Ord 2001-038 - Laserfiche WebLink

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2. Between 12:00 midnight and 6:00 a.m. of any day. Violations may be reported to the San Marcos Police Department. Sec. 54.079. Defenses. (a) It is a defense to prosecution under section 54.078 that the minor was: (1) Accompanied by the minor's parent; (2) On an errand that was reasonably necessary, in that an adult was unable or tmavailable to perform the errand; the errand could not be postponed until after curfew hours; the errand was at the direction of the minor's parent; and the minor was using a direct route; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, including but not limited to newspaper delivery, and was using a direct route; (5) Involved in an emergency; (6) On the sidewalk abutting the minor's residence or abutting the residence of a next- door neighbor if the neighbor did not complain to a peace officer about the minor's presence; (7) Attending an official school or religious activity or returning home by a direct route from an official school or religious activity; (8) Exercising First Amendment rights protected by the United States Constitution, the free exercise of religion, freedom of speech and 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. C:\TEMP\Curfcw readoption. doc 5