HomeMy WebLinkAboutPO 7173: JUVENILE CURFEW P.O. No. 7173
09/08/2023 TNR
ORDINANCE NO.
AN ORDINANCE RESCINDING ORDINANCE NO 17-08 IN ITS
ENTIRETY AS IT PERTAINS TO THE JUVENILE CURFEW
ORDINANCE AS DELINEATED IN SECTION 62-101 TO 62-106 OF THE
CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR IN
RESPONSE TO HOUSE BILL 1819,EFFECTIVE IMMEDIATELY
WHEREAS, On February 14, 2017, the City Council adopted Ordinance No. 17-08
establishing a curfew for minors under Section 62-101 to 62-106 of the Port Arthur City Code;
and
WHEREAS,during the 2023 legislative session,the Texas Legislature adopted House Bill
1819 to prohibit a political subdivision such as Port Arthur from adopting or enforcing an order,
ordinance or other measure that imposes a curfew to regulate the movements or actions of persons
younger than 18 years of age, except for curfews implemented under Chapter 418 of the Texas
Government Code for purposes of emergency management; and
WHEREAS, House Bill 1819 was effective on September 1, 2023; and
WHEREAS,House Bill 1819 seeks to ensure that all young Texans have opportunities to
succeed without the burden of a criminal record early in life by eliminating the authority of political
subdivisions to adopt or enforce juvenile curfews in accordance with House Bill 1819 after the
bill's effective date, a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, the City Council therefore finds that it is necessary to amend Chapter 62
(Offenses), Article III (Minors) of the Code of Ordinances of City of Port Arthur ("Code of
Ordinance") and to repeal Ordinance No. 17-08 to comply with the new state law; and
WHEREAS, the City Council finds that adopting this Ordinance is in the best interest of
the citizens of Port Arthur.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the Curfew Ordinance, as delineated in Sections 62-101 to 62-106 of the
Code of Ordinances, is herein rescinded and the House Bill 1819 shall be enforced.
Section 3. That a copy of the caption of this Ordinance be spread upon the Minutes of the
City Council.
READ, ADOPTED,AND APPROVED this the day of November, A.D. 2023
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes:
Mayor:
Councilmembers:
Noes:
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecia R. i e , ity Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager