ORDER NO. 26847

ESTABLISH TEEN NOCTURNAL CURFEW
IN KERR COUNTY AND SET PUBLIC HEARING ON SAME

On this the 22nd day of January, 2001, upon motion made by
Commissioner Baldwin, seconded by Commissioner Williams, the
Court approved by a vote of 3-1-0, the approval to establish
a teen curfew in Kerr County and set a public hearing on
Febuary 26, 2001 at 7:00 pm.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred He ' C OFFICE: County Judge
MEETING DATE: 7anuarv 22, 2001 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approval of Order establishing a Teen Curfew in Kerr County and set
a public hearing on same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
Count~Judge
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.

An order establishing a county juvenile nocturnal curfew for minors in azeas located in
Kerr County, Texas outside the city limits of an incorporated or chartered municipality.
Texas:
BE IT ORDERED and ADOPTED by the Commissioners Court of Kerr County,
SECTION 1. GENERAL PROVISIONS AND FINDINGS:
WHEREAS, the Kerr County Commissioners Court has determined that [ADD LOCAL
STATISTICS REGARDING THE % OF ALL CRIMES COMMITTED DURING
PROPOSED CURFEW HOURS] in Kerr County, Texas; and
WHEREAS, the Kerr County Commissioners Court has determined that [ADD LOCAL
STATISTICS REGARDING THE % OF ALL CRIMES COMMITTED DURING
PROPOSED CURFEW HOURS BY PERSONS UNDER THE AGE OF 17] in Kerr County,
Texas; and
WHEREAS, the Kerr County Commissioners Court has determined that [ADD LOCAL
STATISTICS REGARDING THE % OF ALL JUVENILE CRIMES COMMITTED
DURING PROPOSED CURFEW HOURS] in Kerr County, Texas; and
WHEREAS, persons under the age of 17 aze particularly susceptible by their lack of
maturity and experience to participate in unlawful activities and to be victims of older
perpetrators of crime; and
WHEREAS, the Kerr County Commissioners Court has an obligation to provide for the
protection of minors from each other and from other persons, for the enforcement of pazental
control over and responsibility for children, for the protection of the general public, and for the
reduction of the incidence of juvenile criminal activities; and
WHEREAS, the Kerr County Commissioners Court has both the responsibility and the
authority to protect the health, safety, and general welfaze of the citizens of Kerr County, Texas, a
curfew for those under the age of 17 will be in the interest of the public health, safety, and general
welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of
such conduct on the citizens of Kerr County, Texas;
SECTION 2. SUBSTANTIVE PROVISIONS AND DEFINITIONS:
NOW, THEREFORE, for the reasons cited above, the Kerr County Commissioners
Court hereby RESOLVES, ORDERS, and ESTABLISHES the following Order;
A. DEFINITIONS
In this order:
(1) COUNTY means areas located in Kerr County, Texas, outside the city limits of
an incorporated or chartered municipality.
(2) CURFEW HOURS means:
(a) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
until 6:00 a.m. of the following day; and
(b) 12:01 a.m. until 6:00 a.m. on any Friday or Saturday; and
(c) 12:01 a.m. until 6:00 a.m. on any day preceding a school holiday for
students as designated by their respective school district. [or Kerrville
Independent School District, the Ingram Independent School District, the Center
Point Independent School District, the Hunt Independent School District or by
the Divide School.]
(3) EMERGENCY means 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 of life.
(4) ESTABLISHMENT means 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.
(5) GUARDIAN means:
(a) a person who, under court order, is the guazdian of the person of a minor;
or
(b) a public or private agency with whom a minor has been placed by a
court.
(6) MINOR means any person under 17 yeazs of age.
(7) OPERATOR means 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.
(8) PARENT means a person who is:
(a) a natural parent, adoptive parent, or step-parent of another person; or
(b) at -east 18 years of age and authorized by a pazent or guardian to have the
care and custody of a minor.
(9) PUBLIC PLACE means 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.
(10) REMAIN means to:
(a) linger or stay; or
(b) fail to leave premises when requested to do so by a police officer or the
owner, operator, or other person in wntrol of the premises.
(11) SERIOUS BODILY INJURY means 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.
B. OFFENSES
(1) A minor commits an offense if he or she remains in any public place or on the
premises of any establishment within the county during curfew hours.
(2) A pazent or guazdian of a minor commits an offense if he or she knowingly
permits, or by insufficient control allows, the minor to remain in any public place
or on the premises of any establishment within the county during curfew hours.
(3) The owner, operator, or any employee of an establishment commits an offense if he or
she knowingly allows a minor to remain upon the premises of the establishment
during curfew hours.
C. DEFENSES
(1) It is a defense to prosecution under Subsection B (OFFENSES) that the minor
was:
(a) accompanied by the minor's pazent or guardian;
(b) on an errand at the direction of the minor's parent or guardian, without
any detour or stop;
(c) in a motor vehicle involved in interstate travel;
(d) engaged in an employment activity, or going to or returning home from
an employment activity, without any detour or stop;
(e) involved in an emergency;
(f) on the sidewalk abutting the minor's residence or abutting the residence
of a nextdoor neighbor if the neighbor did not complain to the Kerr
County Sheriffs Department about the minor s presence;
(g) attending an official school, religious, or other recreational activity
supervised by adults and sponsored by Kerr County, a civic organization,
or another similaz 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 Kerr County, a civic organization, or another similar entity
that takes responsibility for the minor,
(h) 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
(i) married or had been married or had disabilities of minority removed in
accordance with Chapter 31 of the Texas Family Code.
(2) It is a defense to prosecution under Subsection (B)(3) that the owner, operator, or
employee of an establishment promptly notified the Kerr County Sheriffs
Department that a minor was present on the premises of the establishment during
curfew hours and refused to leave.
D. ENFORCEMENT
Before taking any enforcement action under this section, a peace officer or Kerr
County Sheriff s Department officer shall ask the appazent 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 subsection C is present.
E. PENALTIES
(1) A person who violates a provision of this chapter is guilty of a separate offense
for each day or part of a day during which the violation is committed, continued,
or permitted. Each offense, upon conviction, is punishable by a fine not to
exceed $500.
(2) When required by Section 51.08 of the Texas Family Code, as amended, the
justice court shall waive original jurisdiction over a minor who violates
subsection (B)(1) of this section and shall refer the minor to juvenile court.
SECTION 3. REVIEW:
That within six months after the initial enforcement of this order, the Kerr County Sheriff
shall review this order and report and make recommendations to the Kerr County Commissioners
Court concerning the effectiveness of and the continuing need for the order. The Kerr County
Sheriff's report shall specifically include the following information:
(A) the practicality of enforcing the order and any problems with enforcement
identified by the Kerr County Sheriff's Department;
(B) the impact of the order on crime statistics;
(C) the number of persons successfully prosecuted for a violation of the order; and
(D) the county's net cost of enforcing the order.
SECTION 4. SEVERABILITY:
If any portion of this order is deemed to be in violation of the statutes or the Constitution
of Texas or the United States by a court of competent jurisdiction, said portion sha-I be severed
and the balance of the provisions wntained in this order shall remain in full force and effect.
SECTION 5. EFFECTIVE DATE:
That this order shall take effect immediately from and after its passage and publication in
accordance with the provisions of state law, and it is acwrdingly so ordered.
Read and adopted this the _ day of
200_, by a vote of _ ayes and _ nays.
ATTEST:
County Clerk
THE STATE OF TEXAS §
THE COUNTY OF KERB
County Judge
I, JANNETT PIEPER, Clerk of the County Court and Ex-Officio Clerk of the Commissioners
Court of Kerr County, Texas, do hereby certify that the above and foregoing is a tme and wrrect copy of
ORDER NO. passed by the Commissioners Court on the day of
A.D. 200_, as the same appears of record in Volume Page , of the
Minutes of the Commissioners Court of Kerr County, Texas. TRANSCRIPT -OFFICIAL COURT
REPORTER'S TRANSCRIPT OF REGULAR COMMISSIONERS COURT SESSION,
200_ _:00 .m IN TESTIMONY WHEREOF, I have hereunto set my
hand and seal of office at Kerrville, Texas, on this day of , A.D. 200_
JANNETT PIEPER
Clerk of the County Court
and Ex-Officio Clerk of the
Commissioners Court of
Kerr County, Texas
By:
Mazgazet A. Barbee, Deputy
w4 ~~~ IND~p~~d~'
-Yi ~ H
tP ~~~~`~
wool DIS~~
1009 Barnett St.
Kerrville, Texas 78028
(830) 257-2201 voice
(830)257-2249 fax
Mark L. Jackson, Ph.D.,
Superintendent
January 9, 2001
Judge Fred Henneke
Kerr County Commissioners Court
Kerr County Courthouse
700 Main St.
Kerrville, TX 78028
Dear Judge Henneke and Commissioners:
A recommendation regarding a teen curfew comes before you with strong support
from many entities in this community. Please add the Kerrville ISD to this list of
supporters. Through conversation with the members of the Board of Education, I
know they share the attitude l have about this matter. This letter is a position
statement on this issue.
I am aware that County Attorney Motley carefully reviewed and submitted a
curfew plan for teenagers in Kerr County. Support for this plan first comes from
the realization that not much good happens after midnight. Many parents realize
this, set curfews for their own students, and lay out much stricter expectations than
those in this plan.
In order for a student to do their best in school or on the job, rest is needed. Our
students need to be prepared for learning by coming to school healthy, rested, and
ready to face the learning challenges every day. We expect them to stretch and
achieve every day.
Safety is also a concern. Students out on the streets in the middle of the night aze
not in a safe environment. The research shows the rate of accidents increases with
the number of teenagers in a vehicle. I cannot help but believe that the time of day
also impacts their safety. For students out on foot, their proximity to the street
also poses a safety risk for vehicle operators.
Judge Henneke and Commissioners
January 9, 2001
Page 2
Finally, the curfew reduces the opportunity for mischief. Not every student out
until the early hours is involved in mischief; however, the curfew helps by
removing the opportunity for misconduct to occur.
For the reasons cited above, I am in support of this idea. I know the members of
our Board will be interested in expressing their support for this matter as well.
Sin erely,
l~yZ,L+'~--~
Mark Ja kson
In~~am Independent School District
Curtis Rhodes, Superintendent
510 College Street
In˘ram, Texas 78025
83 013 6 7-55 1 7
Fux 8301367-4869
January 3, 2001
To the Honorable Judge Fred Henneke,
Ingram Independent School District is supportive of a countywide teen curfew. I
applaud your efforts in taking a stand on what is good for the citizens, of all ages, in Kerr
County. The Ingram schools have benefited from the City of Ingram having this curfew.
By enacting a curfew throughout Kerr County, we will benefit even more.
Please contact me if I can be of further assistance.
Committed to Excellence,
C2.w~ GJ ~~~9~
Curtis W. Rhodes
Superintendent of Schools
No.
An order establishing a county juvenile nocturnal curfew for minors in areas located in
Kerr County, Texas outside the city limits of an incorporated or chartered municipality.
BE IT ORDERED and ADOPTED by the Commissioners Court of Kerr County,
Texas
SECTION I. GENERAL PROVISIONS AND FINDINGS:
WHEREAS, the Kerr County Commissioners Court has determined, according to the
most recent statistics available, that 58% of Ken• County's juvenile referrals for criminal acts
occur between the noctumal hours of 11:00 p.m. and 6:00 a.m., a span of time which represents
only 29% of the 24 hour day; and
WHEREAS, persons under the age of 17 aze parliculazly susceptible by their lack of
maturity and experience to participate in unlawful activities and to be victims of older
perpetrators of crime; and
WHEREAS, the Kerr County Commissioners Court has an obligation to provide for the
protection of minors from each other and from other persons, for the enforcement of pazental
control over and responsibility for children, for the protection of the general public, and for the
reduction of the incidence of juvenile criminal activities; and
WHEREAS, the Kerr County Commissioners Court has both the responsibility and the
authority to protect the health, safety, and general welfaze of the citizens of Kerr County, Texas, a
curfew for those under the age of 17 will be in the interest of the public health, safety, and general
welfaze and will help to attain the foregoing objectives and to diminish the undesirable impact of
such conduct on the citizens of Kerr County, Texas;
SECTION 2. SUBSTANTIVE PROVISIONS AND DEFINITIONS:
NOW, THEREFORE, for the reasons cited above, the Kerr County Commissioners
Court hereby RESOLVES, ORDERS, and ESTABLISHES the following Order;
A. DEFINITIONS
ht this order:
(1) COUNTY means areas located in Kerr County, Texas, outside the city limits of
an incorporated or chartered municipality.
(2) CURFEW HOURS means:
(a) 12:01 a.m. until 6:00 a.m. on any Monday, Tuesday, Wednesday,
Thursday or Friday; and
(b) 1:01 a.m, unti16:00 a.m. on any Saturday or Sunday; and
(c) I:Ol a.m. until 6:00 a.m. on any day preceding a school holiday for
students as dcelazed by the Kerrville Independent School District, the Ingram
Independent School District, the Center Point Independent School District, the
Comfort Independent School District, the Hunt Independent School District, the
Divide School, the Grace Christian School, Christ the King Christian Academy,
Notre Dame Parochial School, Our Lady of the Hills Regional Catholic High
School or the Holy Cross Lutheran School.
(3) EMERGENCY means an unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term includes, but is not
limited to, a fue, a natural disaster, or automobile accident, or any situation
requiring immediate action to prevent serious bodily injury or loss of life.
(4) ESTABLISHMENT means 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.
(5) GUARDIAN means:
(a) a person who, under court order, is the guardian of the person of a minor,
or
(b) a public or private agency with whom a minor has been placed by a
court.
(6) MINOR means any person less than 17 years of age.
(7) OPERATOR means any individual, fum, 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.
(8) PARENT means a person who is:
(a) a natural parent, adoptive parent, or step-pazent of another person; or
(b) at least 18 years of age and authorized by a parent or guazdian to have the
care and custody of a minor.
(9) PUBLIC PLACE means any place to which the public or a substantial group of
the public has acccss and includes, but is not limited to, streets, highways, and
the common areas of schools, hospitals, apartment houses, office buildings,
transport facilities, and shops.
(10) REMAIN means to:
(a) linger or stay; or
(b) fail to leave premises when requested to do so by a police officer or the
owner, operator, or other person in control of the premises.
(11) SERIOUS BODILY INIURY means 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.
B. OFFENSES
(1) A minor commits an offense if he or she remains in any public place or on the
premises of any establishment within the county during curfew hours.
(2) A parent or guardian of a minor commits an offense if he or she knowingly
permits, or by insufficient control allows, the minor to remain in any public place
or on the premises of any establishment within the county during curfew hours.
(3) The owner, operator, or any employee of an establishment commits an offense if
he or she knowingly allows a minor to remain upon the premises of the
establishment during curfew hours.
C. DEFENSES
(1) It is a defense to prosecution under Subsection B (OFFENSES) that the minor
was:
(a) accompanied by the minor's pazent or guazdian;
(b) on an errand at the direction of the minor's pazent or guazdian, without
any detour or stop;
(c) in a motor vehicle involved m interstate travel;
(d) engaged in an employment activity, or going to or returning home from
an employment activity, without any detour or stop;
(e) involved in an emergency;
(f) 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 Kerr
County Sheriff s Department about the minor's presence;
(g) attending an activity sponsored by Kerr County, the City of Kerrville, the
City of Ingram, the town of Hunt, a school as an officially sponsored
activity, a religious organization, a civic organization or other sinulaz
entity, a community sports organization or other recreational
organization, which activity is supervised by adults, who take
responsibility for the minors involved in said activity;
(h) going to or returning home from said activity, without any detour or stop,
except to travel to the residences of other minors involved in the same
activity to whom the minor in question is giving a ride from or to their
residence and picking them up at or leaving them at such home;
(i) 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
(j) marred or had been married or had disabilities of minority removed in
accordance with Chapter 31 of the Texas Family Code.
(2) It is a defense to prosecution under Subsection (B)(3) that the owner, operator, or
employee of an establishment promptly notified the Ken County Sheriff's
Department that a minor was present on the premises of the establishment during
curfew hours and refused to leave.
D. ENFORCEMENT
Before taking any enforcement action under this section, a peace officer or Kerr County
Sheriffs Department 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 subsection C is present.
E. PENALTIES
(1) A person who violates a provision of this chapter is guilty of a separate offense
for each day or part of a day during which the violation is committed, continued,
or permitted, Each offense, upon conviction, is a class c misdemeanor and is
punishable by a fine not to exceed $500.
(2) When required by Section 51.08 of the Texas Family Code, as amended, the
justice court shall waive original jurisdiction over a minor who violates
subsection (B)(]) of this section and shall refer the minor to juvenile court.
SECTION 3. REVIEW:
That within six months after the initial enforcement of this order, the Kerr County Sheriff
shall review this order and report and make recommendations to the Kerr County Commissioners
Court concerning the effectiveness of and the continuing need for the order. The Kerr County
Sheriff s report shall specifically include the following information:
(A) the practicality of enforcing the order and any problems with enforcement
identified by the Kerr County Sheriff s Deparknent•
(B) the impact of the order on crime statistics;
(C) the number of persons successfully prosecuted for a violation of the order; and
(D) the county's net cost of enforcing the order.
SECTION 4. SEVERABILITY:
If any portion of this order is dccmed to be in violation of the statutes or the Constitution
of Texas or the United States by a court of competent jurisdiction, said portion shall be severed
and the balance of the provisions contained in this order shall remain in full force and effect.
SECTION 5. EFFECTIVE DATE:
That this order shall take effect immediately from and after its passage and publication in
accordance with the provisions of state law, and it is accordingly so ordered.
Read and adopted this the _ day of
200 by a vote of _ ayes and _ nays.
County Judge
ATTEST:
County Clerk
THE STATE OF TEXAS
THE COUNTY OF KERB
I, JANNETT PIEPER, Clerk of the County CouR and Ex-Officio Clerk of the Commissioners
Court of Kars County, Texas, do hereby ceRify that the above and foregoing is a true and correct copy of
ORDER NO. passed by the Commissioners Court on the day of
A.D. 200_, as the same appears of record in Volume ,Page of the
Minutes of the Commissioners Court of Kars County, Texas. TRANSCRIPT -OFFICIAL COURT
REPORTER'S TRANSCRIPT OF REGULAR COMMISSIONERS COURT SESSION, ,
_, 200_ _:00 _. m. IN TESTIMONY WHEREOF, I have hereunto set my
hand and seal of office at Kerrville, Texas, on this day of , A.D. 200_.
JANNETT PIEPER
Clerk of the County Court
and Ex-Officio Clerk of the
Commissioners Court of
Kars County, Texas
By:
Linda Kneese, Deputy Clerk
No.
An order establishing a county juvenile nocturnal curfew for minors in areas located in
Kerr County, Texas outside the city limits of an incorporated or chartered municipality.
BE IT ORDERED and ADOPTED by the Commissioners Court of Kerr County,
Texas:
SECTION I. GENERAL PROVISIONS AND FINDINGS:
WHEREAS, the Kerr County Commissioners Court has determined, according to the
most recent statistics available, that 58% of Kerr County's juvenile referrals for criminal acts
occur between the nocturnal hours of 11:00 p.m. and 6:00 a.m., a span of time which represents
only 29% of the 24 hour day; and
WHEREAS, persons under the age of 17 aze particularly susceptible by their lack of
maturity and experience to participate in unlawful activities and to be victims of older
perpetrators of crime; and
WHEREAS, the Kerr County Corcunissioners Court has an obligation to provide for the
protection of minors from each other and from other persons, for the enforcement of pazental
control over and responsibility for children, for the protection of the general public, and for the
reduction of the incidence of juvenile criminal activities; and
WHEREAS, the Kerr County Commissioners Court has both the responsibility and the
authority to protect the health, safety, and general welfaze of the citizens of Kerr County, Texas, a
curfew for those under the age of 17 will be in the interest of the public health, safety, and general
welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of
such conduct on the citizens of Kerr County, Texas;
SECTION 2. SUBSTANTIVE PROVISIONS AND DEFINITIONS:
NOW, THEREFORE, for the reasons cited above, the Kerr County Commissioners
Court hereby RESOLVES, ORDERS, and ESTABLISHES the following Order;
A. DEFINITIONS
In this order:
(1) COUNTY means areas located in Kerr County, Texas, outside the city limits of
an incorporated or chartered municipality.
(2) CURFEW HOURS means:
(a) 12:01 a.m. until 6:00 a.m. on any Monday, Tuesday, Wednesday,
Thursday or Friday; and
(b) 1:01 a.m. unti16:00 a.m. on any Saturday or Sunday; and
(c) 1:01 a.m. until 6:00 a.m. on any day preceding a school holiday for
students as declared by the Kemille Independent School District, the Ingram
Independent School District, the Center Point Independent School District, the
Hunt Independent School District or by the Divide School.
(3) EMERGENCY means an unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term includes, but is not
limited to, a fne, a natwal disaster, or automobile accident, or any situation
requiring immediate action to prevent serious bodily injury or loss of life.
(4) ESTABLISHMENT means 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.
(5) GUARDIAN means:
(a) a person who, under court order, is the guazdian of the person of a minor;
or
(b) a public or private agency with whom a minor has been placed by a
court.
(6) MINOR means any person less than 17 years of age.
(7) OPERATOR means 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.
(8) PARENT means a person who is:
(a) a natural parent, adoptive parent, or step-parent of another person; or
(b) at least 18 years of age and authorized by a pazent or guardian to have the
care and custody of a minor.
(9) PUBLIC PLACE means 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, aparUnen[ houses, office buildings,
transport facilities, and shops.
(10) REMAIN means to:
(a) linger or stay; or
(b) fail to leave premises when requested to do so by a police officer or the
owner, operator, or other person in control of the premises.
(I1) SERIOUS BODILY INJURY means 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.
B. OFFENSES
(1) A minor commits an offense if he or she remains in any public place or on the
premises of any establishment within the county during curfew hours.
(2) A pazent or guardian of a minor commits an offense if he or she knowingly
permits, or by insufficient control allows, the minor to remain in any public place
or on the premises of any establishment within the county during curfew hours.
(3) The owner, operator, or any employee of an establishment commits an offense if
he or she knowingly allows a minor to remain upon the premises of the
establishment during curfew hours.
C. DEFENSES
(1) It is a defense to prosecution under Subsection B (OFFENSES) that the minor
was:
(a) accompanied by the minor's parent or guardian;
(b) on an errand at the ducetion of the minor's pazent or guazdian, without
any detour or stop;
(c) m a motor vehicle involved in interstate travel;
(d) engaged in an employment activity, or going to or returning home from
an employment activity, without any detour or stop;
(e) involved m an emergency;
(f) 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 Kerr
County Sheriff's Department about the minor's presence;
(g) attending an official school, religious, or other recreational activity
supervised by adults and sponsored by Kerr County, 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 Kcr County, a civic organization, or another similar entity
that takes responsibility for the minor;
(h) 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
(i) married or had been married or had disabilities of minority removed in
accordance with Chapter 31 of the Texas Family Code.
(2) It is a defense to prosecution under Subsection (B)(3) that the owner, operator, or
employee of an establishment promptly notified the Kerr County Sheriff's
Deparment that a minor was present on the premises of the establishment during
curfew hours and refused to leave.
D. ENFORCEMENT
Before taking any enforcement action under this section, a peace officer or Kerr County
Sheriffs Department officer shall ask the appazent 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 subsection C is present.
E. PENALTIES
(1) A person who violates a provision of this chapter is guilty of a separate offense
for each day or part of a day during which the violation is committed, continued,
or pemvtted. Each offense, upon conviction, is punishable by a fine not to
exceed $500.
(2) When required by Section 51.08 of the Texas Family Code, as amended, the
justice court shall waive original jurisdiction over a minor who violates
subsection (B)(1) of this section and shall refer the minor to juvenile court.
SECTION 3. REVIEW:
That within six months after the initial enforcement of this order, the Kerr County Sheriff
shall review this order and report and make recommendations to the Kerr County Commissioners
Court concerning the effectiveness of and the continuing need for the order. The Kcrr County
Sheriff s report shall specifically include the following information:
(A) the practicality of enforcing the order and any problems with enforcement
identified by the Kerr County Sheriff s Department;
(B) the impact of the order on crime statistics;
(C) the number of persons successfully prosecuted for a violation of the order; and
(D) the county's net cost of enforcing the order.
SECTION 4. SEVERABILITY:
If any portion of this order is deemed to be in violation of the statutes or the Constitution
of Texas or the United States by a court of competent jurisdiction, said portion shall be severed
and the balance of the provisions contained in this order shall remain itt frill force and effect.
SECTION 5. EFFECTIVE DATE:
That this order shall take effect immediately from and after its passage and publication in
accordance with the provisions of state law, and it is accordingly so ordered.
Read and adopted this the _ day of
200 by a vote of ayes and _ nays.
County Judge
ATTEST:
County Clerk
THE STATE OF TEXAS
THE COUNTY OF KERR
I, JANNETT PIEPER, Clerk of the County Court and Ex-Officio Clerk of the Commissioners
Court of Kerr County, Texas, do hereby ceRify that the above and foregoing is a true and correct copy of
ORDER NO passed by the Commissioners Court on the day of
A.D. 200_, as the same appears of record in Volume ,Page , of the
Minutes of the Commissioners Court of Kerr County, Texas. TRANSCRIPT -OFFICIAL COURT
REPORTER'S TRANSCRIPT OF REGULAR COMMISSIONERS COURT SESSION,
_, 200_ - - 00 _. m. IN TESTIMONY WI IEREOF, I have hereunto set my
hand and seal of office at Kerrville, Texas, on this day of , A.D. 200_.
JANNETT PIEPER
Clerk of the County Court
and Ex-Officio Clerk of the
Corrunissioners Court of
Kerr County, Texas
By:
Linda Kneese, Deputy