§ 21-123. Exceptions.

It shall not be a violation of section 21-122 of this article that:

(a)

The child was accompanied by his or her parent, guardian or another adult approved by the parents;

(b)

The child was on emergency errand directed by his or her parent or guardian;

(c)

The child was attending a school, government sponsored, or religious activity or was going to or coming from a school, religious, or government sponsored activity without detour or stop;

(d)

The child was engaged in a lawful employment or volunteer work at a recognized charity institution or was going to or coming from such activity without detour or stop;

(e)

The child was on the sidewalk of the place where such child resides or on the sidewalk of a place where the child had permission from his or her parent or guardian to be;

(f)

The child was in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area was the most direct route;

(g)

The child was exercising his or her First Amendment Rights protected by the United States or Texas Constitution, including, but not limited to the free exercise of religion, freedom of speech, and freedom of assembly;

(h)

The child is married or had been married or had disabilities of minority removed in accordance with V.T.C.A., Family Code ch. 31.

(i)

With respect to subsection 21-122(b) of this article, that the violation occurred during the scheduled vacation of or on a holiday observed by the school in which the child was enrolled; or that the child had graduated from high school or received a high school equivalency certificate; or that the child had 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 shall be deemed a school official.

(Ord. No. 74025, § 3, 7-25-91; Ord. No. 76419, §§ 2—4, 9-3-92; Ord. No. 79327, § 2, 12-16-93; Ord. No. 2009-06-04-0445, § 2, 6-4-09; Ord. No. 2012-05-17-0357, 5-17-12; Ord. No. 2018-05-31-0402 , § 2, 5-31-18)

Editor's note

Ord. No. 2018-05-31-0402 , § 2, adopted May 31, 2018, amended § 21-123 and in so doing changed the title of said section from "Defenses" to "Exceptions" as set out herein.