immunity and on the problems the ordinance was intended to remedy, conduct a public :acing on the ordinance, and abolish, take action to continue or modify the ordinance as sees fit; NOW THEREFORE: IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock, having reviewed the juvenile curfew ordinance and program, and having conducted a public hearing as ed by Sec. 370.002 of the Local Government Code and Sec. 18-54 of the Lubbock of Ordinances, finds that the City of Lubbock Juvenile Curfew Ordinance shall be ,ntinued (abolished, continued or modified). SECTION 2. THAT the Police Chief is hereby authorized and directed to take ,er actions are necessary to comply with the City Council's decision expressed with regard to the City of Lubbock's juvenile curfew ordinance and program. by the City Council this TOM MARTIN, MAYOR A frEST: Rebec'ba Garza, City Secret APPROVED AS TO CONTENT: 2010. DIVISION 3. JUVENILES' CURFEW* * Editors Note: Ord. No. 2004-00114, § 1, adopted Oct. 11, 2004, amended Div. 3, §§ 18-46--18-54 to read as herein set out. Prior to such amendment, Div. 3, §§ 18-46--18-55 had pertained to the same subject matter and was derived from Ord. No. 8673, § 1, adopted Oct. 11, 1984; Ord. No. 9737, § 1, adopted Oct. 13,1994; and Ord. No. 9814, § 1, adopted July 13, 1995. Cross References: Parks and recreation, Ch. 19; streets and sidewalks, Ch. 24. Sec. 1846. Definitions. For the purposes of this division, the following terms, phrases, works and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. Establishment: Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited. Juvenile: Any person under the age of seventeen (17) years of age, or, in equivalent phrasing, any person of the age of sixteen (16) years old or younger. Operator: Any individual, firm, association, partnership or corporation operating, managing, or conducting any establishment; and whenever used in any clause prescribing a penalty, the term as applied to associations or partnerships shall include the members or partners thereof and as applied to corporations shall include the officers thereof. Parent: Any natural parent of a juvenile, a legal guardian, or any adult person, eighteen (18) years or older, in whose care the juvenile has been placed by the natural parent or legal guardian. Public place: Any public street, highway, road, alley, park, playground, public building, parkway or vacant lot. Remain: To stay behind, to tarry and stay unnecessarily upon a public place, including congregating in groups totaling four (4) or more juveniles in which any minor included would not be using the public place for an ordinary or serious purpose such as passage or going home. To implement this definition with more precision and precaution, numerous exceptions will be provided hereinafter to indicate that this is not a mere prohibitory or presence type curfew ordinance. More exceptions become available to juveniles with increasing years and advancing maturity as appropriate in the interest of reasonable regulation. Time of night: The prevailing local standard of time at the date in questions, whether Central Standard Time or Central Daylight Savings Time, as observed by the public. The time maintained by the Lubbock Police Department shall be prima facie evidence of the time of day for continued implementation of this division. Year of age: This term means the time from one birthday, such as the sixteenth, to the next, but not including the day of the next birthday. Thus upon a person's seventeenth birthday, he or she will cease to be a juvenile regulated by this division. (Ord. No. 2004-00114, § 1, 10-11-04) Sec. 1847. Curfew for juveniles. (a) It shall be unlawful for any person sixteen (16) or less years of age to be or remain in or upon any public place or in or upon any establishment within the City of Lubbock between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official city time, except that on Fridays and Saturdays and nights next preceding school holidays (not including summer vacation) the hours shall be from 12:00 midnight to 6:00 a.m. (b) It shall be unlawful for any person aged six (6) to sixteen (16) years of age, inclusive, to be or remain in or upon any public place or in or upon any establishment within the City of Lubbock between the hours of 9:00 a.m. and 2:30 p.m. on a school day. (Ord. No. 2004-00114, § 1, 10-11-04) See. 1848. Exceptions. In the following exceptional cases a juvenile in or upon any public place or in and upon an establishment shall not be deemed in violation of this division. This section is intended as a clear general guide for juveniles, their parents, and enforcement officials. (a) When the juvenile is accompanied by his parent, legal guardian or authorized adult supervisor. (b) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the rights of assembly, whether parade or demonstration, has been permitted by the City of Lubbock pursuant to Article XI of Chapter 16 of the Code of Ordinances of the City of Lubbock or other bona fide religious, social or school activities involving the right to assemble. (c) When engaged in performing an errand or other legitimate business at the direction of a parent, guardian or supervisory adult, including travel to and from such location by a direct route. (d) When the juvenile is on the sidewalk at the place where such juvenile resides, or on the sidewalk of either next-door neighbor, when said neighbors do not object to such presence. (e) When the juvenile is engaged in employment activities, such as, but not restricted to, newspaper delivery. (f) All of the above cited exceptions to the curfew ordinance include travel to and from such activity by a direct route, and this division is in no way to be construed as a limitation upon normal travel by a juvenile engaged in interstate movement. (g) Each of the foregoing exceptions are severable and in addition other possible exceptions may be added hereto in the future as warranted by experience as illuminated by the views of student government associations, school personnel, citizens, neighborhood spokesmen, parents, officers and persons in authority concerned positively with minors as well as juvenile delinquency. (h) With respect to subsection 18-47(b) of this chapter, it shall be an exception that the offense occurred during a scheduled school vacation or holiday observed by the school in which the juvenile is enrolled; or that the juvenile has graduated from high school or received a high school equivalency certificate; or that the juvenile has been emancipated by law; or that the juvenile has permission to be absent from school or to be in a public place from a school official, which in the case of a child being educated in a home school includes a parent. (Ord. No. 2004-00114, § 1, 10-11-04) Sec. 1849. Parental responsibility. It shall be unlawful for a parent knowingly to permit or by insufficient control to allow a juvenile in his or her care to be or remain in any public place or to be or remain in any establishment other than for excepted activities during the curfew hours established by this division. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in such parent's custody. It shall be prima facie evidence of violation of this section if a responsible parent has no knowledge of the juvenile's whereabouts during the hours of curfew established by this division. The purpose of this section is to require neglectful or careless parents to meet the community standard of parental responsibility. (Ord. No. 2004-00114, § 1, 10-11-04) See. 18-50. Establishment owner's responsibility. It shall be unlawful for the owner or operator of a business establishment to allow a juvenile to remain upon such business premises during the hours of curfew established in this division beyond the time necessary to conduct an excepted activity. It shall be no defense to this section that a juvenile made a purchase, if the juvenile did not immediately make such purchase upon arrival and depart immediately thereafter. It shall be a defense to prosecution under this section that the owner or operator of such business establishment has promptly notified the Lubbock Police Department that juveniles present on the premises after hours have refused to depart. (Ord. No. 2004-00114, § 1, 10-11-04) Sec. 18-51. Police procedures. (a) A Lubbock police officer, upon finding or having his or her attention called to any juvenile in or on a public place or in or on the premises of a business establishment in prima facie violation of this division, may take the juvenile into custody. Such juvenile may be transported to a juvenile curfew processing office designated by the City of Lubbock Police Chief. Upon arrival at the juvenile curfew processing office, a parent, legal guardian or other responsible adult shall be immediately notified to pick up such juvenile at the juvenile curfew processing office. A police officer taking a juvenile into custody shall also have discretion to release such juvenile to a parent, legal guardian or other responsible adult under circumstances deemed appropriate by the officer. A police officer also may issue a warning notice to the juvenile in accordance with Section 52.01 of the Texas Family Code and order such juvenile to go directly and promptly to his or her home. Delinquent conduct or conduct indicating a need for supervision under Sections 51.03 and 52.01 of the Texas Family Code shall be handled in accordance with applicable provisions of the Family Code pertaining to such conduct and juveniles in prima facie violation of such provisions may not be taken to the city's curfew processing facility. (b) Upon picking up a juvenile in custody, said parent, legal guardian or other responsible adult may be questioned about the circumstances of such activity by the juvenile. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility for accurate, effective, fair, impartial and uniform enforcement and recording, thus making available experienced supervisory personnel, the best of facilities, and, if required, referral to social agencies equipped to handle family problems that may be disclosed by investigation. In the absence of convincing identification, a police officer on the street may use his or her best judgment in determining age. Police procedures shall be constantly refined in the light of experience, and changes herein may be made on the basis of such experience. (c) In any event, a police officer shall within twenty-four (24) hours file a written report on the juvenile incident or shall participate to the extent possible in the preparation and filing of such a report by his supervisor. (d) When a parent, legal guardian or other responsible adult has come to take charge of a juvenile and the appropriate information has been received, the juvenile shall be released to the custody of the parent, legal guardian or other responsible adult. If a parent, legal guardian or other responsible adult cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to appropriate authorities. However, the police department shall have the discretion to refuse to release a juvenile to an adult other than the parent or legal guardian of the juvenile. (e) A juvenile may not be held at the juvenile curfew processing office for more than six (6) hours. During such time, the following procedures shall be observed: (1) The office must be an unlocked, multipurpose area that is not designated, set aside, or used as a secure detention area or part of a secure detention area; (2) The juvenile may not be secured physically to a cuffing rail, chair, desk, or stationary object; (3) The juvenile may not be held longer than necessary to accomplish the purposes of identification, investigation, processing, release to parents, guardians or custodians, and arrangement of transportation to school or court; (4) The office may not be designated or intended for residential purposes; and (5) The juvenile must be under continuous visual supervision by a peace officer or other person during the time the juvenile is in the juvenile curfew processing office. (Ord. No. 2004-00114, § 1, 10-11-04) Sec. 18-52. Penaltles. Prevailing community standards as reflected by this division require the availability of criminal penalties in order for this division to be a viable instrument for the maintenance of such standards. Consequently, violation of this division by a juvenile, parent or business establishment owner or operator shall be deemed a misdemeanor punishable in accordance with 1-4 of this Code. (Ord. No. 2004-00114, § 1, 10-11-04) Sec. 18-53. Severability. Severability is intended throughout and within this division. If any provision, including any section, paragraph, sentence, clause, phrase or word or the application thereof to any person or circumstance is held invalid, the application to other persons or under other circumstances shall not be affected thereby and the validity of the division in any and all other respects shall not be affected thereby. It is intended that this division be held inapplicable in any case if such exists, where its application would be unconstitutional. A constitutional construction hereof is intended and shall be given. There is no intent herein to violate either of the Texas Constitution or the Constitution of the United States of America. (Ord. No. 2004-00114, § 1, 10-11-04) See. 18-54. Continuing evaluation. This ordinance, which is codified as division 3 of article II of chapter 18, shall be reviewed every third year prior to October 30 of such year as required by Section 370.002 of the Local Government Code. The first review shall be conducted no later than October 30, 2007, and every third year thereafter. Such review shall be conducted following a public hearing upon the need to continue the division and the City Council shall have the option to continue, abolish or modify the division based upon their review of the division's effects on the community and on the problems the division is intended to remedy. (Ord. No. 2004-00114, § 1, 10-11-04)