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 CURFEW ORDINANCE


The basics of the City of Keene Curfew Ordinance is shown below.
To see the ordinance in its entirety
click here.

City of Keene Curfew Ordinance


CURFEW HOURS
 
                (a)         11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and
                (b)         12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.

OFFENSES
 
                (1)          A minor (any person under 17 years of age) commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
 
                (2)          A parent or guardian of a minor commits an offense if he or she knowingly 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.
 
                (3)          The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
 
DEFENSES
 
                (1)          It is a defense to prosecution under division (B) that the minor was:
 
                                (a)          Accompanied by the minor's parent or guardian;
 
                                (b)          On an errand at the direction of the minor's parent or guardian, without any detour or stop;
 
                                (c)           In a motor vehicle involved in interstate travel;
 
                                (d)          Engaged in an employment activity, or going to or returning from home, from an employment activity, without any detour or stop;
 
                                (e)          Involved in an emergency;
 
                                (f)           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;
 
                                (g)          Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor;
 
                                (h)          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; and/or
 
                                (i)           Married or had been married or had disabilities of minority removed in accordance with Tex.  Family Code Ch. 31. (2) It is a defense to prosecution under division (B)(3) 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 refused to leave.
 
ENFORCEMENT     Before taking any enforcement action under this section, an 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 in division (C) above is present.