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• ORDINANCE NO. 2009 - 28 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 54, MISCELLANEOUS <br />OFFENSES OF THE SAN MARCOS CITY CODE BY ADOPTING <br />ARTICLE 3, CURFEW, CREATING CURFEW HOURS FOR <br />MINORS; SETTING OUT VIOLATIONS AND DEFENSES; <br />ESTABLISHING PENALTIES FOR THE VIOLATION THEREOF; <br />PROVIDING FOR PUBLICATION; AND DECLARING AN <br />EFFECTIVE DATE. <br />RECITALS: <br />1. In August 1994, the City of San Marcos adopted an ordinance establishing a curfew <br />for minors. Subsequent to that date state law was passed requiring that cities hold a public <br />hearing every three years and formally readopt a juvenile curfew ordinance; otherwise, the <br />curfew would expire. The City Council last readopted the juvenile curfew by Ordinance 2004- <br />22, which expired May 11, 2007, three years after the date of readopting. <br />2. The Chief of Police for the City of San Marcos provided statistical evidence <br />• concerning the effectiveness of the juvenile curfew ordinance. A public hearing was conducted <br />on May 11, 2009, to provide public input on the necessity of again adopting a curfew for minors. <br />3. The City Council has determined that the existence of the juvenile curfew has aided in <br />decreasing juvenile violence, juvenile gang activity, and other criminal activity related to the lack <br />of maturity and experience exhibited by persons under the age of seventeen years. <br />4. The City of San Marcos has an obligation to provide for the protection of minors from <br />each other and from other persons, for the enforcement of parental control of and responsibility <br />for their children, for the protection of the general public and for the reduction of incidence of <br />juvenal criminal activities. <br /> <br />5. The City Council of the City of San Marcos believes that a curfew for those under <br />seventeen years of age will be in the interest of the public health, safety, and general welfare, and <br />will help to attain the above set forth objectives and to diminish the undesirable impact of such <br />conduct on the citizens of the City of San Marcos. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The following language, identical to the pre-existing Article 3, Curfew, of <br />Chapter 54, Miscellaneous Offenses, of the City Code of San Marcos is adopted: