HomeMy WebLinkAbout(0008) M&C 19-0395City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/17/19 M&C FILE NUMBER: M&C 19-0395
LOG NAME: 35CURFEW2020
SUBJECT
Conduct Public Hearing on the Need to Continue the Curfew Ordinance for Minors, Review the City's Curfew Ordinance for Minors and Its Effects
on the Community and on Problems the Ordinance was Intended to Remedy and Adopt Ordinance Amending Section 23-19 of City Code, Curfew
Hours for Minors, to Extend the Curfew for an Additional Three Years (ALL COUNCIL DISTRICTS)(Continued from Previous Meeting)
(PUBLIC HEARING - a. Report of City Staff: Captain James Stockton; b. Citizen Presentations; c. Council Action: Close Public Hearing and Act
on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Review the City's Curfew Ordinance for Minors and its effects on the community and on problems the ordinance was intended to remedy;
2. Conduct public hearings on December 17, 2019 and January 14, 2020 regarding the need to continue the curfew ordinance for minors; and
3. Following the second public hearing on January 14, 2020, adopt the attached ordinance amending Section 23-19 of the City Code to extend the
curfew provision for an additional three years.
DISCUSSION:
In 1994, the City Council adopted an ordinance establishing curfew hours for minors. This ordinance was renewed in 2017. Under the current
ordinance, curfew hours are (1) between 11:00 p.m. and 6:00 a.m. of the following day on Sunday, Monday, Tuesday, Wednesday and Thursday,
and (2) between 12:01 a.m. and 6:00 a.m. on Saturdays and Sundays. Section 23-19 also makes it an offense for a parent, guardian or the agent
of a for -profit business to knowingly allow a juvenile to violate the curfew.
In 1995, the Texas Legislature enacted Section 370.002 of the Texas Local Government Code, which addresses a City's authority to enact juvenile
curfew ordinances. This legislation requires a city to review its curfew ordinance at least every three years and specifically its effect on the
community and on problems the ordinance was intended to remedy. Section 371.002 also requires that the City Council (1) conduct public
hearings regarding the need to continue the ordinance and (2) decide whether to abolish, continue or modify it. If a city fails to conduct the required
review and public hearings, the curfew ordinance expires.
In addition to the state law requirements, Section 23-19 itself requires that the periodic review include a report and recommendations from the City
Manager concerning the effectiveness and need for the curfew. Under the City Code, the City Manager's Report addresses the practicality of
enforcing the curfew, notes any enforcement problems encountered by the Police Department or Marshal's Office, indicates the impact of the
curfew on crime statistics, provides information on the number of successful prosecutions of curfew violations and estimates the City's net cost of
enforcing the curfew.
The City's current ordinance will expire on January 24, 2020, if no action is taken. Public hearings regarding the curfew are scheduled to be
conducted on December 17, 2019 and January 14, 2020 as part of the City Council's regularly scheduled meetings. In connection with the current
proposed renewal, the City Manager's Office provided Council with an Informal Report on December 10, 2019 providing the required information
and recommending the extension of the curfew ordinance for an additional three years.
The attached ordinance would amend the City Code to update the effective date, make the curfew effective for an additional three years and revise
the date in the " Sunset Provision" of subsection "h". All other provisions mirror the current ordinance, which was most recently adopted in 2017
(M&C G-18919).
Following the closing of the initial public hearing on December 17, 2019, staff recommends that this Mayor & Council Communication be
continued to the January 14, 2020 meeting for the second public hearing and Council action.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no fiscal impact.
Submitted for City Manager's Office by. Jay Chapa 5804
Originating Business Unit Head: Ed Kraus 4231
Additional Information Contact: Laetitia Brown 6639