TITLE XIII: GENERAL OFFENSES
		Chapter
			130.	GENERAL OFFENSES
CHAPTER 130: GENERAL OFFENSES
Section
	130.01	False impersonation
	130.02	Curfew for minors
§ 130.01  FALSE IMPERSONATION.
	It shall be a misdemeanor for any person to wear, carry or display a Police Reserve Force identification card or otherwise deceitfully represent himself or herself to be connected with the Police Reserve Force, unless he or she is in fact a member thereof in good standing.
(Ord. 6-16-80, passed 6-16-80)  Penalty, see § 10.99
§ 130.02  CURFEW FOR MINORS.
	(A)	Purposes. The purposes of this section are to:
		(1)	Protect minors from criminal activity that occurs after the curfew hour;
		(2)	Protect minors from improper influences that prevail after the curfew hour;
		(3)	Protect the public from illegal acts of minors committed after the curfew hour; and
		(4)	Help parents, guardians, custodians, or other responsible persons, in carrying out their responsibility to exercise reasonable supervision of the children entrusted to their care.
	(B)	Findings. In determining that a need exists for this section, the City Council finds and determines as follows:
		(1)	The City of Hooks, Texas is a stable family community where parental responsibility for the whereabouts of children is the norm;
		(2)	During nocturnal hours children are at greater risk of victimization or becoming involved in delinquent or criminal behavior;
		(3)	As parental control increases, the likelihood of children being victimized or becoming involved in delinquent or criminal behavior decreases;
		(4)	According to the 2010 Census:
			(a)	The population of the City of Hooks, Texas is 2,769.
			(b)	There are 766 children within the age group affected by this section.
			(c)	There are a total of 1,274 total housing units in Hooks with 1,099 being occupied housing units and 175 being vacant housing units.
		(5)	(a)	The data set forth in division (B)(4) above are significant criteria in establishing the need for this section when evaluated in conjunction with the crime statistics which are attached to Ordinance 14-10-20A, marked Exhibit A and made a part hereof by reference. The data in Exhibit A demonstrates a compelling need for continuation of this section. Exhibit A illustrates statistics for crime within the city from April 1, 2009 through December 31, 2010. These statistics show the number of offenses involving juveniles which have occurred during that approximate two-year period for both the time period which would not be included within the curfew hours of this section (non-curfew) and the time period which would be included within the curfew hours of this section (curfew).
			(b)	Exhibit A indicates that juvenile crime, juvenile violent crime, and juvenile victimization have decreased since the enactment of this section, yet the level of such acts are unacceptable and alarming, compelling the City Council to adopt this section for the public good, safety and welfare.
	(C)	Definitions. For the purposes of this section, the following words, terms and phrases shall have the meanings ascribed to them in this section:
		CURFEW HOURS. Means
			(a)	11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. the following day;
			(b)	12:01 a.m. until 6:00 a.m. on any Saturday or Sunday; and
			(c)	9:00 a.m. until 2:30 p.m. Monday through Friday, on those days Hooks Independent School District is conducting classes.
		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, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of 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.
		MINOR. Any person under 17 years of age.
		OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing or conducting any establishment, including the members or partners of an association or partnership and the officers of a corporation.
		PARENT. A person who is the natural parent, adoptive parent, or the step-parent of a person. As used herein, PARENT shall also include a court appointed guardian or other person 21 years of age or older and authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a person.
		PREMISES. The structure within which the establishment is housed.
		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 streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
	(D)	Offenses.
		(1)	It shall be unlawful for any minor to intentionally or knowingly remain, walk, run, stand, drive or ride about in or upon any public place in the city during curfew hours.
		(2)	It shall be unlawful for the parent of a minor to knowingly permit, or by inefficient control to allow such minor to remain, walk, run, stand, drive or ride about, in or upon any public place in the city during curfew hours. The term KNOWINGLY includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent’s legal custody.
		(3)	It shall be unlawful for a person to induce, encourage or assist a minor to remain, walk, run, stand, drive or ride about, in or upon any public place in the city during curfew hours.
		(4)	It shall be unlawful for the owner, operator, or any employee of an establishment to knowingly allow a minor to enter or to remain upon the premises of the establishment during curfew hours.
	(E)	Exceptions/defenses.
		(1)	It is a defense to prosecution under division (C) above, that, at the time of the act that otherwise would constitute an offense:
			(a)	The minor was accompanied by his or her parent;
			(b)	The minor was accompanied by an adult 21 years of age or older designated by his or her parent;
			(c)	The minor was on an errand made necessary by an emergency;
			(d)	The minor was attending a school, religious activity, or government sponsored activity, or going to or coming from a school, religious, or government sponsored activity;
			(e)	The minor was engaged in a lawful employment activity or volunteer work at a recognized charity institution, or going to or coming from such activity without detour or stop;
			(f)	The minor was attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Hooks 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 the Hooks Independent School District, a civic organization, or another similar entity that takes responsibility for the minor;
			(g)	The minor was, with parental consent, in a motor vehicle engaged in interstate travel, beginning, ending or passing through the city.
			(h)	The minor was on an errand at the direction of the minor's parent, without any detour or stop;
			(i)	The minor was on the property or the sidewalk directly adjacent to the place where such minor resides or the place immediately adjacent thereto if the owner or occupant of the adjacent building does not communicate an objection to the minor and the police department;
			(j)	The minor was attending or traveling directly to or from an activity involving the exercise of First and Fourteenth Amendment rights protected by the United States Constitution, including, but not limited to the free exercise of religion, freedom of speech, and the right of assembly;
			(k)	The minor was married or had been married or had disabilities of minority removed in accordance with Tex. Family Code Chapter 31;
			(l)	The minor was following the direction of a peace officer; or
			(m)	In a prosecution under division (C)(4), the owner, operator or employee of the place of business promptly notified the police department that a minor was present on the premises of the business during the curfew hours and refused to leave.
		(2)	Each of the foregoing exceptions, and their several limitations, are severable, as hereinafter provided but reemphasized here.
	(F)	Supplemental effect. The provisions of this section are supplemental and shall be cumulative with all other laws and ordinances applicable in any manner to juveniles.
	(G)	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 division (D) is present.
	(H)	Penalties.
		(1)	A minor who violates division (C)(1) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punishable by a fine not to exceed $500, and may be subject to appropriate action by a juvenile court in accordance with Tex. Family Code §§ 51.03 and 51.08 and Tex. Penal Code § 8.07.
		(2)	A parent, person, or an owner, operator, or any employee of an establishment who violates a provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punishable by a fine of not less than $25 or to exceed $500.
		(3)	A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted.
		(4)	In assessing punishment for a minor, the municipal court judge may consider a community service or teen court program.
(Ord. 04-11-29D, passed 11-29-04; Am. Ord. 08-04-21, passed 4-21-08; Am. Ord. 11-04-25, passed 4-25-11; Am. Ord. 14-10-20A, passed 10-20-14; Am. Ord. 16-09-19, passed 9-19-16)