HomeMy WebLinkAbout19-3688 ordORDINANCE NO. 19-3688
AN ORDINANCE CONTINUING, CONFIRMING, MODIFYING AND
AMENDING THE CITY OF PLAINVIEW, TEXAS CODE OF ORDINANCES
ARTICLE 8.059 "JUVENILE CURFEW"; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR REVIEW OF THE ORDINANCE BY
THE CITY COUNCIL; PROVIDING A PENALTY NOT TO EXCEED
$500.00; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A REPEALER AND PROVIDING FOR
PUBLICATION.
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WHEREAS, the City Council for the City of Plainview, Texas pursuant to the
constitution and laws of the State of Texas including, but not limited to, Article 11, Section
5 of the Texas Constitution as a home rule city, Texas Local Government Code § 370.002
authorizes the City to establish and enforcement curfew hours for minors; and
WHEREAS, the City Council has previously passed an ordinance establishing
curfew hours for minors; and
WHEREAS, the City Council is required by Texas Local Government Code §
370.002 to conduct public hearings on the need to continue the curfew ordinance; and
WHEREAS, the City Council is required by Texas Local Government Code §
370.002 to review its curfew ordinance every three years; and
WHEREAS, the City Council has conducted the public hearings and reviewed the
curfew ordinance as required by Texas Local Government Code § 370.002 and believes
it to be in the best interest of the public health, safety and welfare of the citizens of
Plainview to continue and the curfew ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PLAINVIEW, TEXAS
THAT:
SECTION 1. The Code of Ordinances, City of Plainview Texas, Article 8.05, "Juvenile
Curfew", §§ 8.05.001 - 8.05.008 is hereby re -adopted and ordered to continue in its
entirety as currently drafted and previously adopted on March 22, 2016, by the governing
body of the City of Plainview, Texas in Ordinance 16-3632.
SECTION 2. Penalty. A violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable in accordance with Section 1.01.009 of the Code of Ordinances,
City of Plainview, Texas.
SECTION 3. Effective Date. This ordinance shall take effect immediately upon final
,... passage and publication as may be required by governing law.
nd provisions of the Code of Ordinances, City
6w SECTION 4. Repealed. All other terms a
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of Plainview, not in conflict herewith and not hereby amended shall remain in full force
and effect. w
SECTION 5. Severability. If any provision, section, subsection, sentence, clause or the vj
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the
remaining portions of this ordinance or the application thereby shall remain in effect, it
being the intent of the City Council of the City of Plainview, Texas in adopting this
ordinance, that no portion thereof or provision contained herein shall become inoperative
or fail by any reasons of unconstitutionality of any other portion or provision.
SECTION 6. This ordinance shall be reviewed by the Council at a public meeting, in
accordance with Texas Local Government Code §370.002, before the third anniversary
of the date of its adoption, and every third year thereafter. Failure to review the ordinance
every three (3) years shall cause the ordinance to expire. Upon review by the Council,
this ordinance may be continued, modified, or abolished.
SECTION 7. Publication. The City Secretary of the City of Plainview is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
Passed and approved on first reading this 12th day of March, 2019.
Passed and approved on second reading this 26th day of March, 2019.
ATTEST:
&C -/-
Belinda Hinojos C' y Secretary
APPROVED AS TO CONTENT:
1
Jeffrey S dep%Citt Manager
-NPVFA-- " P W -*4,4
d' .p
, Mayor
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APPROVED AS TO FORM:
Matt4w L. Wade, City Attorney