HomeMy WebLinkAboutResolution - 2016-R0296 - Continuing Juvenile Curfew Ordinance - 08/25/2016Resolution No.2016-R0296
Item No.7.8
August 25,2016
RESOLUTION
WHEREAS,Section 370.002 of the Texas Local Government Code and Section
14.03.038 of the Lubbock Code of Ordinances requires the City of Lubbock to review its
juvenile curfew ordinance every third year prior to October 30, the day of initial passage
of such ordinance;and
WHEREAS,the City Council is required to review the ordinance's effects on the
community and on the problems the ordinance was intended to remedy, conduct public
hearings on the ordinance, and either abolish,take action to continue, or modify the
ordinance as it sees fit;NOW THEREFORE,
BE 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
City's juvenile curfew ordinance and program,and having conducted public hearings as
required by Section 370.002 of the Texas Local Government Code and Section 14.03.038
of the Lubbock Code of Ordinances, finds that the City of Lubbock Juvenile Curfew
Ordinance shall be [ ]abolished |C j continued [ ]modified,(check only one.)
SECTION 2.THAT the Police Chief is hereby authorized and directed to take
whatever actions are necessary to comply with the City Council's decision expressed
herein with regard to the City of Lubbock's juvenile curfew ordinance and program.
Passed by the City Council this August 25
ATTEST:
^£^.^
Rebecca Garza,City Secretary
APPROVED AS TO CONTEN'I
Greg^te^^TPolice Chief
APPROVED AS TO FORftl:
DANIEL M.POPE.MAYOR
.2016.
Resolution No. 2016-RO296
LOCAL GOVERNMENT CODE
TITLE 11. PUBLIC SAFETY
SUBTITLE C. PUBLIC SAFETY PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL
GOVERNMENT
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND COUNTY HEALTH
AND PUBLIC SAFETY
Sec. 370.002. REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE. (a)
Before the third anniversary of the date of adoption of a juvenile curfew
ordinance by a general -law municipality or a home -rule municipality or an
order of a county commissioners court, and every third year thereafter, the
governing body of the general -law municipality or home -rule municipality or
the commissioners court of the county shall:
(1) review the ordinance or order's effects on the community
and on problems the ordinance or order was intended to remedy;
(2) conduct public hearings on the need to continue the
ordinance or order; and
(3) abolish, continue, or modify the ordinance or order.
(b) Failure to act in accordance with Subsections (a)(1)-(3) shall
cause the ordinance or order to expire.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 96, eff. May 31, 1995.
Sec. 370.003. MUNICIPAL OR COUNTY POLICY REGARDING ENFORCEMENT OF
DRUG LAWS. The governing body of a municipality, the commissioners court of
a county, or a sheriff, municipal police department, municipal attorney,
county attorney, district attorney, or criminal district attorney may not
adopt a policy under which the entity will not fully enforce laws relating to
drugs, including Chapters 481 and 483, Health and Safety Code, and federal
law.
Added by Acts 1997, 75th Leg., ch. 971, Sec. 1, eff. Sept. 1, 1997.
City of
Lub o ck
TEXAS
DATE 07/19/2016
TO Gregory Stevens, Chief
FROM John Hayes, Lieutenant
SUBJECT Juvenile Curfew Ordinance
The City of Lubbock Juvenile Curfew ordinance is an invaluable tool for local law enforcement.
This tool is used to reduce school truancy and possible criminal activity. This tool is not only
utilized by our department, but also by the Lubbock Independent School District (LISD) Police
Department, Frenship and Lubbock Cooper Independent School District Police Departments and
other law enforcement agencies with jurisdiction within the city limits of Lubbock. Also, this
ordinance has increased citizen awareness of juvenile offenses and the need to monitor offender
activity through aggressive intervention and enforcement.
A recent review of the ordinance and enforcement effectiveness, for January I ", 2013 through
June 30`h, 2016, indicated law enforcement issued 907 juvenile curfew citations. A majority of
these citations were issued by the LISD Police Department. However, our operations are greatly
enhanced by the remedy the ordinance provides an officer while dealing with a juvenile offender.
The 907 citations issued is a prime indicator of the impact this ordinance can have on our
reported crime. Arrest data on crimes commonly committed by juvenile offenders for January
1s`, 2013 — June 301h, 2016, shows the activity is still ongoing:
2013 2014 2015 2016
Criminal Mischief 59 Criminal Mischief 59 Criminal Mischief 88 Criminal Mischief 26
Thefts 307 Thefts 251 Thefts 245 Thefts 140
Drugs 29 Drugs 69 Drugs 106 Drugs 81
Therefore, the aggressive enforcement of this ordinance will continue to enhance our ability to
investigate and proactively address these crimes.
In addition, this ordinance compels parental accountability for their children's actions through
mandated court appearances and task completion. Initially, most violators are required to pay
court fees and perform pre -determined community service assessed by the Municipal Court
Juvenile Judge. With this ordinance in place, Municipal Court will continue to have leverage on
parental accountability through a fine structure for those offenders failing to complete their
mandated service hours of for habitually violating the ordinance.
GPers Crimes Ju% mle Cork,. Rmev. Nemo.&m
Article 14.03 Minors
Division 2. Curfew'
See.14.03.031 Established
(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 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 between the
hours of 9:00 a.m. and 2:30 p.m. on a school day.
(1983 Code, sec. 18-47; Ordinance 2004-00114, sec. 1, adopted 10/11/2004; Ordinance 2012-
00084, sec. 1, adopted 8/23/2012)
See.14.03.032 Exceptions
(a) Numerous exceptions will be provided in this section 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. 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:
(1) When the juvenile is accompanied by his parent, legal guardian or authorized
adult supervisor.
(2) 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 pursuant
to article 20.10 of this code, or other bona fide religious, social or school activities
involving the right to assemble.
(3) 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.
(4) 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 neighbor does not object
to such presence.
(5) When the juvenile is engaged in employment activities, such as, but not
restricted to, newspaper delivery.
(b) All of the above cited exceptions to this division 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.
(c) Each of the foregoing exceptions is 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.
(d) With respect to section 14.03.031(b) of this division, 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.]
(1983 Code, sec. 18-48; Ordinance 2004-00114, sec. 1, adopted 10/11/2004; Ordinance 2012-
00084, sec. 1, adopted 8/23/2012)
Sec. 14.03.033 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. (1983
Code, sec. 18-49; Ordinance 2004-00114, sec. 1, adopted 10/11/2004; Ordinance 2012-00084,
sec. 1, adopted 8/23/2012)
Sec. 14.03.034 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.
(1983 Code, sec. 18-50; Ordinance 2004-00114, sec. 1, adopted 10/11/2004; Ordinance 2012-
00084, sec. 1, adopted 8/23/2012)
Sec.14.03.035 Police procedures
(a) A city 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 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.
(1983 Code, sec. 18-51; Ordinance 2004-00114, sec. 1, adopted 10/11/2004; Ordinance 2012-
00084, sec. 1, adopted 8/23/2012)
Sec.14.03.036 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 juvenile, parent, or business
establishment owner or operator, shall be deemed a misdemeanor punishable in accordance with
section 1.01.004 of this code. (1983 Code, sec. 18-52; Ordinance 2004-00114, sec. 1, adopted
10/11/2004; Ordinance 2012-00084, sec. 1, adopted 8/23/2012)
Sec.14.03.037 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 the Texas Constitution or the
Constitution of the United States of America. (1983 Code, sec. 18-53; Ordinance 2004-00114,
sec. 1, adopted 10/11/2004; Ordinance 2012-00084, sec. 1, adopted 8/23/2012)
Sec. 14.03.038 Continuing evaluation
Ordinance 2004-00114, which is codified as this division, 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
this division, and the city council shall have the option to continue, abolish or modify this
division based upon their review of this division's effects on the community and on the problems
this division is intended to remedy. (1983 Code, sec. 18-54; Ordinance 2004-00114, sec. 1,
adopted 10/11/2004; Ordinance 2012-00084, sec. 1, adopted 8/23/2012)