HomeMy WebLinkAbout2284 06-22-2021ORDINANCE NO. 2284
AN ORDINANCE CONTINUING IN EFFECT SECTION 50-27, "CURFEW
HOURS FOR MINORS", OF THE CODE OF ORDINANCES OF THE CITY
OF EULESS, TEXAS; REFLECTING COMPLIANCE WITH ALL
REQUIREMENTS OF STATE LAW; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless, Texas, after study, enacted
Euless Ordinance No. 1144 on July 12, 1994, adding to the Euless Code of Ordinances
Section 50-27, imposing curfew hours for minors as defined therein, and providing certain
exceptions, rules and regulations for the enforcement thereof; and
WHEREAS, Section 370.002 of the Texas Local Government Code requires that
such an ordinance be reexamined before the third anniversary of the date of adoption of
a juvenile curfew ordinance and every third year thereafter, to determine whether such
provisions should be continued in effect, modified or abolished; and
WHEREAS, the Euless City Council enacted Ordinance No. 1229 on May 27,
1997, Ordinance No. 1425 on May 9, 2000, Ordinance No. 1592 on May 13, 2003,
Ordinance No. 1727, on March 28, 2006, Ordinance No. 1843, on June 23, 2009,
Ordinance No. 1958, on June 26, 2012, Ordinance No. 2069, on June 23, 2015, Ordinance
No. 2181, on August 25, 2015, and Ordinance No. 2194, on June 26, 2018, reenacting
and continuing in effect the provisions of said juvenile curfew ordinance; and
WHEREAS, the City Council of the City of Euless, Texas, has conducted a
review of its curfew ordinance's effect on the community and on the problems the
ordinance was intended to remedy; and
WHEREAS, the Euless City Council has conducted public hearings on the need to
continue in effect the Euless juvenile curfew ordinance; and
WHEREAS, based on its review of the ordinance's effects on the community and
on the problems the ordinance was intended to remedy, and based on input obtained at
the public hearing, the Euless City Council now finds and determines that the current
juvenile curfew ordinance provisions in effect within the City should be continued in effect
without modification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
Ordinance No. 1144, adopted on July 12, 1994, and codified as Section 50-27,
"Curfew hours for minors", of the Euless Code of Ordinances, as amended, and as
continued by Ordinance No. 1229 adopted on May 27, 1997, Ordinance No. 1425 adopted
on May 9, 2000, Ordinance No. 1592 adopted on May 13, 2003, Ordinance No. 1727
adopted on March 28, 2006, Ordinance No. 1843 adopted June 23, 2009, Ordinance No.
1958 adopted June 26, 2012, Ordinance No. 2069 adopted June 23, 2015, amended by
Ordinance No. 2081 adopted August 25, 2015, and Ordinance No. 2194 adopted June 26,
2018, be and the same is hereby continued in effect within the corporate limits of the City
of Euless, Texas.
SECTION 2.
CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of
the City Code and other ordinances of the City of Euless, Texas, except where the
provisions of this ordinance are in direct conflict with the provisions of other ordinances, in
which event the conflicting provisions of the other ordinances are hereby repealed.
SECTION 3.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 4.
PENALTY CLAUSE. Any person, firm or corporation violating any of the terms and
provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined in accordance with Chapter 1, Section 1-12, Euless Code of
Ordinances. Each such violation shall be deemed a separate offense and shall be
punishable as such hereunder.
SECTION 5.
SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly
saved as to any and all violations of the provisions of the City Code or any other ordinances
regulating curfews that have accrued at the time of the effective date of this ordinance;
Ordinance No. 2284, Page 2 of 3
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby
directed to publish the caption, penalty clause and effective date of this ordinance in the
official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter
of the City of Euless.
SECTION 7.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on June 22, 2021, by a vote of 7 ayes, 0 nays,
and o abstentions.
APPROVED:
Linda Martin, Mayor
Kiyfi Sutter,"TR-MC, CMC, City Secretary
APPROVED AS TO FORM:
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Wayne K. Olson, City Attorney
Ordinance No. 2284, Page 3 of 3