Loading...
HomeMy WebLinkAboutOrdinance No. 20-011 Continuing the Mayor's Declaration of Disaster - CurfewORDINANCE NO.20-011 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK CONTINUING THE MAYOR'S DECLARATION OF LOCAL STATE OF DISASTER ATTACHED HERETO AS EXHIBIT "A";PROVIDING PROMPT AND GENERAL PUBLICITY;PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENAL TY OF FINE NOT TO EXCEED $1,000.00 FOR EACH VIOLATION;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the death of George Perry Floyd while in the custody of the Minneapolis Police has triggered peaceful protests and demonstrations around the country,including the Dallas metropolitan area;and, WHEREAS,the protests and demonstrations under the cover of darkness have in some cases become civil disturbances and have resulted in property damage and looting;and, WHEREAS,public safety resources are limited and would be strained ifproperty damage and looting occurred in the City of University Park;and, WHEREAS,Chapter 418 of the Government Code authorizes the City Council to renew and continue the Mayor's Order for a mandatory curfew for all residents during the hours of7:00 p.m.to 6:00 a.m.daily until terminated, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS: SECTION 1.That a local state of disaster has been declared and mandatory curfew ordered for University Park,Texas,by Declaration of Mayor Tommy Stewart pursuant to section 418.108 (a)of the Texas Government Code. SECTION 2.That pursuant to section 418.1 08 (b)of the Government Code,the state of disaster declared and mandatory curfew ordered by the Mayor are renewed and continued indefinitely from the date of this ordinance. SECTION 3.That the Mayor's Declaration of a Local State of Disaster,attached hereto as Exhibit "A",is hereby ratified and adopted. SECTION 4.That pursuant to Section 418.108 (c)of the Texas Government Code,this ordinance shall be given prompt and general publicity and shall be filed promptly with the City Secretary. SECTION 5.That a violation of the mandatory curfew contained in the Declaration shall be subject to a penalty of fine not to exceed $1,000.00 for each offense. SECTION 6.That if any section,paragraph,sentence,subdivision,clause,phrase or provision of this ordinance be adjudged or held to be unconstitutional,illegal,or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision hereof other than the part so decided to be unconstitutional,illegal,or invalid and shall not affect the validity of the remainder of this ordinance or any other provision of the ordinances of the City of University Park. SECTION 7.That this ordinance shall take effect immediately from and after its passage and the publication of the caption,as the law and charter in such cases provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS,THE 5TH DAY OF JUNE 2020. APPROVED: ~A-/ APPROVED AS TO FORM: (j~f.WfM City Attorney (RLD/116012) ATTEST: CHRISTINE GREEN,CITY SECRETARY 2 EXHIBIT "A" 3 EXHIBIT "A"-ORD.NO.20-011 DECLARATION OF A LOCAL STATE OF DISASTER DATE ORDER ISSUED:June 3,2020 WHEREAS,the death of George Perry Floyd while ill the custody of the Minneapolis Police has triggered peaceful protests and demonstrations around the country,including the Dallas metropolitan area;and, WHEREAS,the protests and demonstrations under the cover of darkness have in some cases become civil disturbances and have resulted in property damage and looting;and, WHEREAS,public safety resources are limited and would be strained if property damage and looting occurred in the City of University Park;and, WHEREAS,Chapter 418 of the Government Code and the ordinances of the City authorize the Mayor to order a mandatory curfew for all residents beginning 7:00 p.m.,June 3,2020 and continuing during the hours of 7:00 p.m.to 6:00 a.m.daily until June 6,2020 or until sooner terminated by the Mayor NOW THEREFORE,by virtue of the power vested in me as Mayor of the City of University Park,Texas,by Section 418.108 of the Government Code and the ordinances ofthe City,and in view ofthe premises above,I,Tommy Stewart,do hereby Declare a Local State of Disaster and Order the following: 1.In coordination with the City of Dallas and the Town of Highland Park,effective as of7:00 p.m.on June 3,2020,and continuing to 6:00 a.m.on June 6,2020 a mandatory curfew is hereby Ordered during the hours of 7:00 p.m.to 6:00 a.m.Except as provided herein,all persons are prohibited from travelling or being on any public street or place during the curfew hours. 2 All individuals currently living within the City of University Park are ordered to stay in their places of residence during the hours of curfew.Residents are advised to park their vehicles in the garage insofar as is possible,remove all valuables from vehicles not in a garage,lock all vehicles left out of a garage,and lock all outside doors.If anything suspicious is seen,call 9-1-1 for assistance. 3.All businesses operating within the City of ·University Park are required to cease all activities at facilities located within the City during the hours of curfew. 4.All law enforcement,fire,medical personnel,.and members of the news media,as well as other designated persons authorized by the City,Dallas County,or the State of Texas are exempt from the curfew.Individuals traveling to and from work,seeking medical attention or engaging in exempt activities,fleeing dangerous situations,or experiencing homelessness are also exempt.For purposes of these emergency regulations,"travel" includes without limitation,travel on foot,bicycle,skateboard,or scooter.For purposes 1 of these emergency regulations,"public place"means any place,whether on privately or publicly owned property,accessibJe to the general public,including but not limited to, streets,highways,alleys,sidewalks,vacant lots,parks,public buildings,parking lots,and unsupervised property. 5.All emergency services provided by local governments needed to ensure the continuing operation of the government agencies to provide for the health,safety and welfare of the public are exempted from the curfew. 6.This Order shall be effective until 6:00 a.m.on June 6,2020,unless this declaration is extended by the Mayor &City Council of University Park. 7.The City of University Park must promptly provide copies of this Order by posting on the City of University Park website.In addition,the owner,manager,or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and to provide a copy to any member of the public asking for a copy.If any subsection,sentence,clause,phrase,or word of this Order or any application of it to any person,structure,gathering,or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction,then such decision will not affect the validity of the remaining portions or applications of this Order. IT IS SO ORDERED ~~cSlf- TOMMY STEW ART MA YOR,CITY OF UNIVERSITY PARK 2 ORDINANCE NO.20-011 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK CONTINUING THE MAYOR'S DECLARATION OF LOCAL STATE OF DISASTER ATTACHED HERETO AS EXHIBIT "A";PROVIDING PROMPT AND GENERAL PUBLICITY;PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENAL TY OF FINE NOT TO EXCEED $1,000.00 FOR EACH VIOLATION;AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS,THE 5TH DAY OF JUNE 2020. TOMMY STEWART,MAYOR ATTEST: ~\)\_~~~ CHRISTINE GREEN,CITY SECRETARY 4