| San Antonio Day Time Curfew Sec. 21-122. Offenses.
(a) It shall be
unlawful for a child to purposefully remain, walk, run, stand, drive or
ride about in or upon any public place in the City of San Antonio between
the hours of 10:30 p.m. and 6:00 a.m. on a Sunday, Monday, Tuesday,
Wednesday, or Thursday and between the hours of 12:00 a.m. (midnight) and
6:00 a.m. on Friday or Saturday.
(b) It shall be
unlawful for a child to purposefully remain, walk, run, stand, drive or
ride about in or upon any public place in the City of San Antonio between
the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday,
Thursday or Friday.
(c) It shall be
unlawful for the parent having legal custody of a minor to knowingly allow
or permit the minor to be in violation of the curfew imposed in sections
21-122(a) and 21-122(b).
(Ord. No. 74025, § 2, 7-25-91; Ord. No.
79327, § 1, 12-16-93; Ord. No. 86567, § 1, 9-4-97)
Sec. 21-123. Defenses.
It is a defense to
prosecution under section 21-122 of this article that:
(a) The minor was
accompanied by his or her parent;
(b) The minor was accompanied by
another adult approved by the parents;
(c) The minor was on
emergency errand;
(d) The minor was
attending a school, government sponsored, or religious activity or is
going to or coming from a school, religious, or government sponsored
activity without detour or stop.
(e) The minor was
engaged in a lawful employment or volunteer work at a recognized charity
institution or is going to or coming from such activity without detour or
stop.
(f) The minor was on
the sidewalk of the place where such minor resides or on the sidewalk of a
place where the minor has permission from his/her parent or guardian to be
or on the sidewalk of a next-door neighbor not communicating an objection
to the police officer;
(g) The minor was upon
an errand directed by his or her parent;
(h) The minor was in a
motor vehicle involved in intrastate or interstate transportation or
transportation for which passage through the curfew area is the most
direct route;
(i) The minor was
exercising his or her First Amendment Rights protected by the United
States or Texas Constitution, including but not limited to the free
exercise of religion, freedom of speech, and freedom of assembly;
(j) The minor was
married or had been married or had disabilities of minority removed in
accordance with Chapter 31 of the Texas Family Code.
(k) With respect to
section 21-122(b) of this article, that the offense occurred during the
scheduled vacation of or on a holiday observed by the school in which the
minor is enrolled; or that the minor has graduated from high school or
received a high school equivalency certificate; or that the minor has
permission to be absent from school or be in a public place from an
authorized school official. In the case of a child being educated in a
home school, a parent shall be deemed a school official.
(Ord. No. 74025, § 3, 7-25-91; Ord. No.
76419, §§ 2--4, 9-3-92; Ord. No. 79327, § 2, 12-16-93)
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