UPDATED: San Marcos City Council Consider Reestablishing Juvenile Curfew

By Terra Rivers | Managing Editor

On Tuesday, the San Marcos City Council considered reestablishing a Juvenile Curfew in San Marcos.

Councilmembers were slated to hold a public hearing on the second of two readings on the ordinance, which would reestablish the curfew.

According to the agenda, Section 307.02 of the Texas Government Code requires that home-rule cities, which have established a juvenile curfew conduct periodic reviews of the ordinance to determine whether or not the ordinance should be continued.

The reviews are required before every third anniversary of the most effective date of the ordinance.

Interim Police Chief Bob Klett said the City of San Marcos’s juvenile curfew was established 25 years ago and has been a benefit to the community; the council missed the review deadline in April 2018, which caused the ordinance to expire.

During the first public hearing, Chief Klett said, “It’s not used as much anymore. I think the purpose back in ’94 when the ordinance was enacted was there was a much greater issue. But I think part of the effectiveness of the low numbers that we see is because the ordinance is effective.”

Councilmember Maxfield Baker expressed opposition to the ordinance.

“I am not comfortable with passing a juvenile curfew,” Baker said. “I think that it lends itself to opportunities where we’re potentially wrongfully stopping someone or being ageist in our approach with our younger members of the population.”

Chief Klett said juveniles can receive a warning or a citation for being out after curfew; however, there are exceptions, such as, if the juvenile is taking the most direct route home after working a late shift.

According to Chief Klett, there have been 90 cases of juveniles who have received a citation under the ordinance since 2015; 28 of those were dismissed by a deferral program.

“Three were dismissed through a plea bargain because there was something else going on with that case,” Chief Klett said. “Only five of those were convicted and paid a fine. Twenty-one were transferred to juvenile probation due to a more serious offense going on within the county system.”

Chief Klett continued to say that five cases are still open but marked deferred, and twenty-seven are open and have not appeared in court.  

“It really is a useful tool to help kids stay in school,” Chief Klett said. 

Chief Klett said the ordinance gives officers the justification to stop kids who are seen leaving campus and get them back into school.

The ordinance passed 6 to 1 with Councilmember Baker voting no.

Curfew Hours

(1) Eleven p.m. until 12:00 midnight on any Sunday, Monday, Tuesday, Wednesday or Thursday;

(2) Midnight until 6:00 a.m. on any day; and

(3) 9:00 a.m. until 2:30 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday