16 - Repeal of Curfew OrdinanceItem No. 16
TO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: Richard W. Salter Jr., Chief of Police
SUBJECT: REPEAL OF CURFEW ORDINANCE
DATE: August 14, 2023
BACKGROUND: The City of Paris Code of Ordinances, Chapter 8, Article 8.02, Sections
8.02.031 thru 8.02.039 establishes and governs both a day and night time curfew for children of
various ages. On February 14, 2022, the City Council approved Ordinance No. 2022-006 re-
authorizing the Curfew for Children.
STATUS OF ISSUE: On June 9, 2023, the 881h Texas Legislature passed Texas House Bill 1819
repealing the authority of political subdivisions to adopt or enforce juvenile curfews. This new
State Law takes effect September 1, 2023, thereby making it illegal for the City of Paris to enforce
the current Curfew Ordinance.
While the City stood opposed to this legislation, it ultimately passed and applies to all cities,
including Home Rule cities. The City Manager Office and Police Department have serious
concerns with this new legislation as we believe it places our youth in unnecessary danger,
however it is beyond our control to regulate now that the Texas Legislature has stripped away our
local control in this matter. We continue to encourage our legislators to protect local control so
that our citizens can determine what is best for their own community, however, in this instance,
we were unsuccessful.
BUDGET: No anticipated impact to budget.
RECOMMENDATION: Approve an Ordinance Repealing Section Chapter 8, Article 8.02,
Division 2, Sections 8.02.031 thru 8.02.039, "Curfew for Children" (Ordinance No. 2022-006) of
the Code of Ordinances.
ORDINANCE NO..
AN ORDINANCE OF THE CITY OF PARIS, TEXAS, PROVIDING FOR THE
REPEAL OF CHAPTER 8, ARTICLE 8.02, "CURFEW FOR CHILDREN,"
INCLUDING SECTIONS 8.02.031 THROUGH 8.02.039 OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS, TEXAS, AND DECLARING THE
SAME TO BE NULL AND VOID AND OF NO EFFECT; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
MAKING OTHER FINDINGS AND PROVISIONS AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council, by Ordinance No. 2022-006, reauthorized a curfew for
minors codified in Chapter 8, Article 8.02, Sections 8.02.031 through 8.02.039 of the City of
Paris Code of Ordinances; and
WHEREAS, on June 9, 2023, the Texas Legislature enacted Texas House Bill 1819,
effective September 1, 2023, prohibiting political subdivisions from adopting or enforcing
juvenile curfews; and
WHEREAS, due to the Legislature's passage of legislation prohibiting the city from
exercising its authority as a home rule city with respect to the subject matter of curfews for
minors, the City Council of the City of Paris finds that it must repeal Chapter 8, Article 8.02,
Sections 8.02.031 through 8.02.039.
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, "Curfew for Children," including Sections
8.02.031 through 8.02.03 of the Code of Ordinances, City of Paris, Texas, be, and the same is
hereby, repealed and declared null and void and of no effect.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 4. This ordinance shall be effective immediately upon passage.
PASSED AND ADOPTED this 14th day of August, 2023.
Reginald B. Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney