ORDER NO. 30383
TEEN CURFEW
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Extend the Kerr County Teen Curfew for another year.
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COMMISSIONERS' COURT AGENDA REQUEST
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PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REOUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: W.R Hierholzer OFFICE: Kerr County Sheriffs Office
MEETING DATE: July 23.2007 TIME PREFERRED:
SUBJECT:
Consider, discuss and take appropriate action regarding extension of the Kerr County Teen Curfew for
another year.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Chief Deputy Barton for SheriffHierholzer
ESTIMATED LENGTH OF PRESENTATION: _____3_minutes
1F PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Corm to assure that the wafter is posted in accordance with Title S, Chapter 551 and
552, Government Code, is as follows:
~--- Meeting scheduled for Mondays: 5:0(? 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 contnbute towards your request being addressed at the earliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court.
July 23, 2007
TO: Kerr County Judge Pat Tinley and
Kerr County Commissioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Ken County Teen Curfew
Consider, discuss and take appropriate action regarding extension of the
Ken County Teen Curfew for another year.
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.
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, 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 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 welfare of the citizens of Kerr County, Texas, a
curfew for those under the age of i7 wili 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 Z. 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) ~URFEW 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 guardian of the person of a minor;
or
(a) a public or private agency with whom a minor has been placed by a
court.
(6) MINOR means any person less than 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
(a) at least 18 yeazs of age and authorized by a parent 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 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 impair~nt of the function of any bodily member or organ.
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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 guazdian of a Honor 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 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 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 off'fiicially sponsored
activity, a religious organizatioq a civic organization or other similar
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 F~ t Amendment rights protected by the United States
Constitutioq tuch as the free exercise of religion, freedom of speech, and
the right of assembly; or
(j) 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
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 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)(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. SITNSET PROVISION:
This order shall terminate at 12:01 a.m. on a one (1) year anniversary of its effective
date unless the Kerr County Commissioners Court tes 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:
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aunty 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 certify that the above and foregoing is a true and correct copy of
Order Number 26893, passed by the Commissioners Court on 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
~F I have hereunto set my hand and seal of office at Kerrville, Texas, on this _~ day of
~ , A.D. 2001. ,
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cCUNTY,~~
JANNETT PIEPER
Clerk of the County Court
and Ex-Officio Clerk of the
Commissioners Court of
Kerr County, Texas
By:
Deputy Clerk