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HomeMy WebLinkAboutOrdinance 3561 ORDINANCE NO. 3561 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PROVIDING A MINORS CURFEW, AS SET FORTH IN ARTICLE II OF CHAPTER 50 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, a minor's curfew has been in force within the City since 1994; and WHEREAS, Section 370.002 of the Texas Local Government Code, requires that before the third anniversary of the date of adoption of a juvenile curfew ordinance and every third year thereafter, the governing body of the City shall (1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue, or modify the ordinance or order; and WHEREAS, The City Council has now reviewed the effect of the ordinance on the community and on problems the ordinance was intended to remedy and conducted public hearings on the need to continue such ordinance; and WHEREAS, The City Council finds that there is a need for a minor's curfew and that it has served well to reduce the danger to minors themselves and to provide a means for making sure minors do not engage in behavior which is a danger to the community as well as themselves; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. Ordinance No. 3561 SECTION 2: Article II of Chapter 50 of the North Richland Hills, Texas, Code of Ordinances is hereby adopted as the juvenile curfew ordinance. SECTION 3: Any person intentionally, knowingly, recklessly, or with criminal negligence violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with Article I, Section 1-13 of the Code of Ordinances. SECTION 4: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; 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: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7: This Ordinance shall be published twice and shall be in full force and effect from and after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 28TH day of January, 2019. CITY OF NO RICH AND HILLS By: / I/ Oscar Tree o, Mayor ATTEST: Ordinance No. 3561 Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Pr. / Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTE T: Jim ► Pr due irector of Public Safety Ordinance No. 3561 Star-Telegram MEDIA Arlington Citizen-Journal 1 The Keller Citizen I La Estrella Mansfield News-Mirror 5'tar-Telegram Northeast 1 Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102.63151800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 0004066040 CITY OF NORTH RICHLAND HILLS ORDINANC ORDINANCE NO.3561 $72.20 1 40.00 Li Attention: TRACI HENDERSON THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 Before me, a Notary Public in and for said County and State,this day CITY OF NORTH RICHLAND HILLS personally appeared CHRISTINE ORDINANCE NO. 3561 LOPEZ, Bid and Legal Coordinator AN ORDINANCE OF THE CITY OF CITY OF NORTH RICHLAND HILLS NORTH RICHLAND HILLS, ORDINANCE NO.3561 for the Star-Telegram, published by TEXAS, PROVIDING A MINORS AN ORDINANCE OF THE CITY OF the Star-Telegram, Inc. at Fort Worth, CURFEW, AS SET FORTH IN NORTH RICHLAND HILLS, 9 ARTICLE II OF CHAPTER 50 OF TEXAS, PROVIDING A MINORS in Tarrant County,Texas; and who, THE NORTH RICHLAND HILLS CURFEW, AS SET FORTH IN CODE OF ORDINANCES; PRO- ARTICLE II OF CHAPTER 50 OF after being duly sworn, did depose VIDING THAT THIS ORDINANCE THE NORTH RICHLAND HILLS SHALL BE CUMULATIVE OF ALL CODE OF ORDINANCES; PRO- and say that the attached clipping of ORDINANCES AND REPEAL OF VIDING THAT THIS ORDINANCE CONFLICTING PROVISIONS; SHALL BE CUMULATIVE OF ALL an advertisement was published in PROVIDING A SAVINGS ORDINANCES AND REPEAL OF CLAUSE; PROVIDING A CONFLICTING PROVISIONS; the above named paper on the listed SEVERABILITY CLAUSE; AND PROVIDING A SAVINGS dates: PROVIDING AN EFFECTIVE CLAUSE; PROVIDING A DATE. SEVERABILITY CLAUSE; AND Any person intentionally, knowing- PROVIDING AN EFFECTIVE ly, recklessly, or with criminal DATE. negligence violating any of the Any person intentionally,knowing- provisions of this ordinance shall be deemed ly, recklessly, or with criminal guilty of a mis- 2 Insertion(s) demeanor and upon conviction negligence violating any of the ) thereof shall be fined in accord- provisions of this ordinance ance with Article I, Section 1-13 shall be deemed guilty of a rills- Published On: of the Code of Ordinances. demeanor and upon conviction AND IT IS SO ORDAINED. thereof shall be fined in accord- January 31,2019, February 01, PASSED AND APPROVED on this ance with Article I,Section 1-13 28th day of January, 2019. of the Code of Ordinances. 2019 CITY OF NORTH RICHLAND HILLS AND IT IS SO ORDAINED. By:_Js/ Oscar Trevino PASSED AND APPROVED on this Oscar Trevino,Mayor 28th day of January,2019. ATTEST:/s/ Alicia CITY OF NORTH RICHLAND HILLS Richardson By:�s/ Oscar Trevino Alicia Richardson,City Secretary Oscar Trevino,Mayor APPROVED AS TO FORM AND LE- ATTEST:/s/ Alicia I GALITY: Richardson /s/Maleshia B. McGinnis Alicia Richardson,City Secretary Maleshia B. McGinnis,Attorney APPROVED AS TO FORM AND LE- GALITY: /5/Maleshia B.McGinnis Maleshia B.McGinnis,Attorney (Principal Clerk) So SUBSCRIBED AND SWORN TO BEFORE ME, THIS 1st day of February in the year of 2019 Nota , Public- •'-i..:tci P"'-" STEFANI SCOTT BEARD -=otP... * *" My Notary ID#131765951 F o v* `.' Expires October 23,2022 •