Ordinance 2017-09 ORDINANCE NO. 2017-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ESTABLISHING A CURFEW FOR MINORS IN THE CITY OF
WYLIE; CREATING OFFENSES FOR MINORS,PARENTS,GUARDIANS
OF MINORS AND BUSINESS ESTABLISHMENTS FOR VIOLATING
CURFEW REGULATIONS; DEFINING TERMS AND PROVIDING FOR
DEFENSES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
WAIVER OF JURISDICTION BY THE COURT WHEN REQUIRED UNDER
THE TEXAS FAMILY CODE; PROVIDING FOR REVIEW OF THIS
ORDINANCE;PROVIDING A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION THEREOF.
WHEREAS,the City Council of the City of Wylie,Texas("City Council")has investigated
and determined that there is a continued presence of juvenile violence,juvenile gang activity and
crime by persons under the age of seventeen(17) in the City of Wylie, Texas ("Wylie"); and
WHEREAS,the City Council has further investigated and determined that persons under the
age of seventeen (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 previously enacted Ordinance No.2005-08("Curfew Ordinance"),under
which citations have been issued to minors in violation of the Curfew Ordinance,and such Curfew
Ordinance has expired; and
WHEREAS, the City Council, on behalf of Wylie and its citizens, has an obligation to
provide for the protection of minors from each other and from other persons;for the enforcement of
parental control over and responsibility for children;for the protection of the general public;and for
the reduction of the incidence of juvenile criminal activities; and
WHEREAS, the City Council has further investigated and determined that its goals in
enacting this Ordinance include, but are not limited to, the following: (1) reducing the number of
juvenile crime victims;(2)reducing injury accidents involving juveniles;(3)reducing the time and
resources required to address juvenile crime activities and accidents; (4)providing tools to address
gang activity; (5) reducing juvenile peer pressure to stay out late; and (6) assisting parents in the
control of their children; and
WHEREAS, the City Council has further investigated and determined that it is in the best
interests of Wylie and its citizens to re-establish a curfew for those under the age of seventeen(17),
as set forth below, which will promote public health, safety and general welfare; help attain the
foregoing objectives;and diminish the undesirable impact of such conduct on the citizens of Wylie.
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2100606
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE,TEXAS:
SECTION 1: FINDINGS INCORPORA l'ED. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2: DEFINITIONS.
2.1 For the purposes of this Ordinance, when not inconsistent with the context, words
used in the present tense include the future tense,words in the plural include the singular,and words
in the singular include the plural, and the use of any gender shall be applicable to all genders
whenever the sense requires. Words not defined in this Section shall be given their common and
ordinary meaning.
2.2 For the purposes of this Ordinance, the following words, terms, phrases and their
derivations shall have the meaning given in this Section 2.2:
(A) CURFEW HOURS means:
(1) 11:00 p.m. on any 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 Friday or Saturday.
(B) 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, an automobile accident or any situation
requiring immediate action to prevent serious bodily injury or loss of life.
(C) 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.
(D) GUARDIAN means:
(1) a person who, under court order, is the guardian of the person of a
minor; or
(2) a public or private agency with whom a minor has been placed by a
court.
(E) MINOR means any person under seventeen(17)years of age.
(F) 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 and directors of a corporation.
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(G) PARENT means a person who is:
(1) a natural parent,adoptive parent or step-parent of another person;or
(2) at least eighteen (18) years of age and authorized by a parent,
guardian, court order, or by the court, or by a court-appointed
guardian to have the care and custody of a minor.
(H) 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.
(I) REMAIN means to:
(1) linger, stay, walk,run, stand, drive or ride; 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 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.
SECTION 3: OFFENSES.
3.1 A minor commits an offense if he remains in any public place or on the premises of
any establishment within Wylie during curfew hours.
3.2 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 Wylie during curfew hours.
3.3 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.
SECTION 4: DEFENSES.
4.1 It is a defense toP rosecution under Section 3 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;
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(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,the Wylie Independent School
District,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 or 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, as amended.
4.2 It is a defense to prosecution under Subsection 3.3 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.
SECTION 5: ENFORCEMENT. Before taking any enforcement action under this Section,a
peace 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 Section 4 is present.
SECTION 6: PENALTIES.
6.1 Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and
upon conviction therefore, shall be fined a sum not exceeding Five Hundred and No/100 Dollars
($500.00). Each and every day that such violation continues shall be considered a separate offense.
Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law.
6.2 When required by Section 51.08 of the Texas Family Code, as amended, the court
shall waive original jurisdiction over a person who violates Section 3 and shall refer the person to the
appropriate court. I
I
SECTION 7: REVIEW OF ORDINANCE. Before the third anniversary of the date of the
adoption of this Ordinance,and every third year thereafter,the City Council shall:
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2100606
(A) review the effects of the Ordinance on the community and on problems the
Ordinance was intended to remedy;
(B) conduct at least two public hearings on the need to continue the Ordinance;
and
(C) abolish, continue or modify the Ordinance.
The failure of the City Council to act in accordance with this Section shall cause this Ordinance to
expire without further action by the City Council.
SECTION 8: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal
shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 9: SEVERABILITY. Should any section,subsection,sentence,clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The City Council hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 10: EFFECTIVE DATE. This Ordinance shall become effective from and after
its adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS on this 28th day of February,2017.
V1,�L--eolx
Eric Y4ogue, Mayc�j
ATTEST:
Carole Ehrlich' Ci Secretary 1i " •�`� :
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GV ZS61`E RA��4Y
Date of Publication:March 8,2017 in
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Ordinance No.2017-09
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afarittcrSUiite Xime5 • Murphy Monitor • The Princeton Herald • 7le5achse News • THE WYLIE NEWS
media
STATE OF TEXAS
COUNTY OF COLLIN
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Before me,the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinances 2017-08 and 2017-09
was published in said newspaper on the following date(s), to-wit:
March 8,2017
Chad Engbrock, Publisher
Subscribed and sworn before me on this,the / 2-- day of ,4 017
to certify which witness my hand and seal of office.
j/'
.�`�`Parp,,,� SONIA A. DUGGAN 'l
:11: '��Notary Public,State of Texas Notary Public in anR
Comm.Expires 08-18-2020 The State of Texas
"ZIP.
�iNIn*'��� Notary ID 130783749
My commission expires gie
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Murphy/Sachse/Wylie Office• 110 N.Ballard•P.O.Box 369•Wylie.TX 75098.972-412-5515•fax 972-4424318
FarmcrsvillelPrinceton Office•101 S.Main•P.O.Box 512•FarmersviIle,TX 75442•972-784-6397•fax 972-782-7023
A
4C March 8-9, 2017
Ordinance
No.2017-09
An ordinance of the
4 Ordinance city council of the.city. of Wylie,Texas,estab- ,
lishing a curfew for
A Municipal Setting minors in the city of
li
Designation Ordinance Wylie; creating offens- ,
of the city of Wylie, es for minors, parents,
Texas, prohibiting the guardians of minors
use of groundwater and business estab-
from beneath property I lishments for violating
generally located north curfew regulations;
of FM 544 and east of j defining terms and pro-
Commerce Street, and viding for defenses;
more- specifically be- providing for enforce-
ing 605 Commerce ment; providing for
Street of the EC Da- waiver of jurisdiction
vidson Survey; tract by the court when re-
54, abstract a0266, quired under the Texas
EC Davidson Survey; family code; providing
900a W.Kirby;900 W. for review of this ordi-
Kirby; 908 W Kirby of nance;providing a pen-
the Wallace Industrial alty for the violation of
Park; providing a pen- this ordinance; provid-
ing for repealing, sav-
alty clause, savings/
repealing clause, sev- ings and severability
erability clause and an clauses; providing for
effective date. an effective date of this!
ordinance; and, provid-
ing for the publication
pf the caption thereof.
I 44-1t-671