City council approves juvenile curfew ordinance

San Marcos’ juvenile curfew ordinance remains in effect for the foreseeable future, following a vote of the San Marcos City Council.

The council voted 5-2 on Tuesday to approve Ordinance 2022-98, creating curfew hours for minors; removing sections related to establishments and operators; setting out violations and defenses; establishing penalties for the violation thereof; providing for the publication; and declaring an effective date.

The first public hearing on the juvenile curfew ordinance was held Tuesday, Nov. 15. At its November meeting, the council added amendments changing the fine amount for curfew violations to $50 and requiring the city to collect and present data around the use of the curfew policy upon each renewal.

The ordinance sets a daytime curfew for 10 to 17-year-olds from 9 a.m. to 2:30 p.m. on school days and a nighttime curfew from 11 p.m. to 6 a.m. Sunday through Thursday and 12 a.m. to 6 a.m. Friday and Saturday.

Violating juvenile curfew is a Class C Misdemeanor and carries a fine of up to $500.

The vote followed a failed motion from Councilmember Shane Scott to postpone the ordinance long enough for the Criminal Justice Reform (CJR) Committee to review it and to get “enough people in the community [to] come in and bring their opinions, adaptations, and experiences [so] that we can make this for San Marcos.”

Scott, one of two council members to vote against the ordinance, said he is “always looking for another way to readapt how we use enforcement with kids.”

“Your feet are wet enough to try and mold this into something that’s going to be good for the community and the kids without labeling them, or giving them any type of self-worth that’s inadequate,” Scott said, addressing Chief of Police Stan Standridge.

Councilmember Jude Prather sided with the majority opinion but said he would like to look at reducing fines and court costs associated with violating juvenile curfew.

“I feel like we’ve over-criminalized a lot of things in our society, but when this does go to CJR, I am looking at reducing fines, or how do we make this a civil penalty versus some type of criminal penalty?” Prather asked.

Councilmember Mark Gleason was the most vocal about maintaining the ordinance, restating his concerns expressed at the first reading over the San Marcos Police Department's ability to maintain public safety.

“Twice in the last 90 days, a 15-year-old child was caught with a stolen loaded firearm in my neighborhood within two blocks of my house,” Gleason said. “I recently saw a juvenile under the age of 15 carrying a long BB gun through the neighborhood, down the street. What he was up to? I don’t know.”

He continued, “I’ll describe it like this. I had a relative who used to travel a lot. The people he was scared the most of were under 16 because they’re not capable of comprehending cause and effect. They were literally the most dangerous people he was worried about because they really just don’t have any life experience.”

Gleason said he believes that the majority of the community is in support of the juvenile curfew ordinance, and “it could be potentially dangerous to students, or to kids in general if we let this sit expired until the Criminal Justice Committee looks at this and comes back with this six months from now.”

Mayor Jane Hughson agreed and pointed out that while San Marcos’ juvenile curfew ordinance has been in effect since 1994, the council only began receiving complaints about the ordinance in the past several weeks.

After each councilmember had the chance to weigh in, the council voted on Scott’s earlier motion, which failed 3-4. Councilmembers Saul Gonzales Alyssa Garza and Scott voted to postpone reinstating the ordinance, and councilmember Matthew Mendoza, Gleason, Prather and Hughson voted against the postponement.

City of San Marcos Public Safety Director Chase Stapp said that staff will take the ordinance to the CJR Committee to review for its first meeting in January.

To view the full meeting agenda and minutes, visit https://sanmarcostx.gov/421/City-Council-Videos-Archives.