HomeMy WebLinkAboutOrdinance No. 2023-21ORDINANCE NO. 2023-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, REPEALING CHAPTER 54 "OFFENSES AND
MISCELLANEOUS PROVISIONS," ARTICLE II "CURFEW FOR MINORS"
OF THE FRIENDSWOOD CITY CODE, IN ITS ENTIRETY, TO COMPLY
WITH H.B. 1819, WHICH REPEALED THE AUTHORITY OF POLITICAL
SUBDIVISIONS TO ADOPT OR ENFORCE JUVENILE CURFEWS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Friendswood originally enacted a juvenile curfew ordinance on
March 6, 1995; and
in part:
and
WHEREAS, such juvenile curfew ordinance was last adopted on November 2, 2020; and
WHEREAS, the Texas Legislature in the 88`k' Legislative Session enacted H.B. 1819, which states,
Notwithstanding any other law, a political subdivision may not adopt or enforce an order,
ordinance, or other measure that imposes a curfew to regulate the movements or actions of
persons younger than 18 years of age;
WHEREAS, H.B. 1819 will become effective on September 1, 2023; and
WHEREAS, in order to comply with such newly enacted state law, Chapter 54 "Offenses and
Miscellaneous Provisions," Article II "Curfew for Minors" of the Friendswood City Code must be repealed;
NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF
TEXAS:
Section 1. That Chapter 54 "Offenses and Miscellaneous Provisions," Article II
"Curfew for Minors" of the Friendswood City Code is hereby repealed in its entirety.
Section 2. All ordinances or parts of ordinances in conflict or inconsistent with this
ordinance are hereby expressly repealed.
Section 3. In the event any clause, phrase, provision, sentence, or part of this ordinance
or the application of the same to any person or circumstances shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this ordinance as a whole or any part or provision hereof other than the part declared to
be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares
that it would have passed each and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional, whether there be one or more parts.
Section 4. This ordinance shall become effective after its adoption on September 1,
2023.
PASSED and APPROVED on first reading by the affirmative vote of the City Council this
71h day of August, 2023.
MIKE Ff6REMAl , Mayor
ATTEST:
LE ICIA BRYSCH, City Seoetary
APPROVED AS TO FORM: �� QC-D
KAREN L. HORNER, City Attorney
PASSED, APPROVED and ADOPTED on second and final reading by the affirmative
vote of the City Counci128th day of August, 2023.
A
LETICIA BRYSCH,
APPROVED AS TO
KAREN L. HORNER, City Attorney
H:\City Council\Ordinances\2023\08-07-2023\Ordinance - Repealing Juvenile Curfew.docx