Ord 2022-098/amending Chapter 54, miscellaneous offenses, of the San Marcos City Code by re-adopting and extending article 3, Curfew, creating curfew hours for minors;

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ORDINANCE NO. 2022 -98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 54, MISCELLANEOUS OFFENSES, OF THE SAN MARCOS CITY CODE BY RE-ADOPTING ARTICLE 3, CURFEW, CREATING CURFEW HOURS FOR MINORS; SETTING OUT VIOLATIONS AND DEFENSES; ESTABLISHING PENALTIES FOR THE VIOLATION THEREOF; REQUIRING PRESENTATION OF DATA AT EACH RENEWAL; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On June 2, 2009, the City Council adopted Ordinance No. 2009-28 establishing a curfew for minors under Section 54.076 et seq. of the San Marcos City Code. State law requires that cities hold a public hearing every three years on the need to continue the ordinance and either abolish, continue or modify the ordinance; otherwise, the curfew would expire. The City Council last readopted the juvenile curfew by Ordinance 2019-040 on November 19, 2019. 2. The curfew for minors was originally established by the City by Ordinance 1994-68 and has been extended and re-adopted by the City Council over the years by ordinances including, but not limited to: 2009-28, 2012-16, 2015-13 and 2019-040. 3. The Chief of Police for the City of San Marcos has provided statistical evidence concerning the effectiveness of the juvenile curfew ordinance. Public hearings were conducted on November 15, 2022, and December 6, 2022, to provide public input on the necessity of continuing the ordinance. 4. The City Council has determined that the existence of the juvenile curfew has aided in decreasing juvenile violence,juvenile gang activity, and other criminal activity related to the lack of maturity and experience exhibited by persons under the age of seventeen years. 5. The City of San Marcos has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control of and responsibility for their children, for the protection of the general public and for the reduction of juvenile criminal activities. 6. The City Council of the City of San Marcos finds that a curfew for those under seventeen years of age will be in the interest of the public health, safety, and general welfare, and will help to attain the above set forth objectives and to diminish the undesirable impact of such conduct on the citizens of the City of San Marcos. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The City Council adopts the findings and conclusions stated in the 1