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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the right of assembly; (9) Married or had been married or had disabilities of minority removed in accordance with V.T.C.A., Family Code ch. 31; or (10) Carrying a valid college identification card identifying the minor as a college student. (b) It is a defense to prosecution under section 54.078 with respect to the curfew hours described in subsection (3) of the definition of curfew hours in section 54.076 that: (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. (4) The minor is a home school student and was on an excused absence approved by a parent, guardian, or home school teacher. 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 iuvenile authorities. 5