§ 54-40. Defenses.

(a)

It shall be a defense to prosecution under section 54-39 that a minor was:

(1)

Accompanied by the minor's parent or guardian;

(2)

On an errand at the direction of the minor's parent or guardian; provided, however, that the minor has in his/her possession at the time he/she is stopped by law enforcement personnel, a written notation signed by the parent or guardian authorizing the errand;

(3)

In a motor vehicle involved in intrastate or interstate travel, and traveling by a direct route between the point of departure and destination;

(4)

Engaged in a lawful employment activity, or going directly to the employment activity, or returning directly to the minor's residence from the employment activity;

(5)

Involved in an emergency;

(6)

On an errand made necessary by a verifiable illness, injury, or emergency;

(7)

On the sidewalk abutting the minor's permanent residence or abutting the residence of a next-door neighbor of the minor's permanent residence, if the neighbor did not complain to the police department about the minor's presence at their residence;

(8)

Attending a school, religious, or government-sponsored or other civic activity supervised by adults and sponsored by an educational, religious, or governmental institution, civic organization, or other similar entity, or traveling directly to, or returning from, any such activity;

(9)

Engaged, participating in, or traveling to or from any event, function, or activity for which the application of section 54-39 would contravene the minor's rights protected by the United States Constitution including, but not limited to, First Amendment rights such as the free exercise of religion, freedom of speech, or the right of assembly;

(10)

Married or had been married or had disabilities of minority removed in accordance with Texas Family Code ch. 31; or

(11)

With respect to the hours between 7:00 a.m. and 2:30 p.m. only, that the offense occurred during the school summer vacation break period of the school in which the minor is enrolled or on a holiday observed by the closure of classes in the school in which the minor is enrolled or that the minor has graduated from high school or received a high school equivalency certificate; or that the minor has permission to be absent from school or be in a public place from an authorized school official. In the case of a child being educated in a home school, a parent or guardian shall be deemed a school official.

(b)

It is a defense to prosecution under section 54-39 that the minor has been directed by his/her parent or guardian to engage in a specific activity or to carry out expressed instructions, during the time that the minor is actually engaged in fulfilling those directions or responsibilities.

(c)

It is a defense to prosecution under section 54-39(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and the minor refused to leave.

(Ord. No. 423, § 5, 1-24-2011)