HomeMy WebLinkAboutOrdinance 3834 ORDINANCE NO. 3834
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
REPEALING ARTICLE II OF CHAPTER 50, CURFEW FOR MINORS, OF
THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND
HILLS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The City of North Richland Hills ("City") is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Texas 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 previously required
that before the third anniversary of the date of adoption of a juvenile curfew
ordinance and everythird 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, On January 24, 2022, the City Council Enacted Ordinance No. 3726
adopting Article II of Chapter 50 of the North Richland Hills, Texas Code of
Ordinances as the juvenile curfew ordinance; and
WHEREAS, On June 9, 2023, the Governor of the State of Texas signed House Bill
1819, amending section 370.007 of the Texas Local Government Code,
prohibiting a political subdivision in the State of Texas from adopting or
enforcing a curfew to regulate the movements or actions of persons younger
than 18 years of age; and
WHEREAS, House Bill 1819 became effective on September 1, 2023; and
WHEREAS, To remove any conflict between state law and the North Richland Hills,
Texas Code of Or
dinances,
es the City Council
il wishes to repeal Article II of
Chapter 50 and the associated Ordinance No. 3726 adopting the article;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
Ordinance No.3834
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II
SECTION 1: The City Council hereby finds the recitals above to be true and correct, and
such
recitals are hereby incorporated orated into this ordinance as if written herein.
SECTION 2: Article II of Chapter 50, Curfew for Minors, and Ordinance No. 3726
approved by the City Council on January 24, 2022, are hereby repealed.
SECTION 3: This Ordinance shall be cumulative of all provisions of the Code of
where theprovisions
Richland Hills, except
Ordinances of the City of North
of this Ordinance ar
e in direct conflict with the provisions of such ordinances
and such in this Ordinance shall control.
Code, the provisions SECTION 4: 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 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: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
as required by law, if applicable.
SECTION 7: This ordinance shall be in full force and effect upon publication as required
by law.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 11th day of December, 2023.
CITY OR AND HILLS
By:
Oscar ino, Mayor
Ordinance No.3834
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ATTEST:
Alicia Richardson
City Secretary/Chief Governa Office
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APPROVED AS TO FORM AND LEGALITY:► ITY:
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Maleshia B. McGinnis, City Attorney
Ilil
APPROVED AS TO CONTENT:
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Mike Young, Chief ice
Ij Ordinance No.3834
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