The council discussed the issue at length at the Dec. 22, 2011 meeting, spurring City Councilman Tony Dale to ask for the ordinance to come up for discussion again.
"The solution for crime, whether it's juvenile or any crime, is swift and appropriate punishment for breaking the law," said Mike Louis, a home school father, at the Dec. 22 meeting. "A curfew ordinance infringes on the freedoms and the rights of those who have not broken laws. I think we start down a path that infringes on the freedom of people. I totally understand the police department's mandate and commitment to protect people and property of the city, but I think a curfew law is a shortcut."
Under the daytime part of the juvenile curfew ordinance—the nighttime portion of the ordinance is not under consideration to be repealed—a juvenile is in violation if they are in a public place unsupervised between 9 a.m. and 2:30 p.m. when Leander Independent School District or Round Rock Independent School District are in session.
Cedar Park Police Chief Henry Fluck said the police department needs the ordinance, and that the state statute established for truancy does not provide the same resource. The curfew ordinance in Cedar Park allows CPPD to take action upon proving the first time the school-age student is not in school during sanctioned school hours, however, the state statute requires 10 offenses in a six-month period.
"Under the truancy statute, without enforcement action being taken by the police and allowing 10 violations over six months, there is very little accountability," Fluck said.
The Feb. 2 meeting was a first reading and public ordinance, so the item will appear again before the council before the issue comes up for a vote.
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