§ 10.20.030. Curfew—Affirmative defenses.  


Latest version.
  • A.

    It is a defense to prosecution under Section 10.20.020 that the minor was:

    1.

    Accompanied by the minor's parent;

    2.

    On an errand at the direction of the minor's parent, was using a direct route, and was carrying a written communication signed by the parent stating a brief description of the errand and that the named minor has consent to perform such errand;

    3.

    In a motor vehicle engaged in interstate travel, beginning, ending or passing through El Paso;

    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 driveway or yard of the minor's residence or on the sidewalk abutting the minor's residence;

    7.

    On the sidewalk abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about the minor's presence;

    8.

    Attending an official school, civic or religious activity or returning home by a direct route from an official school, civic or religious activity;

    9.

    Attending or traveling directly to or from an activity involving the exercise of First Amendment rights protected by the United States Constitution, including the free exercise of religion, freedom of speech, and the right of assembly;

    10.

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

    11.

    Accompanied by a person at least twenty-one years of age, and the minor was carrying a written communication signed by the parent stating the name of the person who is at least twenty-one years of age and accompanying the minor and that the named minor has consent to be in the company of that named person.

    B.

    Each of the foregoing defenses, and their several limitations, are severable, as hereinafter provided but reemphasized here.

(Ord. 12738 § 3, 1996: Ord. 10730 § 3, 1991: prior code § 15-17)