ORDER NO. 31810 KERR COUNTY TEEN CURFEW Came to be heard this the 13th day of September, 2010, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4 -0 -0 to: Approve extending the Kerr County Teen Curfew for another year. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: W.R. Hierholzer OFFICE: Kerr County Sheriffs Office MEETING DATE: September 13, 2010 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: Sheriff Hierholzer ESTIMATED LENGTH OF PRESENTATION: 3 minutes IF PERSONNEL MATTER — NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with 'fide 5. Chapter 551 and 552, Government 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 Reque$t Rules Adopted by Commissioners' Court. September 13, 2010 To: Kerr County Judge Pat Tinley and Kerr County Commissioners' Court From: Sheriff W.R. Hierholzer RE: Kerr County Teen Curfew Consider, discuss and take appropriate action regarding extension of the Kerr County Teen Curfew for another year. 09/07/2010 14:11 8302577904 KERR COUNTY 90 PAGE 01/12 • Na 26893 An order estWlish:Mg a comity =turned mew for minors in mess located in Kerr County, Texas a rtddc the city limits °fan incorporated a shammed municipality. BE IT ORDERED ad ADOPTED by tlx Commission= Court of Kerr County, Tows: SECTION 1. GENERAL PROVISIONS AND FINDINGS: WHEREAS.ncc Kar Comity Cnrnirdssimns Court hum dctemdaml, eccculhigto the most remit aim amolebly diet SS% ofKcn Comity's juvenile enfants tor minimal acts ma between die nocturne* hours of 11:00 pm sad 6 :00 ant, a span of tune which ape:sesta only 29%vfthe 24 hour dc,; and WHEREAS, parsons a the age of 17 are particularly sastecciala by their Inch of maturity and experience to participate in uolmvIal activities and to be viaina of older laerpd[arera of critic and • WHEREAS, the Kerr Camay Cunmt imas Corot has an obligation to provide ds due pmtedion of mian tram each other and from other person, for the eo£otiaiat of parestal makol over and respawtb&ty for children, far the pmratiou of the seacal public, and for the reduction of the incidence ofiuvemle activities; and WHEREAS, Iba Ern Conroy 4banmis*eam Coat has both the nnsponsibili[y and the act6OChy to protect do heahb, slaty, and Seam! welfare of the ei itxse ofK Comity, Tnss, akin for !hose under the ago of 17 vat be in tic Smut of the public hukb, safety, and saicral are and will bdp to attain the faresoiog objectives and to &minitb the undesirable Imp= a wch cmdoct on ethos of Kerr Camay, Texas; • SECTION 2. SOBSTANT1VE PROVISIONS AND DEFINITIONS: Can bcrcby R ESOL ERS, FSTA& mowing ` -: a A. DEFINTIONS - Intbisordr: (1) COUNTY meets arms keeled in Ka r Canty. Is outside the csy hmilt of J a J aipmrpacated or cha creel mmt dpality_ (2) h,URFEW HOURS means: .(a) 12101 non until. 6:00 .m on every dry of the Meek 09/07/2010 14:11 8302577904 KERR COUNTY SO PAGE 02/12 • • (3) ICY man= an tadiresom combination of circumstances or the faulting state that eals for immediate action. me tam Modes, bit is not limited kk a fire, a natural disaster, or automobile accidm; or arty ablation requiring immediate action to pramsserious bodilyjaitay ark 5s «Fife. (4) ESTAELLSRMENT means any privately owned pLacc of business atcd for a )soot to which the public is invited, including bat not timbal to � plaos of amutanent at eMptabuneu , (5) GVAttIMAN means: (a) a paean 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 bra placed by a court ( 8111401Iincros any person test than 17 years of age. (7) OPERATOR means any individual, funk association. operating, managing, or condoning soy establishment The W en or includes the . members or prtnere of an association or partnership and the tames of a corporation. (8) PARENT mums a person who itc (a) a natural parent, adoptive parrot or step-warm ofanotherpecstgnr (a) at least 18 years of age and andsotrzed by a panne or guardian to have the cam and custody Ufa minor. (9) PUBLIC PLACE means any place to which the public or a substanlid group of the public has moms mad Shirks, but is not limited m, streaky highways, and the common tattles, and arms whoa hoapuais, amulmaut bra et Bee bacfrogs, ',.. shops. - (10) MUM mama tee (a) lmgaorury; or (b) fail lh leave premises when sew to do so by a police officer or the owner, operator, or other paean in control of the snni s. • (11) SERIOUS BODILY IN)URY means bodily iugay that mates * substantial risk of dath cc that ranter death, serious pmnrtau disfuserresent, or promoted lo ahn airn r at of the hmetlnn of say bodily member octagon. . • 09/07/2010 14:11 8302577904 KERR COUNTY SO PAGE 03/12 It. OIVENSE.S (1) A mu commits an offense if be or she remises is any public place a ea the premises of wry mtablielumeat within the county during =few home W A parent or guardian oC a mina commits an effuse if hex she Imowingly permits, or by r°°dficieat eea*al allows, the none to remain in say public place mac the premises of any establishment within tbe county Meng arthwbows. (3) The owner, operator, or any employee of an establishment commits an offense if he es she lmowingly allows a minor to remain upon the premises of the establishment Mirka curlew hours C DEFENSES (1) It is a dkfcrosc to prosecution under Subsection B (OFFENSES) that the huger waS: (a) acwmpesied by the wiawt'a parent or goatee; (h) on an armed at the direction of the minor's parent or guardian, wedrom any detour or stop; (e) in a motor vehicle involved in intestate travel; (d) cleated in an employment activity, or going to or gemming Lore flan ma employment activity, valiant any detour a atop; (e) involved in an emergency; (i) on the sidewalk abutting the minor's rrmitkoct or abating the r&dawc of s raabdoor neighbor if the neighbor did not complain to the Kar Carob Sbaf'a Department about the minor's p esetwie; (g) attmdmg as activity sponsored by Sag County, tie Coy of Kara the City of bgtam, the town of Humt, a achool as as officially spcuincd activity, a religions aganizalieo, a civk adcn or oti.t sin tar amity, a community spats organization or other reaatioal a iosr, winch activity is supavged by adenine, who tam rttpousibility for the mimes involved in said activity; (h) going to a Pluming home from said activity, withal may detour or atop. except to travel to the reaidoaccs of other minute involved in the same activity to Wawa the minor in t on is giving a ride from or to their mid= end �Picking titmup ator kering than etapdthome; (1) anaeiting F•ryw. Amendment rights protected by the United Staten Comemaaa, loch as the Ace exeacise of nallgten, Act of speech, mad rho right of assembly; or • • 09/07/2010 14:11 8302577904 KERR COUNTY SO PAGE 04(12 (i) married or had been married or had disabilities of *alacrity removed in with ampler 31 Of the Items Family Code. (2) It is a defense to proseeatioe ender Subsection (1)(3) that the aaa1 t operator. or employee of an estahbstennt ameepriy notified the Kerr Crory Sheriffs Department that a minx was presaa en the premises of the establishment during curfew boors and refaced to Its e. D. ENFORCEMENT Before taking any enforcement action under this section, s peace officer or Ken Cmmty Sheriffs Department od ica shall ask the apparent offender's age and reason for bring in the public place. The officer shall not issue a citation Of make an arrest Undtr this section unless the offiew resonabfy believes that an offense has ore nod and that, based on any response mad otfaer circumstances, nondefense in subsection C is piescnt E. PENALTIES A person mho violates a provision of this chapter is guilt? t srprnite offense Par each day or pan of a day during which the violation it committed, ,tinted, or permitted Each offense. upon conviction. is a taus e misdemeanor and is pu nishabte by a fate not to eared 5500. (2) Whom reg.tved by Section Sint of the Texas Family Code, as amended, the justice eosat shill waive original jurisdiction over a minor who vitiates saw MI) of this sedien and shall refer the tmnortojnvemleawn. SECTION 3. REVIEW: That within aix mamba after the initial enforcement of this order, the Kerr County Sbai1F shall review this order and report and at recommendations 10 the Karr County Commissioners Coat eoaoaSg the effectiveness of and the continuing aced for Poe rode_ The Kars County $baiffe mat shall specifically include the following ro[amatioa (A) the waaiutiry of enlacing the older mad auy problems with eafercana t identified by the Kerr Canty Sheriffs Department (B) taw impact cif the order on aline staastieg (C) the nmtber a /paacns ally prosecuted for a ViOWianoftlw «cite, sand ()j late oomels oat vast of eafeetattg the each. SECTION 4. SUNSET PROVISION: Ws coda shall termite ss tint aaa en�r ,ate (1) yen[ ern iversaty of its d$ctire date unless the Ken County Conamissimat Cam f cas official aaitm be renew or extend said order. f • 09/07/2010 14:11 8302577904 KERR COUNTY SO PAGE 05/12 • SECTION 5. SEVB RABILITY1 if ;my portion of this cedar is deemed to be in violation of the stand= or the Coi,stihrtim of Tors or the United States by a court of ecmpetcm juin:Sedan said potion shall bar severed and the beaux of tin provisions contained in this ado s rennin in fall font and effect. SECTION 6. EFFECTIVE DATE: That this order shall tako affect at 12;01 am on April 1, 2001. The order shall be published in accordant& with the provisions of nate law, and it is acoordiagly so ordered. • Read and adopted ibis tba 26th day of Fabr ly, 2001, by It unto of 3 ayes and 2 pays. ATTEST: - L a(9ak TEE STATE OF TEXAS i 777E COU$T] COFKERR 6 I. mrai61T PIEPER, Cloth of the County Court man IT o clerk et the Cora Cat of Karr County, Tag, do hereby tat* dud the above and foregoing is • non sad axle* copy of Order Number 26E93, waned by the Caonnimionrn evert an the 26th day of February, A.D. 2031. as manifest e/ noted of the Iambi* of the Corannalaxa Cant of Kar County, Texas- IN� to eresmo rat nq and of office at DerWia, Touts, xa m this of nch hem b , _. An hand and a . igli _ " Uighur a,ecawayCart 5 04 and Ht -0ffiao Clakofthe CamniacionersCourt of Ear Canty. Text / j > C • C 1