Loading...
Ordinance 2023-35ORDINANCE NO.2023-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2021-17, AS AMENDED, CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE III (CURFEW FOR MINORS); REPEALING ORDINANCE NOS. 2017-09, 2020-22, AND 2023-09; REPEALING THE CITY'S JUVENILE CURFEW ORDINANCE IN RESPONSE TO HOUSE BILL 1819, EFFECTIVE SEPTEMBER 1, 2023; PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") previously adopted a juvenile curfew ordinance as authorized by state law to help protect the public health, safety and welfare of City of Wylie, Texas ("City" or "Wylie"); and WHEREAS, during the 2023 legislative session, the Texas Legislature adopted House Bill 1819 to prohibit a political subdivision such as Wylie from adopting or enforcing an order, ordinance or other measure that imposes a curfew to regulate the movements or actions of persons younger than 18 years of age, except for curfews implemented under Chapter 418 of the Texas Government Code for purposes of emergency management; and WHEREAS, House Bill 1819 is effective on September 1, 2023; and WHEREAS, the City Council therefore finds that it is necessary to amend Chapter 74 (Offenses and Miscellaneous Provisions), Article III (Curfew for Minors) of the Code of Ordinances of City of Wylie, Texas ("Code of Ordinance") and to repeal Ordinance Nos. 2017-09, 2020-22, and 2023-09 to comply with the new state law; and WHEREAS, Wylie has complied with all legal notices as required by law; and WHEREAS, the City Council finds that adopting this Ordinance is in the best interest of the citizens of Wylie. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findin sg Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amending Chapter 74 (Offenses and Miscellaneous Provisions), Article III (Curfew for Minors) of the Code of Ordinances. Chapter 74 (Offenses and Miscellaneous Provisions), Article III (Curfew for Minors) of the Code of Ordinances is hereby amended as follows: "ARTICLE III RESERVED jUVENILE CURFEW See. 74 Al Definitions. The fellewingwerds, teEms and phrases, when used in this af4iele, shall w-a.,e- dhe ...,R-AA-i aser-ibed to them ift this e i.4. i. u u..t inure the eentext ell r-1 ndi ate diff t ' Additions are underlined and italicized; deletions are evidenced by strikethrough. Ordinance No. 2023-35 Repealing Curfew Ordinance Page 1 of 4 the --ptiblie—is invited, ineltibtrtnet limited to, any piece of O .fi• . . . .......... ....... .... > ; (2) Fail to leave premises when FeEtuested to de so by a peliee effieer- or- the owner-, ---------------- Ordinance No. 2023-35 Repealing Curfew Ordinance Page 2 of 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ­­ . . . . . . . . . . . . . .. Sees. 744147 - 74-60. Reserved." SECTION 3: Repealing Ordinance Nos. 2017-09, 2020-22, and 2023-09. Ordinance Nos. 2017- 09, 2020-22, and 2023-09 are hereby repealed in their entirety. The effective date of the repeal discussed Ordinance No. 2023-35 Repealing Curfew Ordinance Page 3 of 4 in this Section shall not occur until the effective date of this Ordinance, at which time Ordinance Nos. 2017-09, 2020-22, and 2023-09 shall be repealed. Such repeal shall not abate any pending prosecution or lawsuit or prevent any prosecution or lawsuit from being commenced for any violation of Ordinance Nos. 2017-09, 2020-22, and 2023-09 occurring before the effective date of this Ordinance. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 5: Repealin Savings. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Open Meeting. The meeting at which this Ordinance was introduced and passed was open to the public and that public notice of the time, place and purpose of said meeting was given all as required by law. SECTION 7: Effective Date. This Ordinance shall become effective on September 1, 2023. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 22nd day of August, 2023. Matthew Porter, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary �1i Ordinance No. 2023-35 Repealing Curfew Ordinance Page 4 of 4