No. MW-0558 (1982).

Case Date:December 31, 1982
Court:Texas
 
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Texas Attorney General Opinions 1982. No. MW-0558 (1982). December 31, 1982Opinion No. MW-558White Opinion No. MW-558Office of the Attorney General State of TexasHonorable Andy Kupper Hockley County Attorney Hockley County Courthouse Levelland, Texas 79336SYLLABUS: 1982-558 Re: Whether or not a city may enact a curfew ordinanceDear Mr. Kupper: You have requested an opinion concerning the legality of a proposed juvenile curfew ordinance by a city in Texas. The ordinance is set forth below: SUB-MINORS' CURFEW ORDINANCE Sec. ___. Definitions. In this ordinance the following definitions apply: (a) ESTABLISHMENT. Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited; (b) SUB-MINOR. Any person under the age of seventeen (17) years; (c) OPERATOR. Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment; and whenever used in any clause prescribing a penalty, the term 'operator' as applied to associations or partnerships shall include the members or partners thereof and as applied to corporations, shall include the officers thereof; (d) PARENT. Any natural or adoptive parent of a sub-minor, a guardian, or any adult person, 21 years of age or over, responsible for the care and custody of a sub-minor; (e) PUBLIC PLACE. Any public street, highway, road, alley, park, playground, wharf, dock, public building or vacant lot; (f) REMAIN. To loiter, idle, wander, stroll or play in or upon, or park or cruise in or upon any vehicle. Sec. ___. Unlawful Conduct of Sub-minor. (a) No sub-minor shall remain in or upon any public place or any establishment between the hours of 11 o'clock p.m. and 6 o'clock a.m. of the following day, official city time, except that on Fridays and Saturdays and nights next preceding school holidays the hours shall be from 12 o'clock p.m. midnight to 6 o'clock a.m. (b) The provisions of this section shall not apply to any sub-minor accompanied by a parent, or to a sub-minor upon an errand or other legitimate business directed by such sub-minor's parent, or to any sub-minor who is engaged in gainful lawful employment during the curfew hours. Sec. ___. Unlawful Conduct of Parents. (a) No parent shall knowingly permit any sub-minor to remain in or upon any public place or any establishment between the hours of 11 o'clock p.m. and 6 o'clock a.m. of the following day, official city time, except that on Fridays and Saturdays and nights next preceding school holidays the hours shall be from 12 o'clock p.m. midnight to 6 o'clock a.m. Sec. ___. Unlawful Conduct of Owners or Operators of Establishments. No operator of an establishment or their agents or employees shall knowingly permit any sub-minor to remain upon the premises...

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