YOUTH CURFEW

San Antonio City Code ch. 21, art. V

in effect

San Antonio City Code § 21-121 Definitions.

Sec. 21-121. - Definitions. [As used in this article the following words and terms shall have the meanings respectively ascribed:] (a) Child shall mean any person who is ten (10) years of age or older and under seventeen (17) years of age; or, seventeen (17) years of age or older and under eighteen (18) years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before seventeen (17) years of age. (b) Parent shall mean a person who is the natural or adoptive parent of a person. As used herein, "parent" shall also include a court appointed guardian or other person eighteen (18) years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a person. (c) Guardian shall mean any person to whom custody of a child has been given by a court order. (d) Emergency shall include but not be limited to fire, natural disaster, an automobile accident, or obtaining immediate medical care for another person. (e) Public place shall mean any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (f) Juvenile curfew processing office shall be consistent with V.T.C.A., Texas Code of Criminal Procedure Art. 45.059 and shall include the Juvenile Case Management Section of the San Antonio Municipal Court. (Ord. No. 74025, § 1, 7-25-91; Ord. No. 76419, § 1, 9-3-92; Ord. No. 2012-05-17-0357, 5-17-12; Ord. No. 2018-05-31-0402, § 2, 5-31-18)

San Antonio City Code § 21-122 Violations and offenses.

Sec. 21-122. - Violations and offenses. (a) It shall be a violation of this article for a child to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the city between the hours of 11:00 p.m. and 6:00 a.m. (b) It shall be a violation of this article for a child to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the city between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday or Friday on school days only. (c) It shall be unlawful for the parent or guardian having legal custody of a child to knowingly allow or permit the child to be in violation of the curfew imposed in subsections (a) and (b). (Ord. No. 74025, § 2, 7-25-91; Ord. No. 79327, § 1, 12-16-93; Ord. No. 86567, § 1, 9-4-97; Ord. No. 2009-06-04-0445, § 2, 6-4-09; Ord. No. 2012-05-17-0357, 5-17-12; Ord. No. 2018-05-31-0402, § 2, 5-31-18)

San Antonio City Code § 21-123 Exceptions.

Sec. 21-123. - Exceptions. It shall not be a violation of section 21-122 of this article that: (a) The child was accompanied by his or her parent, guardian or another adult approved by the parents; (b) The child was on emergency errand directed by his or her parent or guardian; (c) The child was attending a school, government sponsored, or religious activity or was going to or coming from a school, religious, or government sponsored activity without detour or stop; (d) The child was engaged in a lawful employment or volunteer work at a recognized charity institution or was going to or coming from such activity without detour or stop; (e) The child was on the sidewalk of the place where such child resides or on the sidewalk of a place where the child had permission from his or her parent or guardian to be; (f) The child was in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area was the most direct route; (g) The child was exercising his or her First Amendment Rights protected by the United States or Texas Constitution, including, but not limited to the free exercise of religion, freedom of speech, and freedom of assembly; (h) The child is married or had been married or had disabilities of minority removed in accordance with V.T.C.A., Family Code ch. 31. (i) With respect to subsection 21-122(b) of this article, that the violation occurred during the scheduled vacation of or on a holiday observed by the school in which the child was enrolled; or that the child had graduated from high school or received a high school equivalency certificate; or that the child had permission to be absent from school or be in a public place from an authorized school official. In the case of a child being educated in a home school, a parent shall be deemed a school official. (Ord. No. 74025, § 3, 7-25-91; Ord. No. 76419, §§ 2—4, 9-3-92; Ord. No. 79327, § 2, 12-16-93; Ord. No. 2009-06-04-0445, § 2, 6-4-09; Ord. No. 2012-05-17-0357, 5-17-12; Ord. No. 2018-05-31-0402, § 2, 5-31-18)

San Antonio City Code § 21-124 Enforcement procedure.

Sec. 21-124. - Enforcement procedure. (a) Any peace officer, upon finding a child in violation of section 21-122 of the City Code, may transport the child to the juvenile curfew processing office in accordance with V.T.C.A., Code of Criminal Procedure Art. 45.059(a)(3). Upon transport, the peace officer may determine the name and address of the child, and the name and address of his or her parent(s) or guardian(s) and may issue a warning notice or a citation to the parent(s) or guardian(s) of the child. (1) Upon issuance of a citation, a complaint will be filed against the parent(s) or guardian(s) in municipal court for violation of City Code subsection 21-122(c). The police department shall file all necessary legal papers, supply all necessary documentation, and provide necessary testimony as required for pursuing violation of this article by any parent(s) or guardian(s). (Ord. No. 74025, § 4, 7-25-91; Ord. No. 86567, § 2, 9-4-97; Ord. No. 2009-06-04-0445, § 2, 6-4-09; Ord. No. 2012-05-17-0357, 5-17-12; Ord. No. 2018-05-31-0402, § 2, 5-31-18)

San Antonio City Code § 21-125 Penalties.

Sec. 21-125. - Penalties. (a) Any child violating the provisions of this article may be referred to the Juvenile Case Management Section of the San Antonio Municipal Court/Truancy Court. (b) Parent(s) or guardian(s) of a child violating this article shall be guilty of a misdemeanor, which shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). (c) In assessing punishment for either any parent(s), or guardian(s), the municipal court judges are encouraged to consider the community service program. (Ord. No. 74025, § 5, 7-25-91; Ord. No. 2012-05-17-0357, 5-17-12; Ord. No. 2018-05-31-0402, § 2, 5-31-18)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH21OFMIPR_ARTVYOCUFetched: 10/27/2026