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HomeMy WebLinkAboutOrdinance - 9814-1995 - Amending Chapter 18 Code Of Ordinances Juvinile Curfew. - 06/22/1995II First Reading June 22, 1995 Item 127 Second Reading July 13, 1995 Item #8 ORDINANCE NO. _9_81_4 __ AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO SUB-MINORS' CURFEW BY AMENDING THE POLICE PROCEDURES CONTAINED THEREIN TO REFLECT CHANGES IN STATE LAW CHANGING THE TERM "SUB-MINOR" TO "JUVENILE"; CHANGING THE TERM 'SUB-MINOR" TO "JUVENILE"; PROVIDING FOR A PERIODIC REVIEW; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that there has been an increase in juvenile violence and juvenile crime in the City of Lubbock; and WHEREAS, the crimes being committed by juveniles include serious offenses such as murders, drive-by shootings, drug-related offenses and gang-related activities; and WHEREAS, the City Council believes that creation of a juvenile curfew processing center to reunite juveniles held for curfew violation with their parents would serve to alleviate the problem. by insuring the juveniles, parents and responsible officials have communication about any problems that may exist with regard to such juveniles; and WHEREAS, the Legislature has approved the use of such temporary juvenile curfew processing centers by passage ofHB 327, effective on May 31, 1995; and WHEREAS, it is believed that establishment and use of such a facility with the assistance of citizen volunteers and professional personnel will reduce crime and will be in the interest of the public health, safety and welfare of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the term. "sub-minor" be changed to read 'juvenile" in Chapter 18 and in any other place that it may appear in the Code of Ordinances of the City of Lubbock. SECTION 2. THAT Section 18-51 of the Code of Ordinances, City ofLubbock, Texas, is hereby amended to read as follows: 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 i: 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 hours. During such time, the following procedures shall be observed. 2 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; SECTION 3. lHAT Section 18-55 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 18-55. Continuing evaluation. This ordinance, which is codified as Division 3 of Chapter 18, shall be reviewed every third year prior to May 31 of such year as required by Section 370.002 of the Local Government Code. The first review shall be conducted no later than May 31, 1998, and every third year thereafter. Such review shall be conducted following a public hearing upon the need to continue the ordinance and the City Council shall have the option to continue, abolish or modify the ordinance based upon their review of the ordinance's effects on the community and on the problems the ordinance is intended to remedy. SECTION 4. 1HA T violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fme in accordance with section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. SECTION 5. 1HAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. 1HA T the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. 3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 22nd day of ___ J;_;u __ n __ e __ _;, 1995. Passed by the City Council on sec ArrEST:·. ~!h6.~ APPROVED AS TO CONTENT: flald G. Vandiver, First Assistant City Attorney 4 THE STATE OF TEXAS COUNTYOF B Before m · a ota 1 Public in and for Lubbock County, Texas on this day personally appear · .-fill"" . . . of the Southw:stern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Jou:nai-M~rnmg, and Sunday, who bemg by me dulr sworn did depose and say that s · <!Gewsparr ~ubhshed contmuously for more than fifty-two weeks pn- or to the first insertion of this Ci · -C. LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation I I Subscribed and sworn to before me thi .... s __ _..;.·_.J.,__ FORM5S.10