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HomeMy WebLinkAboutORD 2023-56 - Repealing "Juvenile Curfew"ORDINANCE NO. 2p 3 -5( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS REPEALING CHAPTER 9.13 OF THE CODE OF ORDINANCES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has prohibited minors from remaining on public property during curfew hours pursuant to Chapter 9.13 of the Code of Ordinances since 2012; and WHEREAS, the 88th Texas Legislature passed House Bill 1819, effective September 1, 2023, prohibiting political subdivisions from adopting or enforcing an ordinance that imposes a curfew to regulate the movement or actions of persons younger than 18 years of age; and WHEREAS, the City Council has determined that Chapter 9.13 of the Code of Ordinances conflicts with the prohibitions contained in House Bill 1819; and WHEREAS, in order for the City to comply with House Bill 1819, the City Council finds it necessary to repeal Chapter 9.13 of the Code of Ordinances. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section 1. The meeting at which this ordinance was approved was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. Chapter 9.13 of the Code of Ordinances, titled "Juvenile Curfew" is hereby repealed. Section 4. All ordinances or resolutions that conflict with the provisions of this ordinance are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. If any provision of this ordinance, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance, which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Ordinance Number: 2023- 5(, Page 1 of 2 Subject: Repealing Chapter 9.13, 'Juvenile Curfew" Ordinance Date Approved: OR 1 A61 20Z3 Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect immediately in accordance with the provisions of the City Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the i & of , 2023. PASSED AND APPROVED on Second Reading on the Z6 of 2023. ATTEST: THE CITY)OF GEORGETOWN: Robyn Nensmore, City Secretary APPROVED AS TO FORM: asso� k a Ci Attorney Y � h' Y Ordinance Number: 2023-5(--7 Page 2 of 2 Subject: Repealing Chapter 9.13, 'Juvenile Curfew' Ordinance Date Approved: C� 1 Z (, 12ov3