Ordinance 1995-03
CITY OF WYLIE, TEXAS
ORDINANCE NO. t1~-~
AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS AND
AMENDING CHAPTER 7, SECTIONS 4.03, 4.04 AND 4.05, CITY OF
WYLIE'S CODE OF ORDINANCES; CREATING OFFENSES FOR
MINORS, PARENTS, GUARDIANS OF MINORS AND BUSINESS
ESTABLISHMENTS FOR VIOLATING CURFEW REGULATIONS;
DEFINING TERMS AND PROVIDING DEFENSES; PROVIDING FOR
ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING
FOR WAIVER OF JURISDICTION BY THE COURT WHEN
REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING
FOR REVIEW OF THIS ORDINANCE WITHIN SIX MONTHS AFTER
THE DATE OF INITIAL ENFORCEMENT; PROVIDING A PENALTY
NOT TO EXCEED $500; PROVIDING FOR SAVING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
determined that there has been an increase in juvenile violence, juvenile gang activity,
and crime by persons under the age of 17 in the City of Wylie, Texas ("Wylie"); and
WHEREAS, persons under the age of 17 are particularly susceptible by their lack
of maturity and experience to participate in unlawful and gang-related activities and to
be victims of older perpetrators of crime; and
WHEREAS, Wylie has an obligation to provide for the protection of minors from
each other and from other person, for the enforcement of parental control over and
responsibility for children, for the protection of the general public, and for the reduction
of incidence of juvenile criminal activities; and
WHEREAS, a curfew for those under the age of 17 will be in the interest of the
public health, safety, and general welfare and will help to attain the foregoing objectives
and to diminish the undesirable impact of such conduct on the citizens of Wylie;
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: That Chapter 7, Sections 4.03, 4.04 and 4.05 "Contributing to
Neglect or Delinquency of Children; Curfew for Minors," of Wylie's Code of Ordinances,
is amended to read as follows:
"SEe. 4.03. CURFEW HOURS FOR MINORS.
(A) Definitions.
-
(1) CURFEW HOURS means:
(a) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or
Thursday until 6:00 a.m. of the following day; and
(b) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
(2) EMERGENCY means 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, or
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 puhlic 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 partners of an association or
partnership and the officers of a corporation.
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(7) PARENT means a person who is:
(a) a natural parent, adoptive parent, or step-parent of another
person; or
(b) at least 18 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 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 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, operator, 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 the function of
any bodily member or organ.
(8) Offenses.
(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 or guardian of a minor commits an offense if he knowingly
permits, 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 upon the
premises of the establishment during curfew hours.
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( C) Defenses.
(1) It is a defense to prosecution under Subsection (b) that the minor was:
( a) accompanied by the minor's parent or guardian;
(b) on an errand at the direction of the minor's parent 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 police department about the minor's
presence;
(g) attending an official school, religious, or other recreational
activity supervised by adults and sponsored by Wylie, 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 Wylie, 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 police department that a minor was present on the premises of
the establishment during curfew hours and refused to leave.
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(D) Enforcement.
Before taking any enforcement action under this section, 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 make an arrest under this section unless the officer reasonably
believes that an offense has occurred and that, based on any response and other
circumstances, no defense in Subsection (c) is present.
(E) Penalties.
(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.
(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 (h)( 1) of this section and shall refer
the minor to the appropriate court.
SECTION 2: That Chapter 7, Sections 4.04 and 4.05 of Wylie's Code of
Ordinances, passed by the City Council on December 10, 1991, are hereby repealed.
SECTION 3: That within six months after the initial enforcement of this
Ordinance, the City Manager, or his designated representative, shall review this
Ordinance and report and make recommendations to the City Council concerning the
effectiveness of and the continuing need for the Ordinance. This report shall specifically
include the following information:
A. the practicality of enforcing the Ordinance and any problems with
enforcement identified hy the police department;
B. the impact of the Ordinance on crime statistics;
e. the number of persons successfully prosecuted for a violation of the
Ordinance; and
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D. the City's net cost of enforcing the Ordinance.
SECTION 4: That Chapter 7 of Wylie's Code of Ordinances, and as amended,
shall remain in full force and effect, save and except as amended by this Ordinance.
SECTION 5: That the terms and provisions of this Ordinance are severable and
are governed by Ordinance No. 91-24, an "Ordinance Adopting Code of Ordinances," and
as may be amended.
SECTION 6: That this Ordinance shall take effect immediately from and after its
passage and publication in accordance with the provisions of the Home Rule Charter of
the City of Wylie, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this cJ8tL
1995.
ATTEST:
APPROVED AS TO FORM:
D. KAY WOODS
City Attorney
DATE OF PUBLICATION IN THE WYLIE NEWS:
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Public Notices
PUBLIC HEARING NOTICE
The Planning and Zoning Commis-
sion of the City of Wylie, Texas,
will hold a Public Hearing on Mon-
day, May 15, 1995 at 6:30 p.m. and
the City Council will hold a public
hearing on Tuesday, May 23, 1995
at 7:00 p.m. in the City Council
Chambers in the Wylie Municipal
Complex located at 2000 Highway
78 North, to consider approval of a
request from F.M. 3412, Inc. for a
zone change from "SF-3" to "PD"
for a tract of land (8.28 acres) to be
platted as Westgate Phase II, south
of Westgate Phase I and north of the
S1. Louis Southwestern Railroad,
and further described as follows:
Abstract 266, E.C. Davidson Sur-
vey, Blocks 10 and 11.
48-2t-c.
BID - CUSTODIAL &
SCHOOL SUPPLIES
The Wylie Independent School Dis-
trict is accepting bids until 2:00
p.m., Monday, June 05, 1995, as per
specification available in the Busi-
ness Office, 951 South Ballard
Street, Wylie, Texas 75098, (214)
442-5444.
John H. Simmons
Business Manager 48-2t-c.
NOTICE TO BIDDERS
Sealed proposals addressed to the
President and Board of Directors of
the North Texas Municipal Water
District (( cNner) will be received at
the office~of the Executive Direc-
tor, 505 Br )wn Street, Wylie, Texas
until 2:00 P.!yl. on May 16, 1995 for
furnishing alll necessary material,
equipment ar.<1 labor required for
the construc6\1n of the following
project: '
." . ~,
SOUTHSI1?,."; W ASTEW A TER
Wednesday, May 10, 1995- THE WYLIE NEWS - Section B - Page 9
. .
Public Notices
Executive Director and may be
obtained from Freeman - Millican,
Inc. Consulting Engineers, 12001
North Central Expressway, Suite
390, Dallas, Texas 75243, (Phone
214-991-1901) for fifty ($50.00)
dollars.
North Texas Municipal
Water District
Jack McJunkin, President
Board of Directors 48-2t-c.
ORDINANCE NO. 377
AN ORDINANCE OF THE CITY
OF MURPHY, TEXAS, RATIFY-
ING THE TEXAS STATEWIDE
VOLUNTEER FIRE FIGHTERS'
RETIREMENT FUND CON-
TRACT WITH THE MURPHY
VOLUNTEER FIRE DEPART-
MENT; AND PROVIDING AN
EFFECTIVE DATE.
The above ordinance was passed by
the Murphy City Council on May 1,
1995. A copy of this ordinance may
be read or purchased in the office of
the City Secretary.
Approved: Reginald W. George,
Mayor
Attest: Linda B. Marley,
City Secretary
Linda B. Marley
City Secretary
49-lt-c.
ORDINANCE NO. 95-2
AN ORDINANCE ESTABLISH-
ING A CURFEW FOR MINORS
AND AMENDING CHAPTER 7,
SECTIONS 4.03, 4.04 AND 4.05,
CITY OF WYLIE'S CODE OF
Public Notices
ORDINANCES; CREATING
OFFENSES FOR MINORS, PAR-
ENTS, GUARDIANS OF
MINORS AND BUSINESS
EST ABLlSHMENTS FOR VIO-
LA TING CURFEW REGULA-
TIONS; DEFINING TERMS AND
PROVIDING DEFENSES; PRO-
VIDING FOR ENFORCEMENT
BY THE POLICE DEPART-
MENT; PROVIDING FOR W AIV-
ER OF JURISDICTION BY THE
COURT WHEN REQUIRED
UNDER THE TEXAS FAMILY
CODE; PROVIDING FOR
REVIEW OF THIS ORDINANCE
WITHIN SIX MONTHS AFTER
THE DATE OF INITIAL
ENFORCEMENT; PROVIDING A
PENALTY NOT TO EXCEED
$500; PROVIDING FOR SAVING
AND SEVERABILITY CLAUS-
ES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING
FOR THE PUBLICATION HERE-
OF.
CITY OF WYLIE
Mary Nichols, City Secretary
49-1 t-c.
ORDINANCE NO. 95-3
AN ORDINANCE ESTABLISH-
ING A CURFEW FOR MINORS
AND AMENDING CHAPTER 7,
SECTIONS 4.03, 4.04 AND 4.05,
CITY OF WYLIE'S CODE OF
ORDINANCES; CREATING
OFFENSES FOR MINORS, PAR-
ENTS, GUARDIANS OF
MINORS AND BUSINESS
ESTABLISHMENTS FOR VIO-
LA TING CURFEW REGULA-
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