§ 20-63. Defenses.

(a)

It shall be a defense to prosecution under section 20-62 of this article that the minor was:

(1)

Accompanied by the minor's parent or guardian;

(2)

Accompanied by an adult designated by the parent or guardian to supervise the minor;

(3)

On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(4)

In a motor vehicle involved in interstate travel;

(5)

Engaged in lawful employment activity, or going directly to the employment activity or returning directly to the minor's residence from the employment activity, without any detour or stop;

(6)

Involved in an emergency;

(7)

On an errand made necessary by an illness, injury, or emergency;

(8)

On the sidewalk abutting the minor's permanent residence, or abutting the residence of a next door neighbor of the minor's permanent residence if the neighbor did not complain to the police department about the minor's presence thereon.

(9)

Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Pearland, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Pearland, a civic organization, or another similar entity that takes responsibility for the minor;

(10)

Engaged, participating in, or traveling to or from any event, function, or activity for which the application of section 20-62 of this article would contravene the minor's rights protected by the United States Constitution including but not limited to, First Amendment rights, such as the free exercise of religion, freedom of speech, or the right of assembly; or

(11)

Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code.

(b)

It is a defense to prosecution under section 20-62(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 the minor refused to leave.

(c)

It is a defense to prosecution under section 20-62 of this article that the minor has been directed by his or her parent or guardian to engage in a specific activity or to carry out expressed instructions, during the time that the minor is actually engaged in fulfilling those directions or responsibilities.

(Ord. No. 1012-1, § V, 2-22-10; Ord. No. 1012-2, § V, 5-19-14; Ord. No. 1012-3 , § V, 9-17-18)