Texas statutes require every three years the City Council review the City’s Juvenile Curfew Ordinance. The current ordinance was last reviewed and approved for continuation on February 11, 2019. Texas Local Government Code Section 370.002, as added by the 74th Legislature, reads:
(a) Before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioners court of the county shall:
(1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy;
(2) conduct public hearings on the need to continue the ordinance or order; and
(3) abolish, continue, or modify the ordinance or order.
(b) Failure to act in accordance with Subsections (a) (1) - (3) shall cause the ordinance or order to expire.
TERMINOLOGY
The following terms are used in this report:
1. Minor – as defined in the City of Plano curfew ordinance, is any person under seventeen years of age.
2. Juvenile offense – determined by state law; means any conduct that violates a penal law of this state or a political subdivision; includes status offenses such as runaway and truancy; state law defines a juvenile as a person age ten, but under seventeen years of age.
OVERVIEW OF PLANO’S ORDINANCE:
From 1991 to 1994, with no curfew ordinance in effect, there was a rise in crimes involving minor offenders. In fact, from 1991 through 1993, the number of minors involved in violent offenses increased approximately 75 percent. Since the adoption of the ordinance in 1994, the overall number of offenses committed by minors during curfew hours has trended downward. Our curfew ordinance restricts minors from being in a public place, or on the premise of any establishment within the city, during curfew hours. Curfew hours are from 11:00 p.m. Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. the following day; and 12:01 am through 6:00 a.m. on any Saturday or Sunday. There are also penalties for parents and business owners who permit minors to engage in the prohibited conduct. The ordinance includes exemptions for minors who are out during curfew hours for certain specific purposes.
Additionally, state statutes prohibit enforcement of the ordinance on persons younger than age ten. In such cases, if appropriate, the parent or business owner is the recipient of any enforcement action. Attached to this memorandum for your convenience is a copy of the ordinance (Exhibit “A”).
The following is the Police Department’s analysis of the effects of the ordinance based on data from the Department and the Municipal Court.
DATA USED IN ORDINANCE REVIEW:
The Police Department, with the assistance of the Municipal Court Clerk’s office, the Plano Independent School District (PISD), and the Frisco Independent School District (FISD), reviewed data pertaining to the ordinance and its effects. A short summary of that information follows and is offered to the Council to facilitate their review.
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PISD reports that, as of the start of the 2021/22 school year, the population of enrolled elementary students is 22,174, which is a decrease of 2,780 students over the 2018/19 school year. FISD, which has four (4) elementary schools in Plano, reports the 2021/22 enrolled student population at Anderson, Borchardt, Riddle, and Taylor Elementary Schools is 2,942, a decrease of 3 students over the 2018/19 school year. The PISD middle school student population for 2021/22 is 11,861, a decrease of 467 students, while FISD’s Fowler Middle School in Plano, reports the 2021/22 middle school student population is 951, a decrease of 93 students from the 2018/19 school year. PISD high school (9th and 10th Grades) student population for the 2021/22 school year is 7,949, a decrease of 356 students from the 2018/19 school year. These student populations represent the vast majority of persons affected by the curfew ordinance, i.e. persons younger than 17 years of age.
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Nick Coleman, Plano Planner, reports the number of minors in Plano decreased approximately 4 percent from 62,943 in 2016 to 60,397 in 2019. As of this memorandum, 2020 and 2021 juvenile population data is not available.
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From January 1, 2019 through November 30, 2021, there were 118 minors arrested or cited for committing offenses during curfew hours; this does not include the 49 minors who were only cited for traffic violations. This is a 14 percent decrease from the 138 minors arrested or cited for committing offenses during curfew hours from 2016 – 2018 (Exhibit “B”).
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Police Department records indicate from January 1, 2019 through November 30, 2021, officers issued citations to 67 minors for violation of the Juvenile Curfew Ordinance. This is a 15 percent decrease from the 79 minors cited for violating curfew from 2016 – 2018 (Exhibit “C”).
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The Plano Municipal Court sees curfew violation citations as an opportunity to refer first time offenders into various programs that require parental cooperation to resolve the charges (Exhibit “D”). The violations normally result in the completion of various requirements of a deferred disposition, participation in Teen Court, and/or the performance of a specified number of community service hours.
According to municipal court records, from January 1, 2019 through November 30, 2021, 65 percent of the minors cited for violation of the Juvenile Curfew Ordinance either completed requirements for a deferred disposition or were referred to Teen Court.
Recommendation:
It is the position of the Police Department and the Municipal Court that the Juvenile Curfew Ordinance is an effective tool in providing for the protection of minors and the public and for the reduction of the incidence of juvenile criminal activities. It is the recommendation the City Council continue the Juvenile Curfew Ordinance in its current form.