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mimi312 - > No Snappy Blog Name Yet -> I Need To Know About A City Ordinance
I Need To Know About A City Ordinance

Well, this is my maiden blog.  But it's nothing earth shattering.  It's not about politics (exactly), or about how to save our environment. 

I'd like to know about an Ordinance in the City of Victoria.  If anyone out there knows the answer, or knows where I can find the answer, I'd really appreciate the help....

Here goes:  Is there a city-wide curfew in Victoria for minors?  If so, what is said curfew?  What is the penalty for violating said curfew?

Thanks in advance for your help.

Tags: Victoria, City Ordinance, Curfew, Minor
posted by mimi312 on Monday, July 7, 2008 at 08:40 PM
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posted by Rebecca on Jul 8, 2008 at 11:54 AM

ARTICLE III. JUVENILE CURFEW

Sec. 15-30. Definitions.
In this article:
Chief of police means the chief of police of the city or a designated representative.
Commercial 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.
Curfew hours mean:
(1) 12:01 a.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday until 6:00 a.m. of that same day; and
(2) 1:01 a.m. until 6:00 a.m. on any Saturday or Sunday; and
(3) 9:00 a.m. until 3:00 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday on days that the school in which the minor is enrolled is in session unless the minor has school permission to be off-campus.

Direct route means a path of travel through public places to reach a destination without any detour or stop along the way.
Emergency means, 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.
Holding location means a place designated by the chief of police to which a minor taken into custody for a violation of this section will be delivered to await pick up by a parent or juvenile authorities.
Minor means any person under seventeen (17) years of age.
Parent means a person who is:
(1) A natural or adoptive parent of another person;
(2) A court-appointed guardian of another person; or
(3) At least eighteen (18) years of age and authorized by a parent or court-appointed guardian to have the care and custody of another person.
Public place means any street, alley, highway, sidewalk, plaza, building, or other place used by or open to the public including, but not limited to, parking lots and other common areas adjacent to multifamily residential buildings and commercial establishments.
Remain means to:
(1) Linger or stay unnecessarily;
(2) Walk, run, idle, wander, stroll, or aimlessly drive or ride about in or upon any public place; or
(3) 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.
(Ord. No. 92-7, � 2, 3-3-92; Ord. No. 93-7, � 2, 4-20-93)

Sec. 15-31. Offenses.
(a) A minor commits an offense if he remains in any public place or on the premises of any commercial establishment within the city during curfew hours.
(b) A parent of a minor commits an offense if he knowingly permits, or by insufficient control allows, a minor to remain in any public place or on the premises of any commercial establishment within the city during curfew hours.
(Ord. No. 92-7, � 2, 3-3-92; Ord. No. 93-7, � 2, 4-20-93)

Sec. 15-32. Defenses.
It is a defense to prosecution under section 15-31 that the minor was:
(1) Accompanied by the minor's parent;
(2) On an errand at the direction of the minor's parent and was using a direct route;
(3) In a motor vehicle involved in interstate travel;
(4) Going to or home from a place of employment or engaged in a lawful employment activity, including but not limited to, newspaper delivery, and was using a direct route;
(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 officer about the minor's presence;
(7) Attending an official school, civic, religious or charitable activity or returning home by a direct route from an official school, civic, religious or charitable activity;
(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, and exercising rights protected by the Texas Constitution;
(9) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; or
(10) Acting at the direction of a peace officer.

(Ord. No. 92-7, � 2, 3-3-92; Ord. No. 93-7, � 2, 4-20-93)

Sec. 15-33. Enforcement.
(a) A police officer, upon finding a minor in violation of subsection 15-31(a), shall:
(1) Ascertain the name and address of the minor;
(2) Ascertain the name and address of the minor's parent(s);
(3) Ask the minor's reason for being in a public place, and determine if a defense to prosecution pursuant to this article applies;
(4) If the officer reasonably believes the minor is violating subsection 15-31(a) and that no defense described in Section 15-32 is present, issue to the minor a municipal court misdemeanor citation for a violation of said subsection;
(5) Order the minor to go promptly home by a direct route; and
(6) Submit a copy of the citation to the Victoria Police Department which shall send a letter to the parent of the minor advising of the fact that the minor was charged with a violation of this article by issuance of a municipal court misdemeanor citation, soliciting cooperation in the future, and including a warning that any subsequent violation will possibly result in prosecution of the parent under subsection 15-31(b).
(b) After following the procedures described in (a)(1) through (a)(3), the officer may take the minor into custody and deliver the minor to a holding location if the officer reasonably believes that the minor is in violation of subsection 15-31(a), that no defense described in Section 15-32 is present, and:
(1) The minor has received a municipal court misdemeanor citation for a violation of subsection 15-31(a) of this article on more than one (1) previous occasion, or
(2) Reasonable grounds exist to believe the minor has engaged in delinquent conduct or conduct indicating a need for supervision in accordance with sections 51.03 and 52.01 of the Texas Family Code.
(c) When a minor is taken into custody under subsection (c) this section, the police department shall immediately notify a parent to pick up the minor at the holding location. After a parent arrives at a holding location and provides the information required by the chief of police to file an incident report. If the officer reasonably believes the parent has violated subsection 15-31(b) and that no defense described in section 15-32, the police officer may in his or her discretion issue to the parent a municipalcourt misdemeanor citation for a violation of subsection 15-31(b).
(Ord. No. 92-7, � 2, 3-3-92; Ord. No. 93-7, � 2, 4-20-93; Ord. No. 2004-3, � 2, 3-2-04)

Sec. 15-34. Penalties.
(a) Any minor who violates subsection 15-31(a) of this article three (3) or more times within any twenty-four-month period is subject to appropriate action by a juvenile court in accordance with Chapters 51 and 52 of the Texas Family Code.
(b) A minor or a parent of a minor who violates subsection 15-31(a) or 15-31(b) of this article is, upon conviction, punishable by a fine not to exceed five hundred dollars ($500.00).
(Ord. No. 92-7, � 2, 3-3-92; Ord. No. 93-7, � 2, 4-20-93)
Secs. 15-35--15-39. Reserved.

My children are not in school during daytime curfew hours so we have wondered about this ordinance as they attend extra curricular activities, work, and even play outside...  Just so they don't get to work via skateboard, roller blades, or scooter.  LOL

posted by dtewes on Jul 8, 2008 at 08:02 AM
   If you type "curfew" in the search box, it will bring up Sec. 15-30. That should bring up the information you need.
posted by victoriaconcernedcitizen on Jul 8, 2008 at 07:50 AM

Check here and you will find all of the information you seek on this topic:

 

http://www.municode.com/res...

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