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-,
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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
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