Offenses

Article 1. Fighting, Disturbing the Peace, etc.

 

Section 11-1. Fighting, disturbing the peace, etc.

(a) If a person shall be in any public place or upon or near any private premises, and fight, use vociferous or vulgar language, yell, swear, display or fire firearms, or do anything calculated to disturb the peace, he shall, if convicted, be deemed guilty of a misdemeanor, and his punishment shall be fixed at a fine of not to exceed the maximum amounts as established by State Law. (Ordinance of 5-23-21, § 1.)

 

Article 2. Guns and Firearms

 

Section 11-11. Unlawful to discharge.

(a) It shall hereafter be unlawful for any person to discharge any gun or firearm at any place within the corporate limits of the City of White Deer, Texas. (Ordinance of 9-13-65, § 1.)

 

Section 11-12. “Gun or firearm” defined.

(a) For the purposes of this article, the term “gun or firearm” shall be defined as follows: Any pistol, revolver, rifle, pellet gun, B-B gun, or similar weapon. (Ordinance of 9-13-65, § 2.)

 

Section 11-13. Penalty.

(a) Any person who shall violate any provision of this article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not less than $1.00 and not more than $200.00 for each such violation. (Ordinance of 9-13-65, § 3.)

 

Section 11-14. Exceptions.

(a) Persons to be specifically excluded and accepted from the provisions of this article are peace officers and other authorized personnel in pursuing their official duties, persons licensed to carry a handgun and also private persons in defense of their property and in emergencies. (Ordinance of 9-13-65, § 4 and amended by this code.)

 

Article 3. Curfew

Section 11-20. Definitions.

[As used in this article the following words and terms shall have the meaning ascribed thereto:]

(a) Curfew Hours: means 12:01 A.M. until 6:00 A.M. daily

(b) Emergency: means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(c) Establishment: means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

(d) Guardian means:

  1. A person who, under court order, is the guardian of the person of a minor: or
  2. A public or private agency with whom a minor has been placed by a court.

(e) Minor: means any person less than seventeen (17) years of age.

(f) Operator: means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

(g) Parent: means a person who is

  1. A natural parent, adoptive parent, or step-parent of another person; or
  2. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

(h) Public Place: means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

(i) Remain: means to:

  1. Linger or stay; or
  2. Fail to leave premises when requested to do so by a police officer or the owner or operator, or other person in control of the premises.

(j) Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ. (Ordinance of 14-78, 2002; 14-78, 2000)

 

Section 11-21. Offenses.

(a) A minor commits an offense if he/she remains in any public place or on the premises of any establishment within the City during Curfew Hours.

(b) A Parent or Guardian of a Minor commits an offense if he/she knowing permits, or by insufficient control allows the Minor to remain in any public place or on the premises of any establishment within the City during Curfew Hours.

(c) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a Minor to remain upon the premises of the establishment during Curfew Hours. (Ordinance of 14-78, 2002; 14-78, 2000)

 

Section 11-22. Defenses.

(a) It is a defense to prosecution under Offenses that the Minor was:

  1. Accompanied by the Minor’s Parent or Guardian;
  2. On a errand at the direction of the Minor’s Parent or Guardian, without any detour or stop;
  3. In a motor vehicle involved in interstate travel;
  4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
  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 the Police Department about the Minor’s presence;
  7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of White Deer, a civic organization or another similar entity that has Undertaken responsibility of the Minor, or going to or returning home from such activity, without any detour or stop;
  8. Exercising First Amendment rights protected by the United States Constitution, such as the free Exercise of religion, freedom of speech, and the right of assembly; or
  9. Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code.

(b) It is a defense to prosecution that the owner, operator, or employee of an establishment promptly notify the Police Department that a Minor was present on the premises of the establishment during Curfew Hours and refused to leave. (Ordinance of 14-78, 2002; 14-78, 2000)

 

Section 11-22. Enforcement.

(a) Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense is present. (Ordinance of 14-78, 2002; 14-78, 2000)

 

Section 11-22. Penalties.

(a) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed the maximum amounts as established by State Law. (Ordinance of 14-78, 2002; 14-78, 2000)

 

Section 11-23 Periodic Review

(a) Article 3 of Chapter 11 must be reviewed and approved every third year for this to be in continuous effect.