O693 addition of Section 12-10 "Protection of children exposed to unjustified violence"ORDINANCE NO. 693
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, AMENDING CHAPTER 12, "MISCELLANEOUS PROVISIONS AND
OFFENSES" OF THE KENNEDALE CITY CODE BY ADDING SECTION 12-10,
"PROTECTION OF CHILDREN EXPOSED TO UNJUSTIFIED VIOLENCE";
P ROVIDING A PENALTY FOR VIOLATION HEREOF; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
P ROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND
P ROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, 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 Texas Local Government Code; and
WHEREAS, the exposure of society's children to violence is a pervasive problem that
plagues society at every level; and
WHEREAS, a study by the U S. Department of Justice found that sixty percent of
American children were exposed to violence, crime, or abuse in their homes, schools, and
communities; and
WHEREAS, witnessing violence puts children at a greater risk of taking their own life; it
being estimated that children who grow up in homes with domestic and family violence are six
times more likely to commit suicide; and
WHEREAS, children exposed to violence, whether as victims or witnesses, have a high
risk of experiencing learning difficulties, speech and language impairments, and school failure;
and
WHEREAS, exposure to violence is a strong predictor of violent delinquent behavior
among adolescents, and it is estimated that children who grow up in homes with domestic and
family violence are seventy-four percent more likely to commit a violent crime against someone
else; and
WHEREAS, children exposed to violence may be more aggressive and are more likely
to use violence to resolve situations; studies have demonstrated that children of domestic
violence are three times more likely to repeat the cycle in adulthood, and that growing up with
domestic violence is the most significant predictor of whether or not someone will be engaged in
domestic violence later in life; and
WHEREAS, the City Council hereby finds and determines that the regulations set forth
herein are in the best interest of the public and are adopted in furtherance of the public health,
safety, morals, and general welfare.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
PAGE 1 OF 4
0693 CITY OF KENNEDALE, TX 2020
SECTION 1.
That Chapter 12 "Miscellaneous Provisions and Offenses" of the Kennedale City Code is
amended by adding Section 12-10 "Protection of children exposed to unjustified violence" to
read as follows:
Sec. 12-10. — Protection of children exposed to unjustified violence.
(a) General purpose.
It is the purpose of this section to protect children whose health, safety, and welfare may
be jeopardized through exposure to unjustified violence.
(b) Definitions.
For the purposes of this section, the following words and phrases shall have the
meanings respectively ascribed to them by this subsection:
Allow means to permit, enable, grant, or approve.
Child means a person under 18 years of age who is not and has not been married or
who has not had the disabilities of minority removed for general purposes.
Child relation means a lineal descendant by blood or adoption, or a foster child, or a
minor ward, of either the person described in subsection 12-10(c)(1) or their spouse, or the
victim against whom the act of unjustified violence is commissioned or their spouse.
Household means a unit composed of persons living together in the same dwelling,
without regard to whether they are related to each other. Member of a household includes a
person who previously lived in a household.
Intentionally means "intentionally" as defined in Texas Penal Code §6.03(a).
Knowingly means "knowingly" as defined in Texas Penal Code §6.03(b).
Presence means occurring such that the act may be seen or heard.
Recklessly means "recklessly" as defined in Texas Penal Code §6.03(c).
Unjustified violence means an act that is intended to result in physical harm, bodily
injury, assault, or sexual assault or that is a threat that reasonably places an individual in fear of
imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive
measures to protect oneself.
(c) Violation and defenses.
(1) It shall be unlawful for a person to intentionally, knowingly or recklessly commit
unjustified violence against another in the presence of a child relation or a child
of the person's household.
(2) It is a defense to prosecution that the conduct of any alleged violation of
subsection 12-10(c)(1) is justified under of Texas Penal Code Chapter 9.
(3)
It is an exception to prosecution that the person was the direct victim of the
unjustified violence described in subsection 12-10(c)(1).
PAGE 2 OF 4
0693 CITY OF KENNEDALE, TX 2020
(d) Penalties.
(1) Any person convicted of violating the provisions of subsection 12-10(c)(1) shall
be guilty of a class C misdemeanor and shall be punished by a fine not to exceed
$500.00.
(2) This section does not serve to limit any other remedies available to the
jurisdiction in law or equity.
(3) Each violation shall constitute a separate offense.
(e) Higher charges.
Before the city attorney, deputy city attorney, assistant city attorney, or any other
attorney authorized to represent the state in the municipal court files a complaint in the
municipal court for a violation under subsection 12-10(c) of this Code, the attorney shall make a
good faith effort to ensure that any and all higher charges or potential higher charges arising
from the same incident or event are rejected by the state's attorney prosecuting the higher
charges or otherwise disposed of under law.
(f) Protocol for responding to children exposed to violence.
The chief of police shall, within 180 days of the effective date of the ordinance from
which this section derives, draft and issue for use by police officers in the department a protocol
when responding on -scene to a child exposed to violence. When drafting the protocol, the chief
of police shall consider, but is not required to include in the protocol, the following:
(1) Identifying and documenting any children in the home and their level of exposure
to the incident;
(2) Speaking with children at eye level about what happened and what is going to
happen next;
(3) Validating children's emotional responses;
(4) Assisting the protective parent with comforting the child;
(5) Assisting the protective parent understand any coordinated services available to
the child; and
(6) Assisting the protective parent understand the impact of domestic violence on
children.
SECTION 2.
That this ordinance shall be cumulative of all provisions of all ordinances and the
Kennedale City Code, as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances or City Code, in which event the conflicting
provisions of such ordinances and City Code are hereby repealed.
SECTION 3.
That 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 invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining, phrase, clauses, sentences,
paragraphs or sections of this ordinance since the same would have been enacted by the City
Council without incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
PAGE 3 OF 4
0693 CITY OF KENNEDALE, TX 2020
S ECTION 4.
That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than $500.00. Each day that a violation is permitted to exist shall constitute a
separate offense.
S ECTION 5.
That all rights and remedies of the City Kennedale are saved as to any and all violations
of the provisions of the Kennedale City Code that have accrued at the time of the effective date
of this ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
S ECTION 6.
That the City Secretary of the City of Kennedale is hereby directed to publish this
Ordinance as required by law.
SECTION 7.
That this Ordinance shall take effect after its passage and publication as required by
law, and it is so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, THIS THE 21st DAY OF APRIL, 2020.
APPROVED:
MAYOR BRIAN1 JOHNSON
ATTEST:
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CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
CITY ATTORN r r'DREW LAR
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0693 CITY OF KENNEDALE, TX 2020
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CITY OF KENNEDALE ORDI-
NANCE NO. 693 AN ORDI-
NANCE OF THE CITY COUNCIL
OF THE CITY OF KENNEDALE,
TEXAS, AMENDING CHAPTER
12, "MISCELLANEOUS PROVI-
SIONS AND OFFENSES" OF
THE KENNEDALE CITY CODE BY
ADDING SECTION 12-10, "PRO-
TECTION OF CHILDREN EX-
POSED TO UNJUSTIFIED VIO-
LENCE"; PROVIDING A PENAL-
TY FOR VIOLATION HEREOF;
PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PRO-
VIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE
DATE. THAT ANY PERSON,
FIRM OR CORPORATION WHO
VIOLATES, DISOBEYS, OMITS,
NEGLECTS OR REFUSES TO
COMPLY WITH OR WHO RE-
SISTS THE ENFORCEMENT OF
ANY OF THE PROVISIONS OF
THIS ORDINANCE SHALL BE
FINED NOT MORE THAN
$500 00 EACH DAY THAT A VI-
OLATION IS PERMITTED TO EX-
IST SHALL CONSTITUTE A SEP-
ARATE OFFENSE THAT THIS
ORDINANCE SHALL TAKE EF-
FECT AFTER ITS PASSAGE AND
PUBLICATION AS REQUIRED BY
LAW, AND IT IS SO ORDAINED.
PASSED AND APPROVED ON
THIS 21ST DAY OF APRIL, 2020.
APPROVED /S/ MAYOR BRIAN
JOHNSON / ATTEST /S/ CITY
SECRETARY LESLIE E. GALLO-
WAY / APPROVED AS TO
FORM AND LEGALITY /S/ CITY
ATTORNEY DREW LARKIN
5/ 13/2020 1:10:38PM Page 2 of 2 _FRM_OrderConfirmation.rpt