Ordinance 1979-23
ORDINANCE # 79-23
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS TO DECLARE
AN EMERGENCY AND A NECESSITY OF THIS ORDINANCE OF
PARENTAL RESPONSIBILITY FOR THE CONDUCT OF MINOR
CHILDREN AND TO PRESCRIBE PENALTIES FOR VIOLATIONS
OF THE PROVISIONS OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1. Finding of Necessity:
The City Council finds that offenses against the laws of the
United States, the statutes of the State of Texas, and the Ordin-
ances of the City of Wylie by minors under the age of seventeen
(17) years are increasing at a substantial rate; that in a great
many of the cases, a lack of proper supervision and control of
the minor child by his parents or guardian is evident; that the
increasing problem of criminal offenses by children will not be
solved by sanctions imposed upon the children alone, but that it
IS necessary that sanctions be imposed upon parents whose neglect
of their duty to properly supervise and control their children IS
a proximate cause of the delinquency of those children.
SECTION 2. Contributing to Neglect or Delinquency of Children.
Any parent, legal guardian, or other person having the care
or custody of a minor child under the age of seventeen (17) years
who shall by any act, or by lack of supervision and control over
said minor child, encourage, contribute toward, cause or tend to
cause said minor child to commit any delinquent or criminal act
shall be guilty of a misdemeanor.
SECTION 3. Curfew for Children Under 12 years of age.
No minor under the age of 12 years shall loiter, idle, or
congregate in or on any public street, highway, alley, park,
school, or any other public place, or the place normally open to
the public, including but not limited to shopping centers, places
of amusement, private recreation areas, or similar places, between
the hours of 10:00 o'clock p.m. and 6:00 o'clock a.m., unless the
mInor IS accompanied by a parent or guardian, or some adult dele-
gated by the parent or guardian to accompany the child.
SECTION 4. Curfew for Children Between 12 and Through 16 Years Old.
No minor between the ages of 12 and through 16 years of age
shall loiter, idle or congregate in or on any public street, high-
way, alley, park, school, or other public place, or other place
normally open to the public, including but not limited to shopping
centers, places of amusement, private recreation areas or similar
places, between the hours of 12:00 o'clock midnight and 6:00 o'clock
a.m., unless the minor is accompanied by a parent or guardian, or
some adult over the age of 21 years delegated by the parent or
guardian to accompany the minor child or where the minor child is
upon an errand or other 1egimitate business directed by his parent
or guardian.
SECTION 5. Violation of Curfew Hours.
Any parent, legal guardian or other person having the care or
custody of any minor child under the age of seventeen (17) years
who shall assist, aid, abet, allow, permit, or encourage said minor
to violate the provisions of Section 3 or 4 of this ordinance,
either by overt act, by failing to act or by lack of supervision
and control over said minor, is guilty of a misdemeanor. The fact
that a child under twelve (12) years or under the age of seventeen
(17) years is apprehended while on the public street, highway, alley,
park, school, or other public place, or other place normally open
to the public during the hours defined in above Sections 3 & 4,
shall be prima facie evidence of a violation of this section on the
part of the parents, legal guardian, or other person having the
care or custody of said minor child.
SECTION 6. Penalty.
Any person found guilty of a misdemeanor under the terms of
this ordinance shall, upon conviction thereof, be subject to a fine
of not more than Two Hundred Dollars ($200.00).
SECTION 7. Severability.
If any section, sentence, clause or phrase of this ordinance
IS for any reason held to be unconstitutional or otherwise invalid
or unenforceable by a court of competent jurisdiction, such de-
cision shall not affect the validity of the remaining sections,
sentences, clauses, or phrases of this ordinance or the ordinance
as an entirety, it being the legislative intent that the provisions
of this ordinance are separable and that the ordinance shall con-
tinue in effect not withstanding the invalidity of such section,
sentence, clause or phrase.
SECTION 8. Enactment Clause Effective Date.
This Ordinance is deemed to be necessary for the preservation of
the public peace, property, health and safety of the public and it
is deemed an emergency ordinance and shall be given immediate ef-
fect upon final passage and proper publication.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
ON THE 9th DAY OF October , 1979.
ATTEST:
~zI~
, hn W. Akin, Mayor