SECTION 1. CURFEW HOURS FOR MINORS.
(a) Definition. In this section:
(1) CURFEW HOURS means:
12:01 a.m. until 6:00 a.m
(2) EMERGENCY means, and unforeseen combination of circumstances or the resulting state that calls 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.
(3) ESTABLISHMENT means 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.
(4) GUARDIAN means:
(A) a person who, under court order, is the guardian of the person of a minor; or
(B) a public or private agency with whom a minor has been placed by a court.
(5) MINOR means any person under 17 years of age.
(6) OPERATOR means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partner of an association or partnership and the officers of a corporation.
(7) PARENT means a person who is:
(A) a natural parent, adoptive parent, or step-parent of another person;or
(B) at least 21 years of age and authorized by a parent or guardian to have the care and custody of a minor.
(8) PUBLIC PLACE means any place to 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.
(9) REMAIN means to:
(A) linger or stay; or
(B) fail to leave premises when requested to do so by a police officer or the owner, operators or other person in control of the premises.
(10) SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of function of any bodily member or organ.
(1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) A parent of a minor commits an offense if he knowingly permit, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(1) It is a defense to prosecution under Subsection (b) that the minor was:
(A) accompanied by the minor's parents or guardian;
(B) on an errand at the direction of the minor's parents or guardian, without any detour or stop;
(c ) In a motor vehicle involved in interstate travel;
(D) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(E) involved in an emergency
(F) 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 City's Ordinance Enforcement Officer about the minor's presence;
(G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Bronte, 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 Bronte, a civic organization, or another similar entity that takes responsibility for the minor;
(H) 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; or
(I) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code.
(2) It is a defense to prosecution under Subsection (b)(3) that the owner, operator, or employee of an establishment promptly notified the City's Ordinance Officer that a minor was present on the premises of the establishment during curfew hours and refused to leave.
Before taking any enforcement action under this section, the City's Ordinance Enforcement Officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest and that, based on any response and other circumstances, no defense in Subsection © is present.
(1) A person who violates a provision of this chapter 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 not to exceed $500.00.
(2) 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 Subsection (b)
(1) of the section and shall refer the minor to juvenile court.
SECTION 2. SEVERABILITY.
It is hereby to be the intention of the City Council that if any of the sections, paragraphs, sentences, clauses and phrases of this ordinance shall be declared unconstitutional or otherwise illegal by the valid judgment or decree of any court of competent jurisdiction, such event shall not affect any of the remaining phrases, clauses, sentences, paragraph or section.