HomeMy WebLinkAboutOrdinance - 8673-1984 - Ord. Prov A Curfew For Sub-Minors Reg. Use Of St. At Late Hours - 09/27/1984DGV:cl
September 27, 1984
Agenda I tern #21
First Reading
October 11, 1984
Agenda Itern #16
Second Read i ng
ORDINANCE NO. 8673
AN ORDINANCE PROVlDING A CURFEW FOR SUB-MINORS; REGLJLArlNG USE OF
SfREErs AT LATE HOURS; PROVIDING FOR RELAfED MA f fERS SUCH AS PERMirs,
REGULATIONS AND OTHER EXCEPflONS, PARENfAL RESPONSlBILifIES, POLICE
PROCEDURES, PENALTIES, CONSTRUCfIDN AND CONTINUING EVALUATION; PROVIDING
FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICAf I ON.
WHEREAS, this ordinance updates the Sub-Minors' Curfew Ordinance of
1960, r1hich ordj_nance prescribed, in accordance with prevailing communi t y
standards, regulations for the conduct of sub-minors on the streets at late
hours for the good of sub-minors, for the fur t herance of famj ly respon-
sibility and for the public guod, safety and welfare; and
WHEREAS, the City Counc 11 finds that said Ordj nance meets a very rea 1
local need, has been over the years a s 19111 fl cant factor in mrnirn1zi ng
juvenile delinquency and should be updated and amplified in the ljght of
the following facts:
1. The Council finds that there are 4~,260 sub-mjnor s, based on 1980
census f 1gures updated to t.he present t 1.me, res1dj_ng rn the City of
Lubbock.
2. fhe Councj_l finds that there are 60,783 households in the City of
Lubbock, based upon updated figures fur the 1980 census.
3. The Council finds that the current population of the City of
Lubbock is 182,103, based upon updated figures for the 1980 census.
4. fhe Council finds that in certain areas of the City of Lubbock
commercial outdoor recreational facilities are almost non-existent and
there 1s 1 lttle or nothing for minors t.o do outdoors at late hours except
to roam the streets, which results in potential hazard to the minor because
of exposure to narcotics, alcohol, fighting and similar problems. Such
areas include, but not limited to University, from 4th to Clovis Road;
Buddy Holly Park-Canyor1 Lakes; Parkway & ZenJth; South Plains Mall Parkjng
Lot; Sentry Plaza Pc1rki.ng Lot-6500 Slide; 34th & Salem area; and Maxey
Park.
5. fhe Council finds that the City of Lubbock is a stable family
community and that parent.al responsibility for t he whereabouts of children
is the norm and legal sanctions to enforce such responsibility have had a
demonstrated effectiveness over the years; as parental control increases,
the liklihood of juvenile delinquency decr eases and there exi sts a con-
tinuing need for the late hours curfew far sub-minors.
6. The Council further finds that large gatherings of sub-minors 111
the aforementioned parts of the City of Lubbock have resulted in damage to
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public and private property; incidences of drug and alcohol abuse; inci
der1ces of v iole11ce, inc ludi11g murder; and that res 1dents of such areas are
afraid to be on the streets at night on some occasions because of such
gatherings of sub-minors at late hours.
WHEREAS, in view of the above stated findings, the City Council of the
City of Lubbock finds that it would be in the best interest of the health,
safety and welfare of the citizens of the City of Lubbock to update the
1960 Sub-minors' Curfew Ordinance; NO\~ THEREFORE:
BE Ir ORDAINED BY fHE ClrY COUNCIL OF THE CirY OF LUBBOCK:
SECrION 1. THAf Divisjon 3 of Chapter 18 of the Code of Ordinances
BE and is hereby amended to read as follows:
DIVISION 3. SUB-MINORS' CURFEW
Section 18-46. Definitions.
For the purposes of this Division, the following terms, phrases,
wurds and their derivations shall have the meaning given herein. When
nut 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" 1s always
mandatory and nut merely directory.
EsLabl 1shment.: Any privately owned place of busine::rn carried on
for a profit or any place of amusement or entertainment to which the
public is invited.
Operator: Any 1nd1vidual, firm, association, partnership or
corporation operating, managing, or conducting any esLablishmcr1t; and
whenever used in any clause prescribing a penalty, the term as applied
associations or partnerships shall include the members or partners
thereof and as applied tu corporations shall include the officers
thereof.
Parent: Any natural parent of a sub-minor, a legal guardian, or
any adult person, eighteen years or older, in whose care the sub-minor
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: ro slay behind, to tarry and stay unnecessari Ly upon a
public place, including congregating in groups totaling four or more
sub-minors in which any minor included would not be using the public
place for a,1 ordinary or serious purpose such as passage or goi.ng
home. Tu implement this definition wit.h more precision and pre-
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caution, numerous exceptions will be provided hereinafter to indjcate
that this 1s not a mere prohibitory or presence type curfew ordinance.
More exceptions became available to sub-minors with increasing years
and advancing maturity as appropriate in the interest of reasonable
regulation.
Sub-minor: Any person under the age of seventeen (17) years of
age, or, in equivalent phrasing, any person of the age of 16 years old
or younger.
Time uf n1ght: The prevailing local standard of time at the date
in question, whether Central Standard Time or Central Daylight Savings
Time, as observed by the public. The time maintained by the Lubbock
Pulice Department shall be prima facie evidence of the time of day for
continued 1mplementat10n of this ordinance.
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 sub-minor regulated by this ordinance.
Section 18-47. Curfew for Minors.
It shall be unlawful for any person 16 or less years of age to be
or remain jn or upon any public place or in ur 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 Cjty 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.
Section 18-48. Exceptions.
In the following exceptional cases a sub-minor in or upon any
public place or in and upon an establishment shall not be deemed in
violation of th1s ordinance. This section is intended as a clear
general guide fur sub-minors, their parents, and enforcement of-
ficials.
(a) When the sub-minor is accompanied by his parent, legal
guardian ur authorized adult supervisor.
(b) When exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of religion,
freedom uf speech and the rights of assembly. It shall be deemed a
bona fide exercise uf such rights if the assembly, whether parade u r
demonstration, has been permitted by the City of Lubbock pursuant to
Article XI uf Chapter 16 of the Code of Ordinances of the City of
Lubbock or uther bona fide religj_ous, social or school activities
involvjng the r1ght to assemble.
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(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 sub-minor is on the sidewalk at the place where
such sub-minor resides, or on the sidewalk of either next door
neighbor, wher, said neighbors do nut object to such presence.
(e) When the sub-minor is engaged in employment activities, such
as, but nut restricted to, newspaper delivery.
(f) All of the above cited exceptions to the curfew ordinance
include travel tu and from such activity by a direct rout8, and this
ordinance is in no way to be construed as a limitation upon normal
travel by a sub-minor engaged in interstate movement.
(g) Each of the foregoing exceptions are severable and in
addition other possible exceptions may be added hereto i.n 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.
Section 18-49. Parental responsibility.
It sha 11 be unlawful fur a parent knowingly to permit or by
insufficient control to allow a sub-minor 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 ordinance. The term "knowingly" includes knowledge which a
parent should reasonably be expected to have concerning the where-
abouts of a sub-minor in such parent's custody. It shall be prima
facie evidence of violation of this section if a responsible parent
has no knowledge of a sub-minor's whereabouts during t he hours of
curfew established by this ordinance. The purpose of this section JS
to require neglectful or careless parents to meet the community
standard of parental responsibility.
Section 18-SO. Establishment owner 1 s responsibility.
It shall be unlawful for the owner or operator of a business
establishment to allow a sub-minor to remain upon such business
premises during the hours of curfew established in this ordinance
beyond the time necessary to conduct an excepted activity. It shall
be no defense to this section that a sub-minor made a purchase, if the
sub-minor did not immediately make such purchase upon arrival and
depart immediately thereafter. It shall be a defense to prosecution
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under this section that the owner or uperator of such business
establishment has promptly notified the Lubbock Police Department that
sub-minors present un the premises after hours have refused to depart.
Section 18-51. Police procedures.
(a) A Lubbock pulice officer, upon finding or having his or her
attention called to any sub-minor in or on a public place or in or on
the premises of a business establishment in prima facie violation of
this urdrnance, may, J f there exist reasonabl e grounds to believe that
the sub-minor has engaged in delinquent conduct or conduct indicating
a need for supervision in accordance with Sections 51.03 and 52.01 of
the Texas Famil y Code, take the sub-minor into custody . ~ parent
shall be immediately nutified to pick up such sub-minor upun his
arrival at. the Lubbuck Police Department. A pol ice officer taking a
sub-minor into custody shall also have discretion to deliver such
sub-minor to a parent under circumstances deemed apprupriate by the
officer. A po Lice ufficer also may issue a warning notice to the
sub-minur in accordar1ce with Sect.ion 52 .01 uf the Texas Family Code
and order such sub-minor to go directly and promptly to his or her
home.
(b) Upon picking up a sub-minor in custody, said parent shall be
interrogated about the circumstances of such activity by t.he sub-
rninor. This is intended to permit ascertainment, under constitutional
safeguards, of relevant facts, and to centralize responsibility for
accurate, e ffective, fair, impartial and uni.form enforcement and
recurding , thus making available experienced s upervisory personnel,
the best of facilities, and, if required, referral to social agencies
equipped to handle family problems that may be disclosed by investi-
gation. In the absence of convincing identification, a pol ice officer
on the street may use his ur her best judgment in determining age.
Police prucedures shall be constantly refined in the light of experi-
ence, and changes herein may be made on the basis of such experience.
(c) In any event , a police officer shall within 24 hours file a
written report on the sub-minor incident or shall participate to the
extent possible in the preparation and filing of such a report by his
supervisor.
(d) When a parent has come to take charge of a sub-minor and the
appropriate information has been recei.ved, the minor shall be released
to the custody of such parent. If the parent cannot be located or
fails to take charge of the sub-minor, then the minor shall be
released to the juvenile authorities. However, the Police Department
shall have the discretion to refuse to turn the child over to persons
uther than natural parents or legal guardians, if circumstances
warrant such refusal in their opinion.
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(e) In the case of a violation by a sub-minor not resulting in
custody at the Lubbock Police Department, the Police Department shall
by certified mail notify the parent of the sub-minor involved of the
violation and i.nclude a warning that subsequent violations will result
in ful L enforcement of this ordinance, including the enforcement of
parental respons1bili ty by criminal action. 1 f the sub-minor was at a
business establishment, then the Police Department shall by certified
mail notify the owner or operator of such business establishment of
the violation and include a 1~arnj ng that subsequent v 1olations wil L
result in full enforcement of this ordinance, includir1g possible
criminal action.
Section 18-S2. Penalties.
Preva1ling community standards as reflected by this ordinance
require the availability of criminal penalties in order for this
ordinance to be a viable instrument fur the maintenance of such
standards. Consequently, violation of this ordi11ance by a parent or
business establishmer,t owner or operator shall be deemed to be a
misdemeanor punishable 1n accurd~1ce with Sections 1-4 of this Code,
if the parent or owner or operator of a business establishment has had
notice uf a prior violation. Sub-minors who shall v1olate the
provisions of this ordinance three or more times shall be subject lo
appropriate action by juvenile authorities.
Section 18-S3. Severabil1ty.
Severability is intended throughout and within this ordinance. If
any prov1s1on, including any section, paragraph, sentence, clause,
phrase or word ur the application thereof to any person or circum-
stance is held 1nval1d, the application to other persons or under
other circumstances shall not be affected thereby and the validity of
the ordinance in any and all other respects shall not be affected
thereby. It js intended that this ordinance be held rnapplicable i.n
any case tf such exists, where i ts application would be unconsti-
tutional. A c onstitutional construction hereof is intended and shall
be given. There is no intent herein to violate either the Texas
Constitution or the Constitution of the United States of America.
Section 18-S4. Admjnistrative procedures.
Prior to enforcement of this ordinance, there shall be a period
of three months durjng wt,ich publicity about this ordinance shall be
provided tu the public, especially through the schools, churches, and
civic groups, as well as by traditional methods of publication. During
and after this period, signed l etters questioning the legality of any
provision or provisions of this ordinance received by the City shall
be investigated and researched by the City Attorney or his staff as
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necessary and a prompt reply made to the questioning person. It shall
be a prerequisite to legal action that this administrative procedure
be followed by persons questioning this ordinance.
Section 18-55. Continuing evaluation.
lt is the intent of the City Council that this ordinance be
evaluated periodically as to its effectiveness and the necessity for
such an ordinance. Therefore, the City Manager or his staff is hereby
requested and required to compile information suitable for rcporUng
to the City Council on the effectiveness and continuing need for this
ordinance on an annual basis, with such report to be available by
October 1st of each successive year. Further, the City Council may
request and receive public comment upon this ordinance as deemed
necessary in their op1n1on.
SECflON 2. THAf violation of any provision of this ordinance except
by a sub-minor shall be deemed to be a misdemeanor.
SECrIDN 3. fHAr should ar1y section, paragraph, sentence, clause,
phrase or word of this ordinance be held to be unconstitutional or invalid
for any reason, the remainder oF this ordinance shall not be affected
thereby .
SECfION 4. fHAr the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication oF the descriptive caption of
this ordinance as an alternative method of publication provided by Law.
AND If IS SO ORDERED.
Passed by Counci L on first reading the 27th day of September
Passed by Council on second reading the I Ith day of
, 1984.
1984.
AffEST: ~ /<j~g
Ranftte Boyd, City Secretary
D, AS fO CQNT7lll: ....
J!h_,.y
to the City Manager
APPROVED AS ro FORM:
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Do'lTald G. Vandiver, As1listant City Atty.
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