08-23-18-Ordinance-Continuing the Curfew Hours-08/20/2018AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CONTINUING IN EFFECT
CHAPTER 8, "OFFENSES AND NUISANCES" ARTICLE 8.600, SECTIONS 8.601
THROUGH 8.605, THE JUVENILE CURFEW ORDINANCE OF THE CITY OF
SANGER; PROVIDING FOR THE REVIEW OF THIS ORDINANCE WITHIN THREE
YEARS AND EVERY THIRD YEAR THEREAFTER, PROVIDING A REPEALING
CLAUSE; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council adopted a Juvenile Curfew ordinance; and
WHEREAS, the City Council has reviewed the ordinance and determined that it is in the
public interest to continue in effect,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
Section 1. That Article 8.600 of the Code of Ordinances shall continue in force and
effect, reading as follows:
8.600 Definitions
a. Curfew Hours
1. 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m.
of the following day; and
2. 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday
b. Emer encX
Shall mean: An unforeseen combination of circumstances or the resulting state that calls
for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an
automobile accident, or any situation requiring immediate action to prevent serious
bodily injury or loss of life.
c. Establishment
Shall mean: Any privately -owned place of business operated for a profit to which the
public is invited, including, but not limited to, any place of amusement or entertainment.
d. Guardian shall mean:
1. A person who, under court order, is the guardian of the person of a minor; or
20 A public or private agency with whom the minor has been placed by a court.
e. Minor shall mean:
Any person under 17 years of age.
f. Operator shall mean:
Any individual, firm, association, partnership, or corporation operating, managing, or
conducting any establishment. The term includes members or partners of an association
or partnership and the officers of a corporation.
g. Parent shall mean:
A person who is:
l . A natural parent, adoptive parent, or step-parent of another person; or
2. At least 18 years of age and authorized by a parent or guardian to have the care
and custody of a minor.
h. Public Place shall mean:
Any place in which the public or substantial group of the public has access and includes,
but is not limited to, streets, highways, and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities and shops.
i. Remain shall mean:
l . Linger or stay; or
2. Fail to leave premises when requested to do so by a police officer or the owner,
operator, or other person in control of the premises.
j. Serious Bodily InjurX shall mean:
Bodily injury that creates a substantial risk of death or that causes death, serious
permanent disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.
8.602 Offenses
a. Any minor commits an offense if he/she remains in any public place or on the premises
of any establishment within the City during curfew hours.
b. A parent or guardian of a minor commits an offense if he knowingly permits, or by
insufficient control allows, the minor to remain in any pubic place or on the premises of
any establishment within the City during curfew hours.
c. The owner, operator or any employee
knowingly allows a minor to remain
curfew hours.
8.603 Defenses
of an establishment commits an offense if he
upon the premises of the establishment during
a. It is a defense to prosecution under Section 8.602 that the minor was:
1. Accompanied by the minor's parent, guardian or adult spouse.
2. On an errand at the direction of the minor's parent or guardian without any detour
or stop.
3. In a motor vehicle involved in interstate travel.
4. Engaged in an employment activity, or going or returning home from an
employment activity without any detour or stop.
5. Involved in an emergency.
6. On the sidewalk abutting the minor's residence or abutting the residence of a next
door neighbor if the neighbor did not complain to the police department about the
minor's presence.
7. Attending an official school, religious or other recreational activity supervised by
adults sponsored by the City of Sanger, a civic organization, or another similar
entity that takes responsibility for the minor, or going to or returning home from,
without any detour or stop, an official school, religious or other recreational
activity supervised by adults and sponsored by the City of Sanger, a civic
organization or another similar entity that takes responsibility for the minor.
8. Exercising First Amendment rights protected by the United States Constitution,
such as the free exercise of religion, freedom of speech and the right of assembly'
9. A minor who has had disabilities of minority removed in accordance with Chapter
31 of the Texas Family Code.
b. It is a defense to prosecution under Section 8.602 ( c ) that the owner, operator or
employee of an establishment promptly notified the police department that a minor was
present on the premises of the establishment during curfew hours and refused to leave.
8.604 Enforcement
Before taking any enforcement action under this article, a police officer shall ask the apparent
offender's age and reason for being in the public place. The officer shall not issue a citation or
issue an arrest under this article unless the officer reasonably believes that an offense has
occurred and that, based on any response and other circumstances, no defense in Section 8.603 is
present.
8.605 Penalties
a. A person who violates a provision of this article is guilty of a separate offense for each
day or part of a day during which the violation is committed, continued or permitted.
Each offense upon conviction is punishable by a fine as set forth in the general penalty
provision found in Section 1.109 of this code.
b. When required by Section 51.08 of the Texas Family Code, as amended, the municipal
court shall waive original jurisdiction over a minor who violates Section 8.602(a) of this
article and shall refer the minor to juvenile court.
Section 2. All ordinances or parts of ordinances in conflict herewith or to the extent of
such conflict, hereby repealed.
Section 3. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable and, if any phrase,
clause, sentence, paragraph or section of the ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of the
ordinance since the same would have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
Section 4. This ordinance will take effect immediately from and after its passage, and
the publication of the caption, as the law and Charter in such cases provide.
PASSED AND APPROVED this 20t'' day of August, 2018 by the City Council of the City of
Sanger, Texas.
APPROVED:
Thomas E. Muir, Mayor
ATTEST:
/ EXAS
rice, City Secretary
r
3555 Duchess
P.O. Box 369
Denton, TX 76202
940-387-3811
Publication(s): Denton Record -Chronicle
PROOF OF PUBLICATION
Being duly sworn (s)he is the Publisher/authorized designee of
Denton Record -Chronicle, in City of Denton/surrounding areas in
Denton County; Newspaper of general circulation which has been
continuously and regularly published for a period of not less than
one year preceding the date of the attached notice, and that the
said notice was published in said newspaper Denton Record-Ch
ronicle on the following dates below:
08/12/2018
(signature of Authorized Designee)
Subscribed and sworn to before me
this }� day of by
�
Ito ►�
Priieman
(printed name of Designee)
Witness my hand and official seal:
(signature of notary public)
Notary Public, Denton County, Texas
PU,j! KAYCEE KEY
o�PryY
$ Notary Public
.: State of Texas
ID # 131297498
My Comm. Expires 09-28-2021
SANGER CITY OF
P O BOX 1729
SANGER, TX 76266
Ad Number: 0001696582-01 Price: $20.60
Ad Copy:
CdTY OF SANGER, TEXAS
NOTICE OF PUBLIC HEARING
Ndice is hereby giNen ifut a
pubic hearing wd be held by
the Cky Council un in the Cocil
Chtnbers at City Hai, 502 Elm
Slreel,Sanger Texas at70 Pit
on Monday August 20, 2018 tofn consider cofuing, aboirh-
ing ormodiWgfie Cky's
Juvenile Curfew Ordinance, co -
diced into the City ofSanger s
Code of Ordinance% Mile
8 600 JUVEII ILE CURFEW.
The meeting wA be he'd
tar the purpose of rece;�',ng
oommunky input AN interested
aiaens8e hereby nafifedof
Iheir rk it to appear and be
In on Ibis mailer.
Cheryl Price
City Secretary
d c S'12,2018