2024-04 O - Repealing Chapter 8 Article 8.04 Juvenile Curfew OrdinanceTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-04
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING IN ITS ENTIRETY ARTICLE 8.04, "CURFEW FOR
MINORS," OF CHAPTER 8, "OFFENSES AND NUISANCES," OF THE CODE
OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS; MAKING
FINDINGS; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, Chapter 8, "Offenses and Nuisances," of the Prosper Code of Ordinances
contains Article 8.04, entitled "Curfew for Minors," which article generally provides for a curfew
making it unlawful for minors under 17 years of age to be in any public area between certain
hours; and
WHEREAS, House Bill 1819, which was adopted by the 88th Texas Legislature, Regular
Session, became effective on September 1, 2023, and which bill, in part, prohibits cities from
adopting or enforcing an ordinance or other measure that imposes a curfew on juveniles; and
WHEREAS, as a consequence, the Town's juvenile curfew is no longer enforceable; and
WHEREAS, this ordinance amends the Code of Ordinances by repealing in its entirety the
Town's Juvenile Curfew Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be the true and correct legislative determinations
of the Town of Prosper and they are hereby approved and incorporated into the body of this
ordinance as if copied in their entirety.
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From and after the effective date of this Ordinance, Article 8.04, "Curfew for Minors," of
Chapter 8, "Offenses and Nuisances," of the Code of Ordinances of the Town of Prosper, Texas,
is hereby repealed in its entirety.
SECTION 3
All provisions of any ordinance in conflict with this ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The Town of Prosper hereby
declares that it would have passed this ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 5
This ordinance shall become effective after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 9TH DAY OF JANUARY, 2024.
APPROVED:
David F. Bristol, Mayor
ATTEST:
iii. C'G� �Lv" S i ei'Ll. f'�
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2024-04, Page 2