From
Fred Bates, Jr.
Title
Public hearing to receive citizen input regarding the renewal of the City's Juvenile Curfew Ordinance and Renewal of Juvenile Curfew Section 17-45 of the Code of Ordinances
Presenter
Steve Dye, Chief of Police / Deputy City Manager
Recommended Action
Approve
Analysis
Every three years the City Council shall review the curfew ordinance; conduct a public hearing on the need to continue the ordinance; and abolish, continue or modify the ordinance. The Police Department believes the current curfew ordinance, as written, meets the needs of the City and the community. It is used as an effective tool to both reduce juvenile victimization and investigate criminal activity of juvenile offenders. The purpose of the curfew ordinance is to prevent juveniles from committing crimes or becoming victims of crime.
Initial research into a juvenile ordinance for the City of Grand Prairie began in 1991. The ordinance was subsequently delayed until a lawsuit, challenging the constitutionality of the ordinance involving the City of Dallas, was resolved. After the Supreme Court upheld the validity of the Dallas Ordinance, a curfew ordinance was passed by the Grand Prairie City Council on May 17, 1994 for a trial period of six months. After the trial period and on November 15, 1994, a curfew ordinance for the City of Grand Prairie became effective and must be renewed every three years.
The curfew is in effect from 11:00 p.m. on Sunday through Thursday until 6:00 a.m. the following day and from 12:01 a.m. until 6:00 a.m. any Saturday or Sunday. Violations of the ordinance include:
• When a minor remains in any public place or on the premises of any establishment within the city during curfew hours
• When a parent or guardian of a minor knowingly permits the minor to violate the curfew ordinance
• When an owner, operator, or any employee of an establishment knowingly allows a minor to remain at the establishment during curfew hours
Juvenile curfew violator defenses to the ordinance include:
• Accompanied by the minor’s parent or guardian
• On an errand at the direction of the minor’s parent or guardian
• Engaged or going to or returning from an employment activity
• 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
• Attending an official school, religious, or other recreational activity supervised by adults
• Exercising First Amendment rights
• Married or certified as an adult
The current curfew ordinance has served as an effective tool for law enforcement and the community as it aids in controlling illegal activity and provides a measure of protection to vulnerable youth after hours. The ordinance compels children to be off the streets during curfew hours, but provides for the aforementioned exceptions.
In 2017, from January 1st through December 31st, the Police Department issued 77 citations to teens for Teen Curfew violations. In the current year, 2018, the Police Department issued 63 citations to teens for Teen Curfew violations.
In an effort to continue the Community Policing philosophy of the Police Department, further protect children and reduce juvenile crime, staff recommends the City Council renew the current curfew ordinance.
The Public Safety, Heath and Environment Committee reviewed this item on January 7, 2019 and recommended that it be forwarded to the City Council.
Financial Consideration
None
Body
AN ORDINANCE REENACTING OR CONTINUING CHAPTER 17, “OFFENSES AND MISCELLANEOUS PROVISIONS,” SECTION 17-45, “CURFEW REGULATIONS FOR MINORS,” OF THE GRAND PRAIRIE CITY CODE, ESTABLISHING A CURFEW FOR MINORS, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE UPON PASSAGE AND PUBLICATION
WHEREAS, on May 17, 1994, after public hearing, the City of Grand Prairie enacted Ordinance 5250, as amended on November 11, 1994, which established a curfew for minors 16 and younger between 11:00 p.m. on Sunday through Thursday and 6:00 a.m. of the following day and from 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday, and provided certain defenses;
WHEREAS, Section 370.002 of the Texas Local Government Code provides that cities enacting a curfew must, every three years, review the ordinance's effects on the community and on problems the ordinance or order was intended to remedy;
WHEREAS, Section 370.002 of the Texas Local Government Code provides the cities must conduct public hearings on the need to continue the ordinance; and
WHEREAS, on January 15, 2013, after a public hearing and a finding that there was still a need for the juvenile curfew, Ordinance 9481 was adopted reenacting and reinstating the curfew provisions; and
WHEREAS, the Council City of Grand Prairie finds the curfew ordinance has been a valuable tool for the police in fighting juvenile crime and juvenile victimization; and
WHEREAS, after a public hearing, the City Council of the City of Grand Prairie finds an urgent public necessity to continue the curfew ordinance in its enacted format;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1: That Ordinance 5250, enacting a night juvenile curfew ordinance as Section 17-29 of Chapter 17 of the Grand Prairie City Code, as passed on May 17, 1994, and amended on November 11, 1994, Ordinance 6482, passed and approved on August 7, 2001, Ordinance 7009, passed and approved on March 16, 2004, Ordinance 7563, passed and approved on March 6, 2007, Ordinance 8083, passed and approved on February 2, 2010, Ordinance 9481, passed on January 15, 2013, and Ordinance 10000, passed on January 19, 2016 which reinstituted the curfew, and is codified in Section 17-45 of the Code of Ordinances, are hereby reenacted, and the provisions of Section 17-45 are to continue in full force and effect, to the effect that minors are subject to a curfew as set out in the Ordinance.
SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
SECTION 3: That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 4: That this ordinance shall be in full force and effect from and after its passage, publication and approval.
SECTION 5: That, violation of this ordinance shall be punishable in accordance with Section 1-8 of the Code of Ordinances.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 8th DAY OF JANUARY, 2019.