Rio Grande Herald (Rio Grande City, Tex.), Vol. 83, No. 13, Ed. 1 Thursday, March 28, 1996 Page: 8 of 10
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RIO GRANDE HERALD-Thursday, March 28, 1996, Page 8
You are hereby notified that the Board of Aldermen of the City
of Rio Grande City, Starr County, Texas at a special meeting
held on March 26, 1996, adopted the following ordinance:
ORDINANCE 96-12
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF RIO GRANDE CITY, TEXAS CHAP-
TER 9 PUBLIC PEACE AND CONDUCT;
BYTHE ADDITION OF ARTICLE 4 CUR-
FEW HOURS FOR JUVENILES; CRE-
ATING OFFENSES FOR JUVENILES,
PARENTS OF JUVENILES, AND BUSI-
NESS ESTABLISHMENTS VIOLATING
CURFEW REGULATIONS; PROVIDING
DEFENSES; PROVIDING FOR EN-
FORCEMENT BY THE POLICE DE-
PARTMENT; PROVIDING FOR REVIEW
OF THIS ORDINANCE WITHIN 4 TO 6
MONTHS AND PERIODICALLY
THEREAFTER AFTER THE DATE OF
PASSAGE; PROVIDING FOR A PEN-
ALTY UP TO $500.00 FOR ANY VIOLA-
TION THEREOF; PROVIDING FOR
SEVERABILITY; AND ORDAINING
OTHER PROVISIONS RELATED TO
THE SUBJECT MATTER THEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
|CITY OF RIO GRANDE CITY, TEXAS, THAT;
SECTION I: The code of Ordinances of the City of Rio Grande City Chapter 9 Public Peace
and Conduct and miscellaneous Provisions is hereby amended by the addition of Article IV.
Curfew Hours for Juveniles, which such article shall read in its entirety as follows:
I ARTICLE IV CURFEW HOURS FOR JUVENILES.
Section 9-401 Definitions.
(a) "Chief of Police: means the Chief of Police of the City of Rio Grande City or a desig
nated representative.
| (b)"curfew hours" means:
(1) 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:00
a.m. of the following day; and
(2) midnight until 5:00 a.m. on any Friday, Saturday, or other day preceding a federal
holiday.
(c) direct route" methe shortest path of travel through a public place to reach a final
destination any detour or to stop along the way.
(d) emergency" means, but is not limited to, a fire, a natural disaster, an automobile acci
dent, or any situation requiring immediate action to prevent serious bodily injury or loss
of life.
(e) establishment means any privately-owned place of business operated for a profit to
which a public is invited, including but not limited to any place of amusement or enter
tainment.
(f) holding location means a place designated by the chief of police which a juvenile is
taken into custody for a violation of this section will be delivered to await pick up by a
parent, adult relative or juvenile authorities.
(g) "juvenile" means any person under 17 years of age.
(h) operator means any individual, form, 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.
(i) "parent" means a person who is:
(1) natural or adoptive parent of another person;
(2) a court-appointed guardian to have the care and custody of another person.
(3) at least 21 years of age and authorized by a parent or court appointed guardian to
have the care and custody of another person.
| (j) public place" means any street, alley, highway, sidewalk, playground, park, plaza,
building or other place used by or open to the public.
| (k) "remain" means to:
(1) linger or stay unnecessarily; or
(2) fail to leave premises when requested to do so by a police officer or the owner,
operator or the person in control of the premises.
9-042. Offenses.
(a) A juvenile commits an offense if the remains in any public place or on the premises of
any establishment within the city during curfew hours.
(b) A parent of a juvenile commits an offense if he knowingly permits, or by insufficient
control allows, the juvenile to remain in any public place or on the premises of any
establishment within the city during curfew hours.
(c) The owner, operator, or any employee of an estalbishment commits an offense if he
knowingly allows a minor to remain upon the premises of the establishment during cu-
few hours.
Section 9-403. Defenses.
(а) It is a defense to prosecution under Section 9-402 that the juvenile was:
(1) accompanied by the juvenile's parent or adult relative.
(2) engaged in an employment activity, including but not limited to newspaper deliver, and
was using a direct route;
(3) involved in an emergency;
(4) on the sidewalk abutting the juvenile's residence;
(5) attending an official school or religious activity or returning home by a direct route from
an official school or religous activity;
(б) 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
(7) married or had been married or had disabilities of juvenile removed in accordance with
Chapter 31 of the Texas Family Code.
Section 9-404. Enforcement.
(a) A police officer, upon finding a juvenile in violation of subsection 9-402, shall:
(1) a; certain the name and address of the juvenile.
(2) issue to the juvenile a written citation that the juvenile is in violation of section 9-402, |
and
(3) order the juvenile to go promptly home by a direct route; or
(4) may take the juvenile into custody and deliver the juvenile to a holding location;
(b) When a juvenile is taken into custody under this subsection, the police department shall
immediately notify a parent to pick up the juvenile 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, the juvenile shall be released into the custody of the parent. If a
parent cannot be located or fails to take charge of the juvenile, the juvenile shall be re-
leased to the juvenile authorities or to an adult relative.
(c) If a juvenile is not taken into custody for a violation of section 9-402, the police depart-
ment shall by certified mail return receipt requested, notify a parent of the juvenile that
the juvenile has violated section 9-402; that the parent must accompany the juvenile to
appear before the Municipal Court Judge and include a warning that any subsequent
violation may result in prosecution of the juvenile and the parent under this section. If the
juvenile was found in violation of section 9-402 at an establishment, the police depart-
ment shall by certified mail, return receipt requested, notify the owner, operator, or
employee of the establishment of the violation and include a warning that any subsequent
violation may result in prosecution of the owner, operator, and employee under this
section.
(d) A police officer shall, within 24 hours after finding a juvenile in violation of Section 9-
402, report the incident or assist to the extent possible, in the preparation and filing of the
report by a supervisor.
(e) The City Marshall is hereby directed to establish procedures relating to the staffing of
personnel for the establishment of a holding area for the processing of any juvenile de-
tained under the authority of this ordinance.
9-405. Penalties.
(a) Any juvenile who violates Section 9-402 of this section to appropriate action by a juve-
nile court in accordance with Chapter 51 and 52 of the Texas Family Code. A juvenile
may be prosecuted in municipal court for a violation of Section 9-402 and upon convi-
tion be subject to a fine not to exceed $500.00 per violation.
(b) A parent of a juvenile who violates Section 9-402 of this Article is, upon conviction,
punishable by a fine not to exceed $500.00
SECTION II: That within 4 to 6 months after the passage of this ordinance, and periodi-
cally therafter, the City Administrator shall review this ordinance and make recommenda-
tions to the Board of Aldermen concerning the effectiveness of and the continuing need for
the ordinance.
SECTION HI: This ordinance shall become effective immediately upon its re-enact-
ment and execution in accordance with the law, but not earlier that April 9, 1996.
SECTION IV: The City Secretary of the City of Rio Grande City is hereby authorized
and directed to cause the contents of Section I hereof to be published, added and/or deleted
in the appropriate location in the Code of Ordinances of the City of Rio Grande City.
SECTION V: The City Secretary is hereby authorized and directed to cause the contents
of this ordinance to be published in a newspaper having general circulation in Rio Grande
City, Texas in accordance with the provisions of the law.
SECTION VI: If any part or parts of this Ordinance are found to be invalid or unconsti-
tutional by a court having competent jurisdiction, then such invalidity or unconstitutionality
shall not affect the remaining parts hereof and such remaining parts shall remain in full force
and effect, an to that extent this Ordinance is considered severable.
CONSIDERED, PASSED and APPROVED this day of March, 1996, at a special
meeting of the Board of Aldermen of the City of Rio Grande City, Texas, at which quorum
was present and which was held in accordance with Chapter 551 of the Texas Government
Code.
SIGNED this 26lh day of March, 1996.
CITY OF RIO GRANDE CITY, TEXAS
s/BASILIO V1LLARREAL.
MAYOR
ATTEST:
s/HOLLY D. GUERRERO
CITY SECRETARY
I
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Roberts, Kenneth. Rio Grande Herald (Rio Grande City, Tex.), Vol. 83, No. 13, Ed. 1 Thursday, March 28, 1996, newspaper, March 28, 1996; (https://texashistory.unt.edu/ark:/67531/metapth195541/m1/8/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Rio Grande City Public Library.