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Ord 2022-098/amending Chapter 54, miscellaneous offenses, of the San Marcos City Code by re-adopting and extending article 3, Curfew, creating curfew hours for minors;
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Ord 2022-098/amending Chapter 54, miscellaneous offenses, of the San Marcos City Code by re-adopting and extending article 3, Curfew, creating curfew hours for minors;
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Amending
Number
2022-098
Date
12/14/2022
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(2) of the definition of curfew hours in section 54.076 and the operator fails to <br /> post a sign at each entrance to the establishment containing the following or <br /> similar language: <br /> NOTICE OF CURFEW HOURS <br /> San Marcos City Ordinance <br /> Persons under 17 years of age are not to remain in this business during the <br /> following hours: <br /> 1. Between 11:00 p.m. and 12:00 midnight on any Sunday, Monday, <br /> Tuesday, Wednesday or Thursday. <br /> 2. Between 12:00 midnight and 6:00 a.m. of any day. <br /> Violations may be reported to the San Marcos Police Department. <br /> See. 54.079. Defenses. <br /> (a) It is a defense to prosecution under section 54.078 that the minor <br /> was: <br /> (1) Accompanied by the minor's parent; <br /> (2) On an errand that was reasonably necessary, in that an adult was <br /> unable or unavailable to perform the errand; the errand could not <br /> be postponed until after curfew hours; the errand was at the <br /> direction of the minor's parent; and the minor was using a direct <br /> route; <br /> (3) In a motor vehicle involved in interstate travel; <br /> (4) Engaged in an employment activity, including but not limited to <br /> newspaper delivery, and was using a direct route; <br /> (5) Involved in an emergency; <br /> (6) On the sidewalk abutting the minor's residence or abutting the <br /> residence of a next-door neighbor if the neighbor did not complain <br /> to a peace officer about the minor's presence; <br /> (7) Attending an official school or religious activity or returning home <br /> by a direct route from an official school or religious activity; <br /> (8) Exercising First Amendment rights protected by the United States <br /> Constitution, the free exercise of religion, freedom of speech and <br /> 4 <br />
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