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HomeMy WebLinkAboutResolution - 2001-R0193 - Juvenile Curfew Ordinance - 05/10/2001Resolution No. 2001-80193 May 10, 2001 Item No. 54 RESOLUTION WHEREAS, the City of Lubbock has codified ordinances relating to juvenile curfew at Division 3, Article II, Chapter 18, of the Code of Ordinances of the City of Lubbock, Texas; and WHEREAS, Section 18-55 of the Code of Ordinances of the City of Lubbock provides that the juvenile curfew ordinance shall be reviewed every third year prior to May 31 of such year as required by Section 370.002 of the Texas Local Government Code; and WHEREAS, a public hearing with proper notice has been held for review of the juvenile curfew ordinance, including a review of the effect of such ordinance on the community and on the problems such ordinance was intended to remedy with regard to whether such ordinance should be abolished, continued or modified; and WHEREAS, it appears that the effect of such juvenile curfew ordinance on the City of Lubbock is positive and that continuation of the ordinance would be in the best interest of the health, safety and welfare of the citizens of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the juvenile curfew ordinance of the City of Lubbock, codified as Division 3, Article II, Chapter 18, of the Code of Ordinances of the City of Lubbock, Texas, be and the same is hereby ordered to be continued in effect as authorized by Section 18-55 of the Code of Ordinances of the City of Lubbock, Texas, and the requirements of Section 370.002 of the Texas Local Government Code. Passed by the City Council this 10th day of May '2001. 4WNDY . : ..- ATTEST: Rebecca Garza, City Secreta APPROVED AS TO CONTENT: en A. Walker, Chief of Police APPROVED AS TO FORM: D,o iald G. Vandiver, First Assistant City Attorney Mres/Curfew-ext.res April 17, 2001 _ ORDINANCE NO. 9814 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 of HB 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 of Lubbock, 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 Curfew Processing Office designated by the Cite of Lubbock Police Chief. Upon arrival at the Juvenile Curfew Processing Office, a parent, legal guardianor 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. THAT 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. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine in accordance with section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. SECTION 5. THAT 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. THAT 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 June ,1995. Passed by the City Council on sec reading th1 13th July 1995. ATTEST: Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: Ian Walker, Police Chief APPROVED AS TO FORM: u61nald G. Vandiver, First Assistant City Attorney i DGVkcdoosrjuvproc.ord E` June 14,1995 1� r i i r /mo i �vA9= A%=%v 011911 I 4 F;,,t Reay:. Council Date _ - Item No Second Reading Council Date 10 / 13 / 9'• 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 9:00 A.M. TO 2:30 P.M. ON SCHOOL DAYS; 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 of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 18-47 of the Code of Ordinances, City of Lubbock, 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 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. i SECTION 2. THAT Section 18-48 of the Code of Ordinances, City of Lubbock, Texas, is amended by adding thereto a new paragraph (8) which shall read as follows: (8) With respect to Paragraph 18-47(b) of this Chapter, it shall be an exception that the offense occurred during a scheduled school vacation or r 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 i 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. j SECTION 3. THAT 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. THAT Section 18-52 of the Code of Ordinances, City of Lubbock, Texas, shall be amended to read as follows: .i 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 i 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 14 of this Code. SECTION 5. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine in accordance with section 1-4 of the Code of Ordinances �j of the City of Lubbock, Texas. ` SECTION 6. THAT 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. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication i ± provided by law. - 2 - AND IT IS SO ORDERED. Passed by the City Council on first r 8th day of Passed by the City Council on sec d reading t Passed day VID R. L ATTEST: Betty MJohnson, City &cretary it APPROVED AS TO CONTENT: ---Ken Walker, Police Chief APPROVED -AS TO FORM: Assistant Ci—Attorney d Aug= 29. 1994 3 September 1994, 7Jctobe 1994 TON,