Item 17: Curfew Hours

[COSM_Admin]

Receive a Staff presentation and hold the first of two public hearings to receive comments for or against Ordinance 2022‑98, amending Chapter 54, Miscellaneous Offenses, of the San Marcos City Code by re‑adopting Article 3, Curfew, 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; and consider approval of Ordinance 2022‑98, on the first of two readings.​

 

[JHughson]

Where are the changes from the prior ordinance to this one? I see a lot of marked up text, but surely we have had this definition in the past, which is underlined as if it's new. "Chief of police means the city chief of police." That's just one example.
The memo doesn't explain the marked up text; it just lists the ordinance text. I see no reasons given for the changes although the ARF includes this:
"This renewal cycle, staff is recommending some changes by removing and outdated requirement and associated definitions. More detailed information is included in the attached memo to council." There is no "why the changes" info in the memo.
I pulled the curfew item from 2019 and it has much (all?) of the same underlining as if it's NEW text but some in the 2022 is in strike-out so I'm assuming those items are to be deleted this year.
So why are we deleting the definitions of Establishment and Operator? And that minors are not to remain in a business...?
Definitions includes curfew hours of 9 am to 2:30 M-F which I assume is for school hours. Why is it a "defense to prosecution" if school is not in session instead of permissible by modifying the definition to state "when school is in session?" I understand that different schools can have different holidays or teacher work days.

 

[COSM_Admin]

Response provided by Chase Stapp, Director of Public Safety:
When this ordinance was first enacted, public video game rooms like as Diversions where Vodka Street bar is currently were places where juveniles would loiter during the day when they were supposed to be at school. Those establishment are no longer a viable business model, so that language is no longer needed in the ordinance.