The Brownwood City Council on Tuesday, by a vote of 4-1, approved on second and final reading an ordinance instituting a juvenile curfew of 11 p.m. Sunday through Thursday and midnight Friday and Saturday for youths ages 16 and below. Council member Ed McMillian cast the lone ‘no’ vote, and Mayor Stephen Haynes also opposed the idea.
There was one amendment made to the ordinance, as it will now be reviewed in 14 months opposed to the original 3 years, which is state law. Discussion of moving the curfew times back to 11:30 p.m. on weeknights and 1 a.m. on weekends took place, but no amendment was offered.
“I want to reiterate this is not going to be probable cause on a traffic stop,” said council member Walker Willey, who first presented the matter to the council at the Oct. 16 meeting. “If you have a 16-year-old kid that drops his 16-year-old girlfriend off at midnight and then drives home, the chance of this ordinance having any bearing at all commuting from that drop off and getting home is almost completely nil.”
Council member Melody Nowowiejski said, “Someone asked me the question, what if my son is down the street playing video games at a friend’s house and walks home after curfew? First of all, I highly doubt anyone is going to stop him on a neighborhood street, but if he did it would take two minutes to call mom and dad and they confirm yes he’s allowed to be out and it’s a non-event, right?”
Willy responded, “You may tell the officer I live right there, say three houses down, and the officer might say OK, go ahead and go and I’ll watch you to make sure you get there.”
Albert Salazar addressed the city council, stating, “I’ve changed my life … but in my past life there are kids out there that are up to no good and causing crime. I’ve done that, I’ve carried drugs down the street, I’ve carried a 12-gauge shotgun down the street at night time. There are things kids are learning from bad people. I think we just need to be careful of this because you never know.”
Terry Blevins spoke before the council and said, “I have a real simple question on this, why are we trying to govern what parents should be doing already? Less government, more parenting. We all wish that was the case, but we can’t govern them into it. That’s my take on the issue, this is just a bad idea. ”
Marc Followwell asked the question of the council, “What type of additional training will be provided to the officers to ensure this doesn’t become an overreach? We don’t want these kids to be stopped everywhere. If they’re playing video games and it’s 12:15 and you’re going home, I’m going to be one unhappy parent if I find that out.”
City Manager Emily Crawford responded, stating, “(Brownwood Police) Chief (Ed) Kading has already referenced that there will be a policy written so that our officers know the parameters of this particular ordinance, as well as training. They do all have to go through training on this policy.”
After the vote, McMillian said, “Since I’ve been on the council, in 2000 we looked at it and didn’t see a need for it. I would have never thought we would see the day where we’d have a curfew.”
Willey said, “I can tell you we needed it 10 years ago.”
“I disagree,” McMillian responded.
The juvenile curfew is below:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BROWNWOOD, TEXAS, ESTABLISHING POLICIES REGARDING JUVENILE CURFEW OFFENSES, TO BE CODIFIED IN THE CITY OF BROWNWOOD CODE OF ORDINANCES CHAPTER 42, ARTICLE III JUVENILE CURFEW; ESTABLISHING A PENALTY FOR VIOLATING THE ORDINANCE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Brownwood (the “City”) is a home-rule municipality created pursuant to Article XI, Section 5 of the Texas Constitution with powers of self-government, including the power to adopt and enforce ordinances necessary to preserve good government, order, and security to the City and its inhabitants as authorized by Texas Local Government Code Chapter 51 and Chapter 54; and
WHEREAS, the City Council finds that it is in the best interests of the health, safety and welfare of its citizens to adopt a juvenile curfew ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BROWNWOOD, TEXAS:
I. Enactment. That this ordinance and provisions contained herein regarding curfew ordinances shall be and are hereby adopted as the Juvenile Curfew Ordinance of the City of Brownwood and shall be codified in Chapter 42, Article III. Juvenile Curfew as follows:
“ARTICLE III. JUVENILE CURFEW
DIVISION 1. GENERALLY
Secs. 42-71.—42-80. Reserved
DIVISION 2. CURFEW
Sec. 42-81. Definitions
The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:
Emergency. 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 or life.
Establishment. 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.
Guardian.
(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.
Minor. Any person under 17 years of age.
Operator. 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.
Parent. A person who is:
(1) A natural parent, adoptive parent, or stepparent of another person; or
(2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
Public place. 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.
Remain. To:
(1) Linger or stay; or
(2) Fail to leave premises when requested to do so by a peace officer or the owners, operator, or other person in control of the premises.
Serious bodily injury. 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.
Sec. 42-82. Offenses
(a) It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city between the hours of:
(1) 11:00 p.m. Sunday evening and 6:00 a.m. Monday morning;
(2) 11:00 p.m. Monday evening and 6:00 a.m. Tuesday morning;
(3) 11:00 p.m. Tuesday evening and 6:00 a.m. Wednesday morning;
(4) 11:00 p.m. Wednesday evening and 6:00 a.m. Thursday morning;
(5) 11:00 p.m. Thursday evening and 6:00 a.m. Friday morning;
(6) 12:01 a.m. Saturday morning and 6:00 a.m. Saturday morning; and
(7) 12:01 a.m. Sunday morning and 6:00 a.m. Sunday morning.
(b) 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.
(c) 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.
Sec. 42-83. Defenses
(a) It is a defense to prosecution under section 42-82 that the minor was:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in a employment activity, or going to or returning home from an employment activity, without any detour or stop;
(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 department about the minor’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, 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 the city, a civic organization, or another similar entity that takes responsibility for the minor;
(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;
(9) Married or had been married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code; or
(b) It is a defense to prosecution under section 42-82(c) that the owner, operator, or employee of an establishment promptly notified the police department or a peace officer, that a minor was present on the premises of the establishment during curfew hours and refused to leave.
Sec. 42-84. Enforcement
Before taking any enforcement action under this article, 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 article unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 42-83 is present.
Sec. 42-85. Children taken into custody for violation of juvenile curfew
As provided by state law:
(1) A peace officer taking a minor into custody for violation of this article shall, without unnecessary delay:
(A) Release the minor to the minor’s parent, guardian, or custodian;
(B) Take the minor before a municipal or justice court to answer the charge; or
(C) Take the minor to a place designated as a juvenile curfew processing office by the chief of police.
(2) The juvenile curfew processing office shall observe the following procedures:
(A) The office shall be an unlocked, multipurpose area that is not designated, set aside, or used as a secure detention area or part of a secure detention area;
(B) The minor will not be secured physically to a cuffing rail, chair, desk or stationary object;
(C) The minor will not be held longer than necessary to accomplish the purposes of identification, investigation, processing, release to parents, guardians, or custodians, and arrangement of transportation to school or court;
(D) A juvenile curfew processing office will not be designated or intended for residential purposes;
(E) The minor shall be under continuous visual supervision by a peace officer or other person during the time the minor is in the juvenile curfew processing office; and
(F) A minor will not be held in a juvenile curfew processing once for more than six hours.
Sec. 42-86. Penalty
(a) Any minor violating the provisions of this article shall be guilty of a class C misdemeanor as defined in the Texas Penal Code and shall be dealt with in accordance with the provisions of title 3 of the Texas Family Code.
(b) A parent or guardian of a minor violating this article shall be guilty of a misdemeanor, which shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).
Sec. 42-87. Review
Within three years of the date of adoption of this division, and every third year thereafter, the city council shall:
(1) Review the division’s effects on the community and on problems which the division was intended to remedy;
(2) Conduct public hearings on the need to continue the division; and
(3) Abolish, continue or modify the division.”
II. Repealer. The City Council of the City of Brownwood declares that any prior ordinance or any provision in any prior ordinance, as may be applicable, is hereby repealed to the extent that such ordinance or provision of an ordinance conflicts or contradicts the amendments and provisions enacted herein.
III. Severability. Should any section or part of this Ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstances for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, or ineffectiveness or such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be an remain in full force and effect and to this end the provisions of this ordinance are declared to be severable.
IV. Notice. It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551. Gov’t. Code.
V. Effective Date. This Ordinance shall take effect and be in full force and effect from and after the date of its passage on the second and final reading and publication of the caption of the Ordinance in a newspaper of general circulation within the City, as may be required by law.