East Texas Press (Timpson, Tex.), Vol. 37, No. 13, Ed. 1 Thursday, March 30, 2017 Page: 5 of 20
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Thursday, March 30, 2017 | Vol. 37 No. 13 | County News | A5
News from Garrison FUMC
Garrison FUMC is hosting our annual
soup and dessert luncheon Friday,
March 31, 2017 - 11:00 a.m. until
l:-00 p.m. the price is $5.00 for soup,
dessert, chips/crackers and a drink.
We will have both ‘eat in’ or “take
out” plates.
As an added bonus Elaine Flilburn’s
daughter, Claire, will show her jew-
elry for sale, and Kim Prince will
display her artwork to be available for
custom order.
Submitted by Elaine Prince
PUBLIC NOTICE
Garrison issues new curfew for minors
ORDINANCE NO. 17-001
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF GARRISON, TEXAS,
PROVIDING FOR CURFEW HOURS FOR
MINORS IN THE CITY; PROVIDING
DEFINITIONS RELATIVE TO CURFEW
HOURS FOR MINORS; REQUIRING THE
CITY POLICE DEPARTMENT TO MAKE
PERIODIC REPORTS TO THE CITY COUNCIL
REGARDING THE EFFECTIVENESS OF
THIS ORDINANCE ON THE COMMUNITY
AND THE PROBLEMS THIS ORDINANCE IS
INTENDED TO REMEDY; AND PROVIDING
FOR SAID ORDINANCE TO TAKE
EFFECT FROM AND AFTER ITS DATE OF
PUBLICATION.
WHEREAS, persons under the age of
seventeen (17) years are particularly 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 City of Garrison, Texas,
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, other local governments in
Texas that have adopted juvenile curfew ordinances
generally have experienced a decrease in juvenile
violence and crime by persons under the age
seventeen (17) years; and
WHEREAS, statistics from other
municipalities that have adopted juvenile curfew
ordinances reflect a decrease in violent offenses
committed against juveniles during curfew hours; and
WHEREAS, the city council has determined
that a curfew for those under the age of seventeen
(17) years will be in the best interest of the public
health, safety and general welfare and will help
attain the foregoing objectives and to diminish the
impact of such conduct on the citizens of the City of
Garrison.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
GARRISON, TEXAS:
Section 1. Definitions:
For the purpose of this section, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
Curfew hours mean:
(1) 11:00 p.m. on any Sunday, Monday, Tuesday,
Wednesday, Thursday, or Friday until 6:00 a.m. of the
following day;
(2) 12:01 a.m. until 6:00 a.m. on any Saturday or
Sunday.
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, an automobile
accident, or any situation requiring immediate action
to prevent serious bodily injury or loss of life.
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.
Guardian means:
(1) A person who, under court order is the guard-
ian of the person of a minor; or
(2) A public or private agency with whom a mi-
nor has been placed by a court.
Minor means any person under seventeen (17) years
of age.
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.
Parent means a person who is:
(1) A natural parent, adoptive parent, or step-
parent of another person; or
(2) At least eighteen (18) years of age and au-
thorized by a parent or guardian to have the care and
custody of a minor.
Public Place means any place to which the public
or 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.
Remain means to:
(1) Linger or stay; or
(2) 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.
Serious bodily injury means bodily injury that
creates a substantial risk of death or that causes
death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily
member or organ.
Section 2. Offenses
(1) A Minor commits an offense if he remains in
any public place or on the premises of any establish-
ment within the city during curfew hours.
(2) A parent or guardian of a minor commits an
offense if he knowingly permits, or by insufficient
control allows the minor to remain in any public
place or on the premises of any establishment within
the city during curfew hours.
(3) The owner, operator, or any employee of an
establishment commits an offense if he knowingly
allows a minor to remain upon the premises of the
establishment during curfew hours.
Section 3. Defense against curfew
It is a defense against curfew if the minor
was:
(1) Accompanied by the minor’s parent or guard-
ian;
(2) On an errand at the direction of the minor’s
parent or guardian, without detour or stop;
(3) In a motor vehicle involved in interstate
travel;
(4) Engaged in an employment activity, or going
to or returning home from an employment activity,
without detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s resi-
dence or abutting the residence of a next door neigh-
bor if the neighbor did not complain to the police
department about the minor’s presence;
(7) Attending a recreational or social activity
supervised by adults who take responsibility for the
minors; and, sponsored by a school, city, nonprofit
organization that sponsors or provides recreational
or social activities for minors; or, by going to and re-
turning home therefrom without any detour or stop.
(8) Attending a religious service, activity, or rec-
reational or social activity sponsored or provided by
a religious organization, or going to and returning
therefrom without any detour or stop;
(9) Exercising First Amendment Rights protected
by the United States Constitution, such as the free
exercise of religion, freedom of speech, and the right
of assembly; or
It is also a defense against curfew if the minor was:
(1) Married or had been married or had dis-
abilities of the minority removed in accordance with
chapter 31 of the Texas Family Code, as amended;
and
It is a defense to prosecution that if the owner,
operator, or employee of an establishment promptly
notified the police department that the minor was
present on the premises of the establishment during
curfew hours and refused to leave.
Section 4. Penalties
(1) A Person who violates a provision of this or-
dinance is guilty of an offense for each day, and part
of a day during which the violation is committed,
continued or permitted. Each offense, upon convic-
tion, is punishable by a fine not to exceed $500.00.
(2) When required by section 51.08 of the Texas
Family Code, as amended, the municipal court shall
wave original jurisdiction over a minor who violates
this ordinance and shall refer the minor to juvenile
court.
Section 5. Effective Date
This ordinance shall become effective immediately
upon its passage and publication as required by law.
PASSED, APPROVED AND ADOPTED by the
City Council of the City of Garrison, Texas on this,
the 13th day of February, 2017
Signed, Russell Wright, Mayor City of Garrison
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Bryant, Jack. East Texas Press (Timpson, Tex.), Vol. 37, No. 13, Ed. 1 Thursday, March 30, 2017, newspaper, March 30, 2017; Timpson, Texas. (https://texashistory.unt.edu/ark:/67531/metapth899131/m1/5/: accessed July 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Timpson Public Library.