HomeMy WebLinkAboutOrd 1072-2023-09 Repealing Minor's Curfew Ord 208-2005, 811-2019, and 973-2022CITY OF ANNA, TEXAS
ORDINANCE NO. ,lo-4;L -;Z ;23 - 09
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, REPEALING ITS CURFEW FOR
MINORS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Anna ("City") has previously adopted a curfew that restricts
the movement and activities of persons under the age of 18 ("minors"), as an effort
to mitigate the amount of juvenile violence, vandalism, illegal drug activity, and
other crime committed within the City; and
WHEREAS, Governor Greg Abbot has signed into law HB 1819, effective
September 1, 2023, that creates a new Local Government Code § 370.007, that
prohibits any political subdivision from adopting or enforcing ordinances which
would impose curfews on the movements or actions of minors unless for emergency
management purposes (i.e., during a disaster); and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that although it believes its curfew for minors to be advantageous and
beneficial to the City and its citizens, and in the interest of the public health, safety,
and general welfare, it is necessary to repeal the City's related ordinances to avoid
a conflict with state law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as the findings of the City
Council as if set forth in full.
Section 2. Ordinance adopted.
2.01 Repeal of curfew ordinances.
Ordinance No. 208-2005, Ordinance No. 811-2019, and Ordinance 973-2022 are all
repealed in their entirety.
2.02 Replacement Provisions for Chapter 8, Article 8.02, Division 2, Sections
8.02.031 through 8.02.038.
This ordinance amends Chapter 8, Article 8.02, Division 2, Sections 8.02.031 through
8.02.038 of the Anna Code to replace the entirety of those sections with the language
shown below:
Article 8.02 MINORS
Division 2. Curfew
Sec. 8.02.031 through 8.02.038 (Reserved)
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 4. Effective Date.
This ordinance, once adopted, shall be in full force and effective from and after the
approval of this ordinance.
PA SED by the City Council of the City of Anna, Texas, this /02{!` day of
2023.
ATTESTED:
City Secretary,
1913
Pike