HomeMy WebLinkAboutOrdinance - 9737-1994 - Amending Chapter 18 Regard Sub-Minors Curfew 9 Am To 2 Pm School Days. - 09/08/1994First Reading
Council Date 09/08/94
Item No. 34
Second Reading
Council Date 10/13/94
Item No. 8
ORDINANCE NO. 9737
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 HOURS OF CURFEW FOR SUB-MINORS TO INCLUDE THE
HOURS OF 9:00A.M. TO 2:30P.M. ON SCHOOLDAYS; PROVIDING CERTAIN
EXCEPTIONS; PROVIDING FOR CHANGES IN POLICE PROCEDURES; 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, a substantial part of this activity takes place during school hours; and
WHEREAS, it is believed that a curfew imposed upon those persons of compulsory
school age will encourage school attendance and will reduce crime and will be in the interest
of the public health, safety and welfare of the citizens ofthe City ofLubbock; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. TIIAT Section 18-47 ofthe Code ofOrdinances, City ofLubbock,
Texas, is hereby amended to read as follows:
Sec. 18-47. Curfew for sub-minors.
(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 establish-
ment within the City ofLubbock 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 6:00a.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.
SECTION 2. TIIAT Section 18-48 of the Code of Ordinances, City ofLubbock,
Texas, is amended by adding thereto a new paragraph (8) which shall read as follows:
(8) With respect to Paragraph 18-47(b) ofthis Chapter, it shall be an
exception that the offense occurred during a scheduled school vacation or
holiday observed by the school in which the sub-minor is enrolled; or that the
sub-minor has graduated from high school or received a high school
equivalency certificate; or that the sub-minor has been emancipated by law; or
that the sub-minor 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.
SECTION 3. TIIAT Section 18-51 of the Code of Ordinances, City of Lubbock,
Texas, shall be amended by deleting therefrom paragraph (e) in its entirety.
SECTION 4. TIIAT Section 18-52 of the Code of Ordinances, City of Lubbock,
Texas, shall be amended to read as follows:
Section 18-52. Penalties.
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 sub-minor, parent or business establishment owner or
operator shall be deemed a misdemeanor punishable in accordance with
Section 1-4 of this Code.
SECTION 5. TIIAT violation of any provision ofthis Ordinance shall be deemed a
misdemeanor punishable by a fine in accordance with section 1-4 of the Code of Ordinances
of the City ofLubbock, Texas.
SECTION 6. TIIAT 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 7. TIIAT the City Secretary is hereby authorized and directed to cause
publication ofthe descriptive caption ofthis Ordinance as an alternative method of publication
provided by law.
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AND IT IS SO ORDERED.
ATTEST:
APPROVED AS TO CONTENT:
~~
/Ken Walker, Police Chief
DO Vlccdocslsubminor.ord
August 29. 1994
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