San Antonio recently renewed it’s daytime youth curfew which is considered a “model” for the nation. It’s goal is keep unsavory youth off of the street. Of course, that wouldn’t include homeschoolers but you never know. This ordinance is especially troublesome for teenagers so you might want to provide them with some sort of identification or note from you.
I’m not a lawyer and I don’t play one on tv so please don’t consider this legal advice. Juvenile law is even weirder, then adult law. Juveniles aren’t “guilty” or “not guilty” and have acceptable “defenses” and such. Therefore, I present the following information to the best of my knowledge. Please feel free to send me any corrections or additions.
Curfew Type by City
|Day Time||Night Time|
|Hill County Village||yes||yes|
San Antonio Day Time Curfew
Sec. 21-122. Offenses.
(a) It shall be unlawful for a child to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the City of San Antonio between the hours of 10:30 p.m. and 6:00 a.m. on a Sunday, Monday, Tuesday, Wednesday, or Thursday and between the hours of 12:00 a.m. (midnight) and 6:00 a.m. on Friday or Saturday.
(b) It shall be unlawful for a child to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the City of San Antonio between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday or Friday.
(c) It shall be unlawful for the parent having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in sections 21-122(a) and 21-122(b).
(Ord. No. 74025, § 2, 7-25-91; Ord. No. 79327, § 1, 12-16-93; Ord. No. 86567, § 1, 9-4-97)
Sec. 21-123. Defenses.
It is a defense to prosecution under section 21-122 of this article that:
(a) The minor was accompanied by his or her parent;
(b) The minor was accompanied by another adult approved by the parents;
(c) The minor was on emergency errand;
(d) The minor was attending a school, government sponsored, or religious activity or is going to or coming from a school, religious, or government sponsored activity without detour or stop.
(e) The minor was engaged in a lawful employment or volunteer work at a recognized charity institution or is going to or coming from such activity without detour or stop.
(f) The minor was on the sidewalk of the place where such minor resides or on the sidewalk of a place where the minor has permission from his/her parent or guardian to be or on the sidewalk of a next-door neighbor not communicating an objection to the police officer;
(g) The minor was upon an errand directed by his or her parent;
(h) The minor was in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area is the most direct route;
(i) The minor 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;
(j) The minor was married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code.
(k) With respect to section 21-122(b) of this article, that the offense occurred during the scheduled vacation of or on a holiday observed by the school in which the minor is enrolled; or that the minor has graduated from high school or received a high school equivalency certificate; or that the minor has 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)