Item 4D - MemoItem 4D
CITY OF
SOUTHLAKE
MEMORANDUM
October 3, 2023
To: Mayor and City Council
From: James Brandon, Chief of Police
Subject: Repealing Article VII, Curfew For Minors
Action
Requested: Ordinance No. 928A, 1st Reading, an ordinance of the City Council of the
City of Southlake, Texas, repealing article VII, "Curfew For Minors" of
Chapter 15, "Public Safety" of the Southlake City Code.
Background
Information: The purpose of this request is to repeal article VII, "Curfew For Minors" of
Chapter 15 "Public Safety" of the Southlake City Code; providing a
severability clause; and providing an effective date in accordance with
State law.
Strategic Link: C1 - Achieve the highest standards of safety & security.
Legal Review: The proposed item was reviewed by the City Attorney's Office.
Supporting
Documents: Ordinance No. 928A
Staff
Recommendation: Staff recommends approval of Ordinance No. 928A as proposed.
Item 4D
ORDINANCE NO. 928A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, REPEALING ARTICLE VII, "CURFEW FOR
MINORS" OF CHAPTER 15, "PUBLIC SAFETY" OF THE SOUTHLAKE
CITY CODE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ("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 Local Government Code; and
WHEREAS, the City Council of the City of Southlake adopted a curfew ordinance for
minors in the City which is codified as "Article VII, "Curfew for Minors" of Chapter 15, "Public
Safety" of the Southlake City Code; and
WHEREAS the City Council has determined that, based on the passage of House Bill
1819, "Juvenile Curfew," which bans the imposition of a curfew of persons younger than 18 years
of age, except for purposes of emergency management, signed into law June 9, 2023, there exists
a need to repeal "Article VII, "Curfew for Minors" of Chapter 15, "Public Safety" of the Southlake
City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF
SOUTHLAKE, TEXAS, THAT:
SECTION 1.
Article VII, "Curfew for Minors" of Chapter 15, "Public Safety" of the Southlake City
Code is hereby repealed in its entirety.
SECTION 2.
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 3.
This Ordinance shall be in full force and effect from and after the date of its passage.
PASSED AND APPROVED on this the day of 2023.
Item 4D
JOHN HUFFMAN, MAYOR
CITY OF SOUTHLAKE, TEXAS
ATTEST:
AMY SHELLEY, CITY SECRETARY
CITY OF SOUTHLAKE, TEXAS
APPROVED AS TO FORM AND LEGALITY:
E. ALLEN TAYLOR, CITY ATTORNEY