O-2020-3785 Extending the City's juvenile curfew ordinance

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ORDINANCE NO. 2020-3785 AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE CODE OF ORDINANCES BY REVISING JUVENILE CURFEW REGULATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, pursuant to Texas Local Government Code, Chapter 51,the City may adopt, publish, amend, or repeal an ordinance, rule or police regulation that is for the good government,peace,and order of the municipality; and WHEREAS, the City has previously adopted a juvenile curfew ordinance, codified as Article III, Chapter 42 of the La Porte Code of Ordinances, in the interest of public health, safety, and welfare and for the purposes of protecting juveniles and preventing juvenile crime; and WHEREAS, Texas Local Government Code Section 370.002 requires the governing body of a municipality to review an existing juvenile curfew ordinance's effects on the community and the problems it was meant to address and hold public hearings on the need to continue the ordinance every three years;and WHEREAS, the City Council has reviewed the Juvenile Curfew Ordinance's effects on the community and on problems it was intended to remedy;and WHEREAS, after reviewing the City's existing juvenile curfew ordinance, it is found that re-adoption of Article III, Chapter 42 of the La Porte Code of Ordinances in its entirety is necessary to further the City's interest in protecting juveniles and preventing juvenile crime. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,TEXAS: Section 1: That the City Council finds the juvenile curfew ordinance, codified as Article III, Chapter 42 of the La Porte Code of Ordinances,has a positive effect on the community and is effective in both protecting juveniles and reducing juvenile crime. Section 2: That Chapter 42, "Miscellaneous Offenses," Article III, "Curfew for Juveniles," of the Code of Ordinances, La Porte,Texas, is hereby amended to read as follows: "ARTICLE III.-CURFEW FOR JUVENILES Sec.42-71.- Findings and determinations. (a) Persons under the age of 18 are particularly susceptible, because of their lack of maturity and experience, to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime. (b) The city has an obligation to provide for: (1) The protection of minors from each other and from other persons;