City of Beaumont Curfew Information

The only curfew in effect within the City of Beaumont is the existing juvenile curfew posted below. We are not included in the curfew ordered by Jefferson County for areas outside Beaumont city limits.

ARTICLE 12.03 CURFEW FOR MINORS*
Sec. 12.03.001 Purpose
The purpose of this article is to:

(1) Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city;

(2) Promote the safety and well-being of the city’s youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and

(3) Foster and strengthen parental responsibility for children.

(Ordinance 01-056, sec. 1, adopted 7/24/01; Ordinance 05-093, sec. 1, adopted 12/13/05; 1978 Code, sec. 9-1; Ordinance 08-111, sec. 1, adopted 11/25/08; Ordinance 11-086, sec. 1, adopted 11/15/11; Ordinance 14-063, sec. 1, adopted 11/12/14; Ordinance 17-073 adopted 11/7/17)

Sec. 12.03.002 Definitions
Curfew hours for minors.

(1) Sunday: 11:00 p.m. to 6:00 a.m.

(2) Monday: 11:00 p.m. to 6:00 a.m.

(3) Tuesday: 11:00 p.m. to 6:00 a.m.

(4) Wednesday: 11:00 p.m. to 6:00 a.m.

(5) Thursday: 11:00 p.m. to 6:00 a.m.

(6) Friday: 12:00 a.m. to 6:00 a.m.

(7) Saturday: 12:00 a.m. to 6:00 a.m.

Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset.

Establishment. Any privately owned or leased place of business or leased public facility operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms.

Guardian. A person who:

(1) Under court order, is the guardian of the person of a minor; or

(2) Is a public or private agency with whom a minor has been placed by a court.

Minor. Any person under seventeen (17) years of age who has not been emancipated by court order pursuant to chapter 31 of the Texas Family Code.

Operator. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

Parent. A person who is:

(1) A person who is a minor’s biological, adoptive, or stepparent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement);

(2) A person who is the biological or adoptive parent with whom a minor regularly resides;

(3) A person judicially appointed as a legal guardian of the minor; and/or

(4) A person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in subsection (1), (2) or (3) above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances).

Public place. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same.

Remain.

(1) Linger or stay at or upon a place (premises); or

(2) Fail to leave the place/premises when requested to do so by a police officer or the owner, operator, or other person in control of the place/premises.

Serious bodily injury. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(Ordinance 94-34, sec. 1, adopted 7/12/94; Ordinance 95-37, sec. 1, adopted 6/6/95; Ordinance 01-056, sec. 1, adopted 7/24/01; Ordinance 05-093, sec. 1, adopted 12/13/05; 1978 Code, sec. 9-2; Ordinance 08-111, sec. 1, adopted 11/25/08; Ordinance 11-086, sec. 1, adopted 11/15/11; Ordinance 14-063, sec. 1, adopted 11/12/14; Ordinance 17-073 adopted 11/7/17)

Sec. 12.03.003 Offenses
(a) It shall be unlawful for any minor to knowingly remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city during curfew hours for minors.

(b) A parent or guardian of a minor commits an offense if he or she knowingly permits, encourages, or by insufficient control allows a minor to remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city during curfew hours for minors.

(c) The owner, operator, or any employee of any private establishment or the lessee of any public facility commits an offense if he or she knowingly permits, allows, or encourages a minor to remain in or upon the premises of the establishment during curfew hours for minors.

(d) It shall be unlawful for any person (including any minor) to give a false name, address, date of birth, or telephone number to any officer investigating a possible violation of this section.

(Ordinance 94-34, sec. 1, adopted 7/12/94; Ordinance 01-056, sec. 1, adopted 7/24/01; Ordinance 05-093, sec. 1, adopted 12/13/05; 1978 Code, sec. 9-3; Ordinance 08-111, sec. 1, adopted 11/25/08; Ordinance 11-086, sec. 1, adopted 11/15/11; Ordinance 14-063, sec. 1, adopted 11/12/14; Ordinance 17-073 adopted 11/7/17)

Sec. 12.03.004 Defenses
(a) It is a defense to prosecution under offenses that the minor was:

(1) Accompanied by the minor’s parent or guardian;

(2) Accompanied by an adult authorized by a parent or guardian;

(3) On an errand at the direction of the minor’s parent or guardian, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor’s destination(s) and the hours the minor is authorized to be engaged in the errand;

(4) In a motor vehicle involved in interstate travel;

(5) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(6) Involved in a case of “reasonable necessity” after parental notification of the police;

(7) Involved in an emergency;

(8) 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;

(9) 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, as well as going to or returning home from the same, without any detour or stop;

(10) 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;

(11) Married or had been married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code; or

(12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop.

(b) It is a defense to prosecution under section 12.03.003(c) 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.

(Ordinance 94-34, sec. 1, adopted 7-12-94; Ordinance 01-056, sec. 1, adopted 7/24/01; Ordinance 05-093, sec. 1, adopted 12/13/05; 1978 Code, sec. 9-4; Ordinance 08-111, sec. 1, adopted 11/25/08; Ordinance 11-086, sec. 1, adopted 11/15/11; Ordinance 14-063, sec. 1, adopted 11/12/14; Ordinance 17-073 adopted 11/7/17)

About the Author:

Officer Carol Riley is a 27 year veteran of the Beaumont Police Department. She hired on in 1992 and is currently assigned to Beaumont Police Community Relations Unit. She is a law enforcement coordinator for Southeast Texas Crime Stoppers and a Public Information Officer for City of Beaumont Emergency Management.