ORDER NO. 26893

ADOPT PROPOSED ORDER TO ESTABLISH 
COUNTY JUVENILE NOCTURNAL CURFEW FOR MINORS

On this the 26th day of February 2001, upon motion made by
Commissioner Griffin, seconded by Commissioner williams, the
Court ordered by a vote of 2-2-1 to adopt the order
establishing a County Juvenile Nocturnal Curfew for Minors
in areas located in Kerr County, Texas outside the city limits
of incorporated or chartered municipalities, as amended.
Commissioner Williams and Griffin indicated by a raised hand in
favor of the motion,  Commissioner Baldwin and Letz, indicated
by a raised hand that they were opposed to the action, Judge Henneke voted
in favor, the motion was adopted.
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 e OFFICE: Courit~~e
MEETING DATE: February 26, 2001 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss adopting the proposed Order establishing a
County Juvenile Nocturnal Curfew for Minors.
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:
County 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 towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
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 Henn OFFICE: County Judge
MEETING DATE: February 26, 2001 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Public Hearing on the proposed Teen Nocturnal Curfew.
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:
County 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
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
.,
.__ . __ ~
„~
R~so~tifiati (3y
Board of Trustees
Kerrville Independent Schoo] District
February 21, 2001
WHEREAS, the proposed Order by the Kerr County Commissioners relative
to the teen curfew involves persons under the age of l7 and likely to be
students in our school or other schools in this county; and
WHEREAS, according to the most recent statistics available, that 58% of
Kerr County's juvenile referrals for criminal acts oecur between the hours
of 1 9:00 pm and 6:00 am; and
WHEREAS, the safety of our students outside of school is an important
consideration for their continued success in their classes; and
WHEREAS, a strong relationship exists between the amount of rest
students receive and their ability to be attentive and participate in their
learning; a curfew increases the likelihood of acquiring that needed rest;
and
WHEREAS, appropriate exceptions are proposed in the Order that take
into consideration the school calendar and schedule of activities provided
for teens by the District.
THEREFORE, the Board of Trustees of the Kerrville Independent School
District supports the efforts of the County to impose a standard of
conduct for teens relative to the hours during which they may be out in
public places.
.off.

~- r „z_

ruc rirv of
KERRVILLE, TEXAS
March 28, 2001
The Honorable Judge Fred Henneke
Kerr County Courthouse
700 Main Street
Kerrville, TX 78028
RE: Juvenile Curtew
Dear Judge Henneke:
co
At the meeting of March 27, 2001, the city council discussed the nocturnal curfew for
minors as proposed by the Kerr County Commissioners Court in your letter of March 1.
The safety of our community is a major concern of the city council.
The council received input from Police Chief Dickerson, staff and citizens regarding the
need to adopt a juvenile curfew ordinance for persons under the age of 17. After
lengthy discussion and review of statistics regarding juvenile crime during the proposed
curfew hours, the city council instructed staff to monitor the situation for future
consideration.
A review of the statistics for the year 2000 found that total juvenile arrests during the
curfew hours constituted only 0.6% of all crimes reported. Even if the number of
juvenile arrests is combined with the number of juvenile citations issued, the combined
total is only 0.86% of all crime reported during the hours of midnight and 6 a.m. While
juvenile crime is on the rise, it is not during the proposed curfew hours. Therefore, at
this time, the statistics do not support the need for a juvenile curfew ordinance inside
the city limits of Kerrville.
The city council instructed staff to continue to gather and monitor the available data and
report to council in six months with additional information to see if implementing a
juvenile curfew ordinance is warranted. I have instructed staff to share this information
with the commissioners court.
800 JUNCTION HIGHWAY •KERRVILLE, TEXAS 78028-5069 • 830/257-8000

.~ ~rv of
KERRVILLE, TEXAS
The Honorable Judge Fred Henneke
March 28, 2001
Page 2
Hopefully, the curfew in the county will reduce the increase in juvenile crime in the
affected area. The council takes the safety issue very seriously and looks forward to
working with the county and other faw enforcement agencies.
Sincerely,
Stephen P. Fine
Mayor
be
cc: City Council
Ron Patterson, City Manager
Chuck Dickerson, Police Chief
co
800 JUNCTION HIGHWAY •KERRVILLE, TEXAS 78028-5069 • 830/257-8000
No. 26893
An order establishing a county 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 1. 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 are particulazly 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 parental
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.
Tn 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. unti16:00 a.m. on every day of the week.
(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
(a) a public or private agency with whom a minor has bcen placed by a
court.
(6) MINOR means any person less than 17 yeazs of age.
(7) OPERATOR means any individual, fnm, 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
(a) at least 18 yeazs of age and authorized by a parent or guardian to have
the caze 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 wmmon azeas 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 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 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 parent or guardian;
(b) on an errand at the dvcetion of the minor's parent or guardian, without
any detour or stop;
(c) in a motor vehicle involved ut 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 Ken
County Sheriff s Departrnent 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 similaz
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) married or had been marred 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
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 requved 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 Kea 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 Kea 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. SUNSET PROVISION:
This order shall terminate at 12:01 a.m. on the one (1) yeaz anniversary of its effective
date unless the Kea County Commissioners Court takes official action to renew or extend said
order.
SECTION 5. 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 in full force and effect.
SECTION 6. EFFECTIVE DATE:
That this order shall take effect at 12:01 a.m. on April 1, 2001. The order shall be
published in accordance with the provisions of state law, and it is accordingly so ordered.
Read and adopted this the 26th day of February, 2001, by a vote of 3 ayes and 2 nays.
County Judge
ATTEST:
~_ . Z./
ounry Clerk
THE STATE OF TEXAS
THE COUN"f'Y OF KERB
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 true and correct copy of
Order Number 26893, passed by the Commissioners Court nn the 26th day of February. A.D. 2001, as
manifest of record of the Minutes of the Commissioners Court of Kerr County, Texas. IN TESTIMONY
WIIEREOF I have hereunto set my hand and seal of office at Kemille, Texas, on this ~_ day of
~~ L ~ ~ , A.D. 2001. ~ ~ d
JANNETT PIEPER -
~p~Nf ~~~OG l
U ~9
~s
"~CaUNTY,~~
Clerk of the County Court
and Ex-Officio Clerk of the
Commissioners Court of
Kerr County, Tcxas
By:
Deputy Clerk