Ordinance 2005-08 ON DECEMBER 11, 2007, THE CITY COUNCIL OF THE CITY WYLIE
APPROVED THE CONTINUANCE OF TffiS ORDINANCE UNTIL JANUARY
25, 2011 AS REQUIRED IN SECTION 8 OF THIS ORDINANCE.
ORDINANCE NO. 2005-08
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING WYLIE
ORDINANCE NOS. 79-23, 95-2 AND 95-3; ESTABLISHING A CURFEW FOR
MINORS FOR THE CITY OF WYLIE, TEXAS; CREATING OFFENSES
FOR MINORS, PARENTS, GUARDIANS OF MINORS AND BUSINESS
ESTABLISHMENTS FOR VIOLATING CURFEW REGULATIONS;
DEFINING TERMS AND PROVIDING DEFENSES; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR WAIVER OF JURISDICTION BY THE
COURT WHEN REQUIRED UNDER THE TEXAS FAMILY CODE;
PROVIDING FOR REVIEW OF THIS ORDINANCE; PROVIDING A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated
and determined that there has been an increase in juvenile violence, juvenile gang activity and crime
by persons under the age of seventeen (17) in the City of Wylie, Texas ("Wylie"); and
WHEREAS, the City Council has further investigated and determined that persons under the
age of seventeen (17) are particularly susceptible by their lack of maturity and experience to
participate in unlawful and gang-related activities and to be victims of older perpetrators of crime;
and
WHEREAS, the City Council, on behalf of Wylie and its citizens, has an obligation to
provide for the protection of minors from each other and from other persons; for the enforcement of
parental control over and responsibility for children; for the protection of the general public; and for
the reduction of incidence of juvenile criminal activities; and
WHEREAS, the City Council has further investigated and determined that it is in the best
interest of Wylie and its citizens to repeal Ordinance Nos. 79-23, 95-2 and 95-3; and
WHEREAS, the City Council has further investigated and determined that it is in the best
interests of Wylie and its citizens to establish a curfew for those under the age of seventeen (17), as
set forth below, which will promote public health, safety and general welfare; help attain the
foregoing obj ectives; and diminish the undesirable impact of such conduct on the citizens of Wylie.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2: ORDINANCE NOS. 79-23 95-2 AND 95-3 REPEALED. Wylie Ordinance
Nos. 79-23, 95-2 and 95-3 are hereby repealed. Such repeal shall not abate any pending prosecution
ORDINANCE NO. 2005-08
JUVENILE CURFEW ORDINANCE (REPEAL ORDINANCE NOS. '79-23, 95-2 and 95-3) - Page 1
for violation of the repealed Wylie Ordinance Nos. 79-23, 95-2 and 95-3, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of Wylie
Ordinance Nos. 79-23, 95-2 and 95-3.
SECTION 3: DEFINITIONS.
3.1 For the purposes of this Ordinance, when not inconsistent with the context, words
used in the present tense include the future tense, words in the plural include the singular, and wards
in the singular include the plural, and the use of any gender shall be applicable to all genders
whenever the sense requires. Words not defined in this Section shall be given their common and
ordinary meaning.
3.2 For the purposes of this Ordinance, the following words, terms, phrases and their
derivations shall have the meaning given in this Section 3.2.
(A) CURFEW HOURS means:
(1) ll:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or
Thursday unti16:00 a.m. of the following day; and
(2) 12:01 a.m. unti16:00 a.m. on any Saturday or Sunday.
(B) EMERGENCY means an unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, an automobile accident or any situation
requiring immediate action to prevent serious bodily injury or loss of life.
(C) ESTABLISHMENT means any privately-owned place of business operated
for a profit to which the public is invited, including but not limited to, any
place of amusement or entertainment.
(D) GUARDIAN means:
(1) a person who, under court order, is the guardian of the person of a
minor; or
(2) a public or private agency with whom a minor has been placed by a
court.
(E) MINOR means any person under seventeen (17) years of age.
(F) OPERATOR means any individual, firm, association, partnership or
corporation operating, managing or conducting any establishment. The term
includes the members or partners of an association or partnership and the
officers and directors of a corporation.
ORDINANCE NO. 2005-08
JUVENILE CURFEW ORDINANCE (REPEAL ORDINANCE NOS. 79-23, 95-2 and 95-3) - Page 2
(G) PARENT means a person who is:
(1) a natural parent, adoptive parent or step-parent of another person; or
(2) at least eighteen (18) years of age and authorized by a parent or
guardian to have the care and custody of a minor.
(H) PUBLIC PLACE means any place to which the public or a substantial group
of the public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities and shops.
(I) REMAIN means to:
(1) linger or stay; or
(2) fail to leave premises when requested to do so by a police officer or
the owner, operator or other person in control of the premises.
(J) SERIOUS BODILY INJi1RY means bodily injury that creates a substantial
risk of death or that causes death, serious permanent disfigurement or
protracted loss or impairment of the function of any bodily member or organ.
SECTION 4: OFFENSES.
4.1 A minor commits an offense if he remains in any public place or on the premises of
any establishment within Wylie during curfew hours.
4.2 A parent or guardian of a minor commits an offense if he knowingly permits, or by
insufficient control, allows the minor to remain in any public place or on the premises of any
establishment within Wylie during curfew hours.
4.3 The owner, operator or any employee of an establishment commits an offense if he
knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
SECTION 5: DEFENSES.
5.1 It is a defense to prosecution under Section 4 that the minor was:
(A) accompanied by the minor's parent or guardian;
(B) on an errand at the direction of the minor's parent or guardian, without any
detour or stop;
(C) in a motor vehicle involved in interstate travel;
(D) engaged in an employment activity, or going to or returning home from an
employment activity, without any detour or stop;
ORDINANCE NO. 2005-08
JWENILE CURFEW ORDINANCE (REPEAL ORDINANCE NOS. 79-23, 95-2 and 95-3) - Page 3
(E) involved in an emergency;
(F) on the sidewalk abutting the minor's residence or abutting the residence of a
next-door neighbor if the neighbor did not complain to the police department
about the minor's presence;
(G) attending an official school, religious, or other recreational activity
supervised by adults and sponsored by Wylie, a civic organization or another
similar entity that takes responsibility for the minor or going to or returning
home from, without any detour or stop, an official school, religious or other
recreational activity supervised by adults and sponsored by Wylie, a civic
organization or another similar entity that takes responsibility for the minor;
(H) exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech and the
right of assembly; or
(I) married or had been married or had disabilities of minority removed in
accordance with Chapter 31 of the Texas Family Code, as amended.
5.2 It is a defense to prosecution under Subsection 4.3 that the owner, operator or
employee of an establishment promptly notified the police department that a minor was present on
the premises of the establishment during curfew hours and refused to leave.
SECTION 6: ENFORCEMENT. Before taking any enforcement action under this Section, a
peace officer shall ask the apparent offender's age and reason for being in the public place. The
officer shall not issue a citation or make an arrest under this Section unless the officer reasonably
believes that an offense has occurred and that, based on any response and other circumstances, no
defense in Section 5 is present.
SECTION 7: PENALTIES.
7.1 Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and
upon conviction therefare, shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each
and every day that such violation continues shall be considered a separate offense. Wylie retains all
legal rights and remedies available to it pursuant to local, state and federal law.
7.2 When required by Section 51.08 of the Texas Family Code, as amended, the court
shall waive original jurisdiction over a person who violates Section 4 and shall refer the person to the
appropriate court.
SECTION 8: REVIEW OF ORDINANCE. Before the third anniversary of the date of the
adoption of this Ordinance, and every third year thereafter, the City Council shall:
ORDINANCE NO. 2005-08
JUVENILE CURFEW ORDINANCE (REPEAL ORDINANCE NOS. 79-23, 95-2 and 95-3) - Page 4
(A) review the effects of the Ordinance on the community and on problems the
Ordinance was intended to remedy;
(B) conduct public hearings on the need to continue the Ordinance; and
(C) abolish, continue, or modify the Ordinance.
The failure of the City Council to act in accordance with this Section shall cause this Ordinance to
expire without further action by the City Council.
SECTION 9: SA VINGS/REPEALING CLAUSE. 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 10: SEVERABILITY. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional 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. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 11: EFFECTIVE DATE. This Ordinance shall become effective from and after
its adoption and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 25th day of January 2005.
ATTESTED TO AND
CORRECTL Y RECORDED BY:
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Date of publication in The Wylie News- February 2. 2005
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ORDINANCE NO. 2005-08
JUVENILE CURFEW ORDINANCE (REPEAL ORDINANCE NOS. 79-23, 95-2 and 95-3) - Page 5
THE WYLIE NEWS
t:overmg Wyhe, Sachse, Murphy and the surroundmg area
110 N. Ballard
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of
The Wylie News, a newspaper regularly published in Collin County, Texas and having general
circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the
foregoing attached
City of Wylie
Ord. No. 2005-05, Ord. No. 2005-06,
Ord. No. 2005-07, Ord. No. 2005-08
was published in said newspaper on the following date(s), to-wit: Feb. 2, 2005
CIYiiIP--
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the
rM
day of 11~
, 2005
to certify which witness my hand and seal of office.
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The State of Texas
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ADA L. MOONEY
Notary Public
State of T exes
My Comm. Exp. 01.02-07
My commission expires 01102/07
RECtO MAR 0 7 2DQ5
OF NEW TARIFFS AS WYLIE ORDINANCE
FEBRUARY 1, 2005; NOS. 79-23, 95-2 AND
FINDING CITIES' RATE 95-3; ESTABLISHING A
CASE EXPENSES REA- CURFEW FOR MINORS
SONABLE; SEVERING FOR THE CITY OF
THE DETERMINATION WYLIE, TEXAS; CREAT-
OF THE REASONABLE- ING OFFENSES FOR
NESS OF COSERV GAS MINORS, PARENTS,
LTD.'S RATE CASE GUARDIANS OF
EXPENSE FROM MINORS AND BUSI-
APPROVAL OF THE NESS ESTABLISH-
REVI~ED TARIFFS; MENTS FOR VIOLAT-
RETAINING JURISDlC- ING CURFEW REGULA-
TION OVER THE TIONS; DEFINING
DETERMINATION OF TERMS AND PROVID-
THE REASONABLE- ING DEFENSES; PRO-
NESS OF COSERV GAS VIDING FOR ENFORCE-
AS MUNIC- LTD.'S RATE CASE MENT; PROVIDING FOR
: DISTRICT EXPENSE ISSUE UNTIL WAIVER OF JURISDlC-
MARCH 1, 2005; TION BY THE COURT
ADOPTING A BASE WHEN REQUIRED
Ifd of RATE CASE MORATO- UNDER THE TEXAS
.---37-3t-~......5_ RIUM; FINDING THAT FAMILY CODE; PRO-
ANY RELIEF REQUEST- VIDlNG FOR REVIEW
~CE NO. D BY COSERV GAS OF THIS ORDINANCE;
i.05 LTD. NOT SPECIFICAL- PROVIDING A PENAL-
LY GRANTED HEREIN TY FOR THE VIOLA-
IS DENIED; ADOPTING TION OF THIS ORDI-
A MOST FAVORED NANCE; PROVIDING
NATIONS PROVISION; FOR REPEALING, SAV-
FINDING THAT THE INGS AND SEVERABIL-
MEETING AT WHICH ITY CLAUSES; PROVID-
THIS ORDINANCE IS ING FOR AN EFFEC-
PASSED IS OPEN TO TIVE DATE OF THIS
THE PUBLIC AS ORDINANCE; AND PRO-
REQUIRED BY LAW; VIDING FOR THE PUB-
AND PROVIDING FOR LICATION OF THE CAP-
NOTICE OF THIS ORD~ION THEREOF.
NANCE TO COSERV . . 3.7-lt-339
GAS LTD.
NOTICE TO
ORDINANCE NO. ONTRACTORS
2005-07
NORTH TEXAS
AN ORDINANCE MUNICIPAL WATER
ADOPTING AND DISTRICT
ENACTING A NEW EASTSIDE 4 MG
\.NCE OF CODE FOR THE CITY GROUND STORAGE
IF WYLIE, OF WYLIE, TEXAS; RESERVOIR NO.2
lING THAT PROVIDING FOR THE Sealed bids addressed to
'IT RATES REPEAL OF CERTAIN the President and Board of
GAS LTD. ORDINANCES NOT Directors of the North
SONABLE; INCLUDED THEREIN; Texas Municipal Water
COSERV PROVIDING A PENAL- District, will be received at
REVISED TY FOR THE VIOLA- the Administrative Offices
INTESTED TION THEREOF; PRO- of the North Texas
ROVING A VIDlNG FOR THE MAN- Municipal Water District,
'HASE:IN;w'NER--OF- AMENDINa--5U5"....~astBrdwn7':Street;
'G CON- SUCH CODE; AND PRO- Wylie, Texas until 2:00
IF DEFER- VIDlNG WHEN SUCH p.m., February 23, 2005,
ARRYING CODE AND THIS ORDI- and then publicly opened
N PLANT NANCE SHALL and read, for furnishing all
FUTURE BECOME EFFECTIVE. plant, labor, material and
lGNIZING equipment, and performing
IGHT TO ORDINANCE NO. all work required for con-
FOR 2005-08 struction of the City of
RELOCA- Rockwall, Texas Eastside 4
RED BY AN ORDINANCE OF MG Ground Storage
SETTING THE CITY OF WYLIE, Reservoir (AWWA 0110,
VE DATE TEXAS REPEALING Type III), together with all
th Texas
ater District
. ght to adopt
advantageous
of the bids
the case of
lack of clear-
ing proposal
:ct any or all
vaive formali-
y not be with-
n sixty (60)
Ite on which
ed.
ANCE OF
:>F WYLIE,
\.NTING A
RANCHISE
TO GTE
r, INC.
VERIZON
l SETTING
E TERMS
lTIONS TO
OPER-
i\INTAIN A
EM IN THE
(LIE; AND
FOR AN
lATE.
iCE NO.
06
.. ",_..._. I, .,,-t_..-..- -
... ......~~,....~ 'r';.(.;~:~..,~,"",~"~,
necessary appurtenances.
Proposals shall be accOI
panied by a cashier's
certified check upon
national or state bank in ;
amount not less than fi'
percent (5%) of the tol
maximum bid pric
payable without recour
to the North Tex
Municipal Water Distri(
or a bid bond in the san
amount from a reliab
surety company holding
permit from the State ,
Texas to act as surety, as
guarantee that the bidd
will enter into a contra
and execute performan(
bond and payment bOI
within ten (10) days aft,
notice of award of contra
to him. The notice of aWaJ
of contract will be given t
the Owner within (90) da~
following the opening I
bidsl
The successful bidder mu
furnish a Performan(
Bond upon the form pn
vided in the amount of l(
percent of the contra,
price and a Material ar
Labor Payment Bond uP(
the orm provided in tI
a ount of 100 percent I
e contract price from ,
approved surety compar
holding a permit from tI
State of Texas to act ;
surety or other suretil
acceptable to the Owner.
The right is reserved, as tI
interest of the Owner m,
require, to reject any ar
all bids, and to waive ar
informality in bi,
received.
Plans, specifications ar
bidding documents may 1
examined at the office I
the North Texas Municip
Water District, 505 Ea
Brown ~Jir~r,'~'''WilI
Texas, and may be secun
from he office of Birkhol
Hendricks & conwa
L.L.P., Consultir
Engineers, 7502 Greenvil
Ave., #220, Dallas, Tex;
75231, on deposit of Fit
Dollars ($50) per se
(non-refundable).
NORTH TEXAS MUNI<
IPAL WATER DlSTRIO