ORDER N0.29271
TEEN CURFEW
Came to be heard this the 25`h day of July 2005, with a motion made by Commissioner
Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of
3-0-0 to extend the Teen Curfew for another year.
i . ~ ~
COMMISSIONERS' COURT AGENDA REQUEST
~~~~~
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: W.R. Hierholzer OFFICE: Kerr County Sheriffs Office
MEETING DATE: July 25, 2005 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss authorizing renewal of Ken County Teen Curfew law, which has expired due to
Section 4. -Sunset Provision of the Teen Curfew.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON _ _
NAME OF PERSON ADDRESSING THE COURT: Sheriff Hierholzer
ESTIMATED LENGTH OF PRESENTATION: 2 minutes
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, Govenunent Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON:
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 towards your request being addressed at the earliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court.
July 25, 2005
TO: Kerr County Judge Pat Tinley and
Kerr County Commissioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Kerr County Teen Curfew
Consider and discuss authorizing renewal of Ken County Teen Curfew
law, which has expired due to Section 4. -Sunset Provision of the Teen Curfew.
ORDER NO. 27483
RFPRCVRL RUTHO P.I2ING RENEWRL GF Y.ERR
COUNTY TEEN CURFEW
On this the 25th day of March 2002, upon motion made 6y
Cam missioner Griffin, seconded ny Commissioner 'Williams, with
Commissioners Griffin, Williamsr and Cwanty Judge Henneke
voting "RVE" and Commissioners Baldwin and Letz voting "NRY"r
said motion carrying 6y a majority vat er approving the Kerr
C w.mty teen curfew.
COMMISSIONERS' COURT AGENDA REQUEST
a LEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
A~'1/yam REVIEWED BY THE COURT.
ADE BY: Fred Heml 'r" OFFICE: County Jude
FETING DATE: March 25. 2002
JBIECT: (PLEASE BE SPECIFIC)
onsider and discuss renewal of Kerr County Teen Curfew.
XECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
AME OF PERSON ADDRESSING THE COURT:
STIMATED LENGTH OF PRESENTATION:
' PE-~~NNEL MATTER -NAME OF EMPLOYEE:
TIME PREFERRED:
County Judge
Timc 6or submitting this request for Court to assure that the matter is posted in accordance with Tige 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
REQUEST RECEIVED BY:
H[S REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

ll Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
repared for the Court's formal comsideration and action at tivte of Courl Meetings. Your cooperation will be
ppreciated end contnbute towards you request being addressed flt the earliest opportunity. See Agenda Request Rules
.dopted by Commissioners' Court.

ORDER N0. 26893
ADOPT GROPO5ED ORDER TO ESTgBlISH
COUNTY JUVENILE NOCTURNRL CURFEW FOR MINORS
Un thi5 the 26th tlay of February 2N01r upon nation ^ade by
Coaaissioner Griffin, seconded by Conaissioner• Williaesr 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 linits
of incorporated or chartered ^unicipalitiesr as aaend ed.
Coaaissioners Williams and Griffin indicated by raised hand in
favor of the notion. Coaaissioners Baldwin and Letz indicated
by raised hand that they were opposed to the action. Judge
Henneke voted in favorr the motion was adopted.

..,_, ^ No. 26893
An order establishing a carnty nocturnal curfew for minors in areas kcated in Kerr
County. Texas outside the city limits of ere incorporaterl or chaztered municipality.
BE IT ORDERED and ADOPTED by the Commissianus Court of Ken Cowty,
Texas:
SECTION 1. GENERAL PROVISIONS AND FINDINGS:
WHEREAS, the Kerr County Cowniasioners Court has determined, aceordirrg to the
rrori rarnt atatistia rveilabk, that SS%. of Km Comty's juvenile referrals for criminal acts
occur between the nocnwal hours oC t I:00 p.m. and 6:00 a.m., a span o[time which represents
only 29'/a of the 24 hour day; and
WHEREAS, persons under the age of 17 are particularty susceptibk by their lack of
mahrrity acrd experience to participate in udawful activities acrd W be victims of okkr
perpetrators of crime; and
WHEREAS, the Kerr County Commissioners Covet has en obligation to provide for the
protection of minors from each other and from other pawns, to ebe enforeemwt of pverrtal
~-. control ova and responsibility Fa children, fa the protectim of the general pubic, and for the
reduction oCthe incidence oCjwenile criminal activities; and
WHEREAS, the Ken County Commissioners Court has both the responsibility and the
authority W protect the health, safety, acrd general wolfaro of the eitvens of Kerr County, Texu, s
curfew Cor those under the age of 17 will be in the intaes[ of the public health, safety, and general
welfare and will help to attain the foregoing objeUives and to diminish the undesirable impact of
such conduct m the atiuns of Km County, Texas;
SECTION 2. SUBSTANTIVE PROVISIONS AND
NOW, THEREFORE, for the reasons cited above, the Kerr County Commissioners
Court hereby RESOLVES, ORDERS, and ESTABLISHES the following Order;
A. DEFINffIONS
In this order:
(1) COUNTY means areas bcatod N Kerr County, Texas, outside the city 1®its of
m incorporated m chartered municipality.
(2) CURFEIV HOURS means:
(a) 12:01 a.m, until 6:00 a.m, on every day of the week
(3) EMERGENCY means an unfceeseen combination of c'ucumatanees ce tta:
resulting stater tdu calls for immediue scion. The tam includes, but is not
limited to, a fire, s natural disaster, ce automobile aaidwt, or any situation
requiring immediate adios to prevent serious bodily injury ce loss of life.
(4) ESTABLISHMENT means arty privately owned glue of busiass operated Cor a
profit to wdich the public is invited, including but not limited m any place of
awttaudtt a entertainment.
(5) GUARDIAN means:
(n) a. person who, under court order, is the guardian of the person of a minor,
or
(a) a public or private age~y wild whom a minor has ban placed by a
coat.
(6) MINOR meant atry person less than 17 years o[ age.
(n OPERATOR menu any individud, fum, assodetian, p®mersdip, a ecepceadon
operating, managing, ce condueting arty establisdment. The term includes the
members ce pMnas of an association or partnership and tde o[ficecs of a
Wrporation.
(S) PARENT means a person svbo is:
(a) a natural parent, adoptive parent, orstep-parent of snottier persmr or
(e) at leas[ IS years of age and autfrorirtd try s parrnt or guardian to have
the tare and custody of a mirror.
(9) PUBLIC PLACB tneans arty place to which dre public ce a substantial group of
""" der public deer access and includes, but is not limited tq slrats, highways, and
the canmon neat of schools, hospitals, apartrnent houses, o1La buikdngs,
transport facilifics, and shops.
(30) REMAIN mans m:
(a) IinBFr ce stay: ce
(b) fail to leave premises when requested [o do so by a police officer or the
owns. operator. or other person in control of the prcmiaw.
(I1) SERIOUS BODII.Y iN7URY meant bodily injury flat creates n substantial risk
of dads a that causes death, serious permanent disfigurement, or protracted bss
ce impsicmeat of the [cation of any bodily member ce organ.
~° ^ B. OFFENSES
(I) A minor conunits m offense if ]u or she ramains to my public place a ~ the
pranisu of any establishment within the wanly during avfesv hours.
(2) A parad or guardim of a minor eoovaits m oHbnse if he ~ she know4ttgty
prnnits, or by insufficient tonhol allows, the minor to remain in arty public place
or oa the premises otarry atabL'shmw[ within the wumy during wrkw hours.
(3) The owner, opuator, or arty empbyee of m establishmem coaunits m offense if
he or she knowingly allows a minor to remain upon the pramisaa of the
establislunent during Curfew IaUCB.
C. DEFENSES
(1) It is a defense to prosewtion under Substdioa H (OFFENSES) that the minor
wu:
(a) aceompanied by the minors parent ar guardiaq
(b) on m ertaod at the dvoCtim of the mirors petal or guardian, withmn
mY delver or stop:
(c) in a motor vehicle involved is interstate travel;
(d) engaged N m emplayrneal acivity, ar going to or ttturning home from
m employment activity, without soy detour or stop;
(a) involved in m emergency;
(t) on the sidewalk abutting the minors ttsideace ar abutting the residence
of a aext-0oor neighbor if the neighbor did not complain to the Kerr
Cormty Shunt's Depettmay about the minors presence;
(g) attertdittg m acivity sponsored by Kar Comty, the City of Perrville, dre
City of Ingram, the town of Hmt, a school as m officially sponsored
activity, a religious arganirstioq a civic organiratioe or other similar
wtity, s wmmuoity sports orgmintioa or other recreational
orgeniation, which acivity is supervised by adults. who take
responsibility for the minors involved in said eaivity;
(h) going w a returning bane fran said activity, without arty detour or slop.
except a cravat a the raidaoccs of other minors involved in the same
activity to w~ tta minor in question is giving a ride tiom or to their
residence and picking than up at or leaving them at such tame;
(~ exercising First Amendment tights protected by the United States
Constimtioq such as the free axereise of religion. frcedom of spach, and
the right of assembly; ar
.-.
- " (j) married a Lad been marricd a had disabilities o[ mimriry removed in
actordmcro widr Chapter 31 of the Texas Family Code.
(2) It is a defense to praecrrtim undtt Subsectim (Bx3) that the awns, opaata, a
employee of m establishment prooyttly notdied the Kerr Comly ShaifCs
DepsMtatt that a minor was prescot m the premises of the establishmrnt doting
aufew hours and refused to leave.
D. ENFORCEMENT
Before taking any arfoicemrnt action miler this aectim, a peace otLctt a Kerr County
Sheriffs Depmunent otGea stall ask the apparent o[fendefs age and reason fa bring in the
public place. The ofliw shall not issue a citatim a make an errs[ miler this sxtim milers the
o1Lca reasonably believes that ao otfaue has occurred and that, based m arty resportse ud athtt
circrwstanas, no deface in subsectim C is praeot.
E. PENALTIES
(I) A pervert who violates a provisim of This ebapta is gtdty of a separate
offense fa each day a part of a day during whirl the violadm u canmittad,
continued, a parnitted Each offcese, open convietioo, is a clan c misdrnreermr
and is punishable by a floe not to exceed S500.
(2) When required by Sectim 31.08 of the Tares Family Code, as arneoded, the
~ justice cotvt shell waive original jtaisdiUim over a minor who violates
subsatim (Bxl) otthis sectim and stall refs the rnioor to juvenile coat
SECTION 3. REVIEW:
That within six months a&a the initid atforceroent of this ceder, the Kerr County Sheriff
shall review this ceder and report and make reconurtadatiau to the Kerr County Commissimers
Court eaKaaing the efkdiveness of and the oonr'~„'*9 aood fa the wdtt. TLe Kerr County
,_._. Sheriff s report shall specifically indude the following information:
(A) dte practicality of adorcing the ado aril sny problems with entae®eot
identifrod by the Kerr Camry SheritCs Department;
(B) the impact of the ado m txime statistics;
(C) the number of persons successfully prosecuted fa a violetioo of the adc, and
(D) the comity's net cost of eetoreing the ado.
SECTION 4, SITNSET PROVISION:
This ado stall terminate K 12:01 am m the one (1) year mniversary of its tdfective
date unless the Kerr County Carnmissioaas Court takes otLcid actim to renew a extad said
ado.
-, i--~ SECTION S. SEVERABILITY:
ff any portico of this order is deemed to be in violation of the statulu or the Constitution
of Tams a the United States by a ooutt of mmpdtat jurisdiction, said potion shell be severed
and the balance of the provitiona wotained in this a[da shall remain in full force and affect
SECTION 6. EFFECTIVE DATE:
That this order shall rake etfect n 12:01 a.m. oo April 1, 2001. The ceder shall be
published in acoordanw with the provisions of state Ltw, and it is accordingly so ordered.
Read end sdopud this the 26th day of February, 2001, by a vote oC 3 ayes and 2 nays.
~(1catmtyJ„a ~-' CSC
ATTEST:
ounly Cork
THE STATE OF TEXAS §
THE COUNTY OF KERR §
[, JANNETf PIEPER, Clerk of the Canty Court and Ex-Ollicio Cledc of the Camotissicners
Court of Kea Canty. Tang der hereby oeAi[y that the above aed foregoing is a tnw and correct copy of
,°^ lhdc Number 26897. p.ascd by the Commistimera Corot rm the 26th day of Fcbruoy, A.D. 2001. u
manifest of rewrd of the Mmutrs of tlrc Cammissioocrs Court of Xar County. Texu. IN TESTIMONY
W1IEREOF I hive heruauo att my hud and apl of offrce m Pcrrville, Texas, err this _L day d
t IJ[~t(Ch .AD. 2001.
~O~~ur$IONEgSCOG (.krk of the Cormry Court
aM Fx~cio Clerk ofthe
A Commiasiooaa Cant of
7} ~ ICar County, Taus
~~99_ -_~!~ ~ .DepuryClerk
pRDER Np. 26694
-- ~" TEEN CURFEW EFFEC7LVE DRTE
On this the 26th day of Febr•uar•y 2001, upon motion made by
Commissioner Williams, seconded by Commissioner Griffin, the
Court voted by a vote of 3-0-0, to amend artler No. 26893 to
become effective on Rpril 1st, 2001. '
~~CUI ~ Z °~ , ZOU Z
22 JUDGE HENNEKE: Let's skip down, if we can,
23 to Item Number 14 so we can allow the Sheriff to go back to
24 catching the bad guys if he needs to. Item Number 14 is
25 consider and discuss the renewal of the Kerr County teen
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curfew. As y'all may recall, this curfew was enacted
approximately a year ago. Section 4 of the actual order
provided in your packet has a sunset of one year, the
anniversary of which will be April 1st. If you're willing
to continue the curfew in place, we need to take action to
extend the order and the curfew. Sheriff, what are your
thoughts on this matter, sir?
SHERIFF HIERHOLZER: Thank goodness, we don't
write that many citations actually in violation of the
curfew. We do write quite a few warnings and things like
that. I think it's been an excellent tool for -- for
parents and for law enforcement on controlling a lot of
things after the hours of midnight with the kids under 17
years of age. It's -- it has really benefitted us. We
don't see near as many kids out during those hours, which
consequently, I could never say what crime's been saved from
happening, but I think it is a crime prevention tool and I'd
like to see it continue. And I'd still like to see the City
adopt one similar; otherwise, we're going to keep pushing
the kids back in the city.
JUDGE HENNEKE: Any questions or comments?
COMMISSIONER BALDWIN: I'd just like to point
out, as per the court order that's in our -- the original
court order that's in our packet, that I voted against it,
and I will again today, due to the fact it still doesn't
64
1 make any sense to me that the City of Kerrville does not
2 have any kind of ordinance, whereas out in the county we do
3	It just	doesn't -- it doesn't make sense to do the county
4	and not	do the city. I mean, if the City was to go along
5	with it	and put something into place, then -- then I think
6	my mind	would be changed. But it just -- we're just pushing
7	kids aro	und. We're doing nothing -- we're doing nothing
8	with thi	s thing, in my opinion.
9		SHERIFF HIERHOLZER: I think we're doing a
10	lot. Th	e City of Ingram does have one in place, and that's
11	where we	mainly -- you know, City of Kerrville also has, you
12	know, a	lot more officers on the streets than the County and
13	City of	Ingram can afford during those hours, which it does
14	help in	that. And, being perfectly honest, being a parent
IS	of a 16-	year-old, you know, it does help the parents, in my
16	opinion,	when you tell the kid you have to be in before
17	midnight	or anything else, 'cause it is a curfew violation.
18	It is a	law violation. I think that has helped a lot, you
19	know.	
20 COMMISSIONER BALDWIN: I tell my kid to be in
21 before midnight because he needs to be in before midnight.
22 SHERIFF HIERHOLZER: I agree.
23 COMMISSIONER BALDWIN: You know, that's
24 bottom line.
25 COMMISSIONER LETZ: If I could make a
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comment, I'm sure some of you have -- I originally voted
against it, was pretty outspoken against it. I still don't
like it. I know the Sheriff likes it from a law enforcement
standpoint, but I still am not in favor of a curfew.
COMMISSIONER GRIFFIN: At the time we adopted
the -- the original order, there was a very impassioned plea
by a group from my precinct, my constituents, Wayne Este and
others, and I thought that their arguments were very good in
favor of that at that time, and I still do. So, I will vote
in favor of extending the order.
COMMISSIONER WILLIAMS: You consider it a
useful tool? Did I hear you correctly?
SHERIFF HIERHOLZER: Yes, I do. Like I said,
we don't write very many citations, thank goodness, at all.
But I think it has been a useful tool, and most of the
businesses that get affected by it during the summer;
namely, like Crider's or places like that, we've had a few
little bumps in the road with them, but most of them have
now gotten to where what they do is, they announce it at
each one of their -- their dances and rodeos, that this is
the curfew, and they've really been helpful with us in
enforcing it.
COMMISSIONER GRIFFIN: Works well.
SHERIFF HIERHOLZER: Yeah.
JUDGE HENNEKE: Do I have a motion to extend
' 66
1 the curfew?
2 COMMISSIONER GRIFFIN: So moved.
3 COMMISSIONER WILLIAMS: Second.
4 JUDGE HENNEKE: Motion by Commissioner
5 Griffin, second by Commissioner Williams, that the Court
6 extend the Kerr County teen curfew. Any other questions or
7 comments? If not, all in favor, raise your right hand.
8 (Commissioners Williams and Griffin voted in
favor of the motion.)
9
10 JUDGE HENNEKE: All OppOSed, same Sign.
11 (Commissioners Baldwin and Letz voted against
the motion.)
12
13 JUDGE HENNEKE: County Judge votes aye.
14 Motion carries. That takes me up to six, guys. What's the
15 deal here? Okay. Let's return to the regular order. I
16 think we can take up Item Number 9; then we'll take our
17 break. Item Number 9, consider and discuss setting a date
18 and time for joint workshop with U.G.R.A. Board members to
19 discuss Kerr County Comprehensive Colonia Infrastructure
20 Study and Plan. Commissioner Williams.