§ 22-102. Defenses.

It is a defense to prosecution under this division that:

(1)

The minor was accompanied by a parent.

(2)

The minor was accompanied by another adult approved by the parents.

(3)

The minor was on an emergency errand.

(4)

The minor was attending, or going to, or returning from, without any detour or stop, a school, religious, or other activity supervised by adults and sponsored by a government, a civic organization, church, or other similar entity that takes responsibility for the minor.

(5)

The minor was engaged in a lawful employment activity or was going directly to, or coming directly from, lawful employment without detour or stop.

(6)

The minor was on the sidewalk of the place where such minor resides, or on the sidewalk of a place where the minor had permission from a parent or guardian to be, or on the sidewalk of a next-door neighbor not communicating an objection to the police officer.

(7)

The minor was upon an errand directed by a parent without any detour or stop.

(8)

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.

(9)

The minor was exercising his First Amendment rights protected by the United States of America and Texas Constitutions including, but not limited to, the free exercise of religion, freedom of speech and the right of assembly.

(10)

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

(11)

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.

(Code 1982, § 18-33; Ord. No. 95-30, § 2, 8-7-1995; Ord. No. 01-14, § 2, 4-2-2001; Ord. No. 05-50, § 2(18-7-3), 10-23-2005; Ord. No. 10-33, § 1(18-33), 12-6-2010)