§ 21-143. Defenses.

(a)

It is a defense to prosecution under chapter 21, article VII, section 21-142, subsections (b), (c), (d), (e), or (f), of the Code of Ordinances of the City of Laredo that:

(1)

The minor is accompanied by his or her parent or legal guardian or spouse.

(2)

The minor is upon an errand by his or her parent or spouse, or one made necessary by an emergency.

(3)

The minor is in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through a curfew area is the most direct route.

(4)

The presence of the minor is connected with or required with respect to a religious activity or a business, trade, profession or occupation in which such minor is lawfully engaged.

(5)

The minor is 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.

(6)

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

(7)

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

(8)

The minor is moving by a direct route through a curfew area or to his or her home or school in a curfew area.

(9)

The minor is on the sidewalk of the place where such minor resides or on the sidewalk of either next-door neighbor and who is not communicating an objection or complaint as to the presence of the minor to the police officer.

(10)

The minor has a duly authorized and signed written permission to leave campus endorsed by a school official or administrator.

(11)

The minor has a duly authorized and signed school issued off-campus pass, endorsed by a school official or administrator.

(b)

It is a defense to prosecution under subsections 21-142(e) or (f) 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 had refused to leave.

(c)

With respect to the hours between 8:30 a.m. and 3:30 p.m. on Monday, Tuesday Wednesday, Thursday, and Friday only, it is a defense that the school which the minor attends was not in regular session, or is on a school-authorized and permitted off-campus lunch period, or that the minor is a high school graduate or has equivalent certification, or that the minor is on an excused absence from his or her place of schooling.

(d)

It is not a defense to prosecution under subsection 21-142(a) of the Code of Ordinances of the City Laredo that the minor has been expelled from school by a properly authorized school official or administrator in accordance with that school or school districts policies and procedures.

(Ord. No. 2011-O-092, § 1, 8-1-11)