Title
Conduct a public hearing and consider adopting Ordinance No. 3244 amending, continuing, and readopting the curfew hours for minors and take appropriate action.
Body
BACKGROUND:
The Texas Local Government Code Section 370.002 requires a review and renewal of any existing curfew ordinance before the third anniversary of the date of adoption and every third year thereafter. The existing curfew Ordinance No. 3102 will expire November 1, 2013.
In 1971, the Farmers Branch City Council adopted an ordinance establishing curfew hours for minors along with parental responsibility for contributing to the neglect or delinquency of minor children. In 1995, Ordinance No. 2217 was adopted to comply with legal standards on curfews set forth by rulings of the federal courts.
In 2004, Ordinance No. 2794 was adopted requiring a minor who is out during curfew hours to possess a note from his or her parent or guardian. It also added certain defenses to prosecution for businesses that allow a minor to stay on their property after curfew. Other changes added a severability clause allowing the ordinance to remain in effect in its entirety even if specific portions are found to be invalid or unconstitutional.
In 2007, Ordinance No. 2937 was adopted to continue the provisions of the current ordinance and established a fine of no more than $500 for violators of the ordinance.
DISCUSSION:
The proposed Ordinance No. 3244 maintains the curfew hours of 11 p.m. Sunday through Thursday until 6 a.m. of the following day, and midnight until 6 a.m. on Saturday and Sunday for individuals under 17 years old.
The purpose of a curfew ordinance is to prevent underage children from committing crimes and from becoming victims of crime. Ordinance No. 3102 has proven to have a positive effect on the community; it has authorized police officers to interview and detain minors who would have otherwise remained unsupervised during late night hours.
Since 2010, there have been 34 citations issued for curfew violations. Eleven of these citations were taken against known gang members or their affiliates; 65% of the minors cited were habitual juvenile offenders. Not included in these numbers are contacts made by officers when the juvenile was temporarily detained and released back to the parent or guardian in the field.
Since 2010, 201 minors were victims of reported criminal offenses. Only 25 minors who were out during late night hours in violation of Ordinance No. 3102 were the victims of a reported crime. Without the curfew ordinance, the unsupervised minors encountered by police officers would become potential victims of crime during the prohibited hours.
Renewal of this ordinance provides Farmers Branch Police with the tools to better protect our city by preventing underage children from being potential victims or perpetrators of crime during prohibited hours.
This ordinance supports Core Value No. 1 to provide safety and security for citizens, visitors and businesses through progressive public safety programs.
RECOMMENDATION:
City Administration recommends adopting Ordinance No. 3244 amending, continuing, and readopting the curfew hours for minors.
ACTIONS:
1) Motion to adopt Ordinance No. 3244 amending, continuing, and readopting the curfew hours for minors.
2) Motion to deny Ordinance No. 3244 amending, continuing, and readopting the curfew hours for minors.
3) Motion to modify to meet the needs of the Council.
4) Motion to table the issue for further study or take no action.
ATTACHMENTS:
1. Ordinance No. 3244
2. Local Government Code § 370.002