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10 - Curfew OrdinanceItem No. 10 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Richard W. Salter Jr., Chief of Police SUBJECT: 8.02.034 CURFEW ORDINANCE REVIEW DATE: February 14, 2022 BACKGROUND: The City of Paris Code of Ordinances, Chapter 8, Article 8.02, Section 8.02.034 thru 8.02.039 establishes and governs both a day and night time curfew for children of various ages. In section 8.02.039, a review of the ordinance is required every third year following the adoption of this ordinance. The action requires the council to review the effect of the article, conduct a public hearing on the need to continue the article, and to consider continuing, or modifying the article. STATUS OF ISSUE: During nocturnal hours children are at greater risk for victimization and/or becoming involved in delinquent or criminal behavior. The below statistics indicate that the ordinance is having the desired effect by providing the police department authority to interdict juvenile involved delinquent activity, thus reducing the likelihood that children will be victims of criminal acts during established curfew periods. BUDGET: No anticipated impact to budget. RECOMMENDATION: Continue the ordinance as presently written. Total Tata! Juveniie Total Total 1uvenale Curfebv Curfew Juvenile isturbar�ces Juvenile Arrests Year Warnings Cases .Filen Disturbances 23GC-06M Arrests 2-1100-0600 2015 5 0 21.4 21 79 14 2017 it 2 173 13 94 9 2015 5 0 195 17 53 4 21119 10 7 231 25 77 12 2020 1 1 158 5 27 2- 2021. 2021 0 0 154 12 48 8 BUDGET: No anticipated impact to budget. RECOMMENDATION: Continue the ordinance as presently written. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, READOPTING CHAPTER 8, ARTICLE 8.02, DIVISION 2, "CURFEW FOR CHILDREN," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, SEVERABILITY CLAUSE, SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 9, 2001, the City Council of the City of Paris, Texas enacted Ordinance No. 2001-021, a curfew ordinance for children which is now codified as Chapter 8, Article 8.02, Division 2, of the City of Paris Code of Ordinances; and WHEREAS, in accordance with Section 370.002 of the Texas Local Government Code, the City Council shall conduct a public hearing and review the curfew ordinance every three (3) years to determine the effect of the ordinance on the community and on the problems the ordinance was intended to remedy; and, WHEREAS, the City Council has conducted such a review and confirmed and readopted said Chapter 8, Article 8.02, Division 2, of the Code of Ordinances every three years since then, most recently in Ordinance No. 2019-008 on February 11, 2019; and WHEREAS, on February 14, 2022, the City Council conducted a public hearing on the curfew ordinance and received comments and testimony from the Paris Police Department and the community about the effectiveness of the curfew ordinance; and, WHEREAS, the testimony reflected that the curfew ordinance has been effective at keeping juveniles safe, curbing juvenile crime and reducing gang activity; and, WHEREAS, based on the comments and testimony received at the public hearing and other related evidence, the City Council of the City of Paris finds that the curfew ordinance should be continued, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Chapter 8, Article 8.02, Division 2, "Curfew for Children," of the Code of Ordinances of the City of Paris, Texas is hereby readopted and confirmed in it's entirety. Page 1 of 2 Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section S. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 14th day of February, 2022. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Paula Portugal, Mayor Page 2 of 2