The attached may be helpful to all.
YOUTH CURFEW
CODE OF ORDINANCES City of SAN ANTONIO, TEXAS
Codified through Ordinance No. 88874, adopted November 19, 1998. (Supplement No. 42)
PART II CODE
Chapter 21 OFFENSES AND MISCELLANEOUS PROVISIONS*
ARTICLE V. YOUTH CURFEW*
ARTICLE V. YOUTH CURFEW*
*Editor's note--Ord. No. 74025, adopted July 25, 1991,
as amended, has been included herein at the discretion
of the editor as Art. V, §§ 21-121--21-125.
Sec. 21-121. Definitions.
[As used in this article the following words and terms shall have the meanings
respectively ascribed:]
(a) Minor shall mean any person under seventeen (17) years of age and over
nine (9) years of age.
(b) Parent shall mean a person who is the natural or adoptive parent of a
person. As used herein, "parent" shall also include a court appointed guardian
or other person eighteen (18) years of age or older, authorized by the parent,
by a court order, or by the court appointed guardian to have the care and
custody of a person.
(c) Guardian shall mean any person to whom custody of a minor has been
given by a court order.
(d) Emergency shall include but not be limited to fire, natural disaster,
an automobile accident, or obtaining immediate medical care for
another person.
(e) Public place means any place to which the public or a 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 building, transport facilities, and shops.
(Ord. No. 74025, § 1, 7-25-91; Ord. No. 76419, § 1, 9-3-92)
Sec. 21-122. Offenses.
(a) It shall be unlawful for a child to purposefully remain, walk, run,
stand, drive or ride about in or upon any public place in the City of
San Antonio between the hours of 10:30 p.m. and 6:00 a.m. on a Sunday,
Monday, Tuesday, Wednesday, or Thursday and between the hours of
12:00 a.m.(midnight) and 6:00 a.m. on Friday or Saturday.
(b) It shall be unlawful for a child to purposefully remain, walk, run,
stand, drive or ride about in or upon any public place in the City of
San Antonio between the hours of 9:00 a.m. and 2:30 p.m. on a Monday,
Tuesday, Wednesday, Thursday or Friday.
(c) It shall be unlawful for the parent having legal custody of a
minor to knowingly allow or permit the minor to be in violation
of the curfew imposed in sections 21-122(a) and 21-122(b).
(Ord. No. 74025, § 2, 7-25-91; Ord. No. 79327, § 1, 12-16-93;
Ord. No. 86567, § 1, 9-4-97)
Sec. 21-123. Defenses.
It is a defense to prosecution under section 21-122 of this article that:
(a) The minor was accompanied by his or her parent;
(b) The minor was accompanied by another adult approved by the parents;
(c) The minor was on emergency errand;
(d) The minor was attending a school, government sponsored, or religious
activity or is going to or coming from a school, religious, or government
sponsored activity without detour or stop.
(e) The minor was engaged in a lawful employment or volunteer work at a
recognized charity institution or is going to or coming from such activity
without detour or stop.
(f) The minor was on the sidewalk of the place where such minor resides
or on the sidewalk of a place where the minor has permission from his/her
parent or guardian to be or on the sidewalk of a next-door neighbor
not communicating an objection to the police officer;
(g) The minor was upon an errand directed by his or her parent;
(h) The minor was in a motor vehicle involved in intrastate or
interstate transportation or transportation for which passage through
the curfew area is the most direct route;
(i) The minor was exercising his or her First Amendment Rights
protected by the United States or Texas Constitution, including but
not limited to the free exercise of religion, freedom of speech,
and freedom of assembly;
(j) The minor was married or had been married or had disabilities
of minority removed in accordance with Chapter 31 of the
Texas Family Code.
(k) With respect to section 21-122(b) of this article, that the
offense occurred during the scheduled vacation of or on a holiday
observed by the school in which the minor is enrolled; or that
the minor has graduated from high school or received a high school
equivalency certificate; or that the minor has permission to be
absent from school or be in a public place from an authorized
school official.
In the case of a child being educated in a home school, a parent
shall be deemed a school official.
(Ord. No. 74025, § 3, 7-25-91; Ord. No. 76419, §§ 2--4, 9-3-92;
Ord. No. 79327, § 2, 12-16-93)
Sec. 21-124. Enforcement procedure.
(a) Any peace officer, upon finding a minor in violation of section 21-122 of the
San Antonio City Code, shall determine the name and address of the minor, and the
name and address of his or her parent(s) or guardian(s). A warning notice shall
be forwarded to the youth services division of the community initiatives department,
which shall send a letter to the parent(s) or guardian(s) of the minor
advising of the fact that the minor was found in violation of this Ordinance
No. 86567, and soliciting cooperation in the future.
(b) Provided, that if a police officer shall find a minor in violation of section
21-122 of the San Antonio City Code, who has once previously been so found, and
warned as in (a) above, the peace officer may transfer the case to proper
authorities for handling under the provisions of Title 3 of the Family Code.
In addition, a complaint will be filed against the parents in Municipal Court for
violation of City Code section 21-122(c). The police department shall file all
necessary legal papers, supply all necessary documentation, and provide necessary
testimony as required for pursuing violation of this article by either the minor
or by any parent or guardian. If a peace officer does not file such a compliant
against a minor who has once previously been found in violation of section 21-122
of the San Antonio City Code, and warned as in (a) above, the officer shall again
record the name and address of the minor and the name and address of his or her
parent(s) or guardian(s), the peace officer may issue a warning notice and direct
the minor to go home by the most direct route. A copy of the second warning shall
be forwarded to the youth services division of the community initiatives
department, which shall schedule a person to person conference with the parent(s)
or guardian(s) of the minor and the minor concerning this curfew ordinance and
the city's expectation and requirement for parental control.
(c) Any peace officer, upon finding a minor in violation of section 21-122 of
the San Antonio City code, who has previously been found in violation of an
issued warning as provided for in (a) above, shall transfer the case to proper
authorities for handling under the provisions of Title 3 of the Family Code.
In addition, a complaint will be filed against the parents in Municipal Court
for violation of section 21-122(b) hereof. The police department shall file
all necessary legal papers, supply all necessary documentation, and provide
necessary testimony as required for pursuing violation of this article by
either the minor or by any parent or guardian.
(Ord. No. 74025, § 4, 7-25-91; Ord. No. 86567, § 2, 9-4-97)
Sec. 21-125. Penalties.
(a) Any minor violating the provisions of this article shall be guilty of a
Class C misdemeanor as defined in the Texas Penal Code and shall be dealt
with in accordance with the provisions of Title 3 of the Texas Family Code.
(b) A parent of a minor violating this article shall be guilty of a misdemeanor,
which shall be punishable by a fine of not less than fifty dollars ($50.00)
nor more than five hundred dollars ($500.00).
(c) In assessing punishment for either a parent or a child, the municipal
court judges are encouraged to consider the community service program.
(Ord. No. 74025, § 5, 7-25-91)
Secs. 21-126--21-150. Reserved.
