AN ORDINANCE CONTINUING AND AMENDING CHAPTER 8, ARTICLE 8.03 DIVISION 2, "CURFEW" OF THE CODE OF ORDINANCES OF THE CITY OF BASTROP, TEXAS AMENDING DEFINITIONS, OFFENSES AND DEFENSES FOR THE VIOLATION OF THE CODE; ESTABLISHING ENFORCEMENT AUTHORITY; REPEALING ANY INCONSISTENT PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Bastrop, Texas is a Home Rule municipality incorporated and operating under the Laws of the State of Texas; and
WHEREAS, Section 8.03.36 of the City's Code of Ordinances requires that the City Council will periodically conduct public hearings concerning the efficacy of its regulations related to a curfew for minors in the City of Bastrop, and following the hearing to determine whether, in the judgment of the Council, it is in the best interest of the public safety, health and welfare to either continue, modify or abolish the curfew regulations set out in the City Code.
WHEREAS, at a regularly scheduled meeting of the City Council, held on June 10, 2008, the Council conducted a public hearing and, at the conclusion of the hearing, after considering all information provided and testimony given, the Council found that it is in the best interest of the heath, safety and welfare of the citizens of the City, to continue and modify, as noted herein below, the City's regulations related to a curfew for minors in the City of Bastrop, Texas.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
That Chapter 8, Offenses and Nuisances, Article 8.03, Minors, Division 2, Curfew, of the Code of Ordinances of the City of Bastrop, Texas is hereby amended as follows:
PART 1: That the provisions of Chapter 8, Offenses and Nuisances, Article 8.03, Minors, Division 2, of the Code of Ordinances of the City of Bastrop, Texas, as shown below, are hereby amended and/or replaced with new provisions as follows:
CHAPTER 8. Offenses and Nuisances.
ARTICLE 8.03 "Minors"
Sec. 8.03.031 Definitions.
(No change to definitions from the term "Curfew hours" through the term "Parent.']
Public place. Any place in which the public or a substantial group of the public has access, but excluding areas where access is controlled by property owners and/or management by use of signs, policy or personnel Public Places may include but are not limited to, streets, highways, common areas beyond the exterior walls of school buildings„ hospitals, apartment houses, office buildings, transport facilities, shops, and shopping centers.
PART 2. The public hearing held on the date noted above constituted the periodic
review of this City regulation, pursuant to City Ordinance, Section 8.03.036 and this Ordinance reflects the Council's decision to continue application and enforcement of the curfew regulations in the City of Bastrop, Texas.
PART 3. The City Manager and City Secretary are hereby authorized and directed to make the necessary changes to all records of the City of Bastrop to reflect this amendment.
PART 4. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable.
PART 5. This Ordinance shall become effective in accordance with the City Charter and the laws of the State of Texas.
READ and ACKNOWLEDGED on First Reading on the 10th day of June 2008. READ and ADOPTED on Second Reading on the 24th day of June 2008.
APPROVED:
Terry Orr,
Mayor
ATTEST:
Teresa Valdez
City Secretary
