Ord 2019-040/reestablishing the juvenile curfew for minors previously established by Ordinance No. 2009-28 and subsequently extended by Ordinance 2012-16

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(1) The minor was a high school graduate or has equivalent certification; (2) The minor was on an excused absence from his place of schooling; or (3) The minor's school was not in session. Sec. 54.080. Enforcement. (a) A peace officer, upon finding a minor in violation of subsection 54.078(a) will: (1) Ascertain the name and address of the minor; (2) Have the authority to issue a citation to the minor; and (3) Order the minor to go promptly home by a direct route. (b) A peace officer, upon finding a minor in violation of subsection 54.078(a), may take the minor into custody and deliver the minor to a Juvenile processing office if reasonable grounds exist to believe the minor has engaged in delinquent conduct or conduct indicating_a need for supervision as described in V.T.C.A., Family Code §51.03. (c) The parents of a minor may be cited for violation of subsection 54.078(b) upon the minor receiving a second citation for violation of subsection 54.078(a). Sec. 54.081. Penalty; referral to juvenile authorities. Any minor who violates subsection 54.078(a) is subject to the penalty provided in section 1.0 15 and is also subject to referral to juvenile authorities under V.T.C.A. Family Code, title 3. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict herewith are hereby repealed. SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction.