O394ORDINANCE NO. 394
AN ORDINANCE RENEWING ORDINANCE NO. 292 OF THE
KENNEDALE CODE OF ORDINANCES WHICH ESTABLISHED
JUVENILE CURFEW REGULATIONS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING 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 Local Government Code; and
WHEREAS, the City Council adopted Ordinance No. 292 in 2005,
codified as Chapter 12, Section 12 -7 in the Kennedale City Code, adopting
juvenile curfew regulations; and
WHEREAS, the City Council has determined that the ordinance adopting
a curfew for persons under the age of 17 has reduced criminal activity in the City
of Kennedale; and
WHEREAS, the City of Kennedale has an obligation to provide for the
protection of minors and children, for the protection of the general public, and for
the reduction of the incidence of juvenile criminal activities; and
WHEREAS, Section 370.002 of the Texas Local Government Code
requires the City to review the curfew ordinance and hold public hearings every
three years; and
WHEREAS, after a careful study of results from the past three years and
conducting the necessary public hearings, the City Council has determined that
continuing a curfew for those under the age of 17 will be in the interest of the
public health safety and general welfare and will help to attain the foregoing
objectives and diminish the undesirable impact of such conduct on the citizens of
the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF KENNEDALE, TEXAS:
SECTION 1.
City of Kennedale Curfew Ordinance No. 292, codified as Chapter 12,
Section 12 -7 in the Kennedale City Code, is hereby continued, as is, with no
revisions or changes.
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SECTION 2.
This Ordinance shall be cumulative of all other Ordinances of the City of
Kennedale, and shall not repeal any of the provisions of such ordinances except
in those instances when provisions of such ordinances are in direct conflict with
the provisions of this ordinance in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 3.
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 4.
All rights or remedies of the City of Kennedale, Texas are expressly saved
as to any and all violations of the provisions of any ordinances affecting curfew
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, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the Courts.
SECTION 5.
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 upon conviction not more than Five Hundred Dollars
($500.00) for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish
in the official newspaper of the City of Kennedale the caption, penalty clause,
publication clause and effective date clause of this ordinance as provided by
Section 3.10 of the Charter of the City of Kennedale.
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SECTION 7.
This ordinance shall be in full force and effect from and after its passage
and publication as required by law and it is so ordained.
PASSED AND APPROVED THIS 10 DAY OF APRIL, 2008.
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BRYAN LANKHORST, MAYOR
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KATHY TU ER, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
WAYNE OLSON, CITY ATTORNEY