(1) This part shall apply upon the adoption of a resolution or ordinance by a two-thirds (2/3) vote of the appropriate legislative body of any: County having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census;
(2) County having a population of not less than twenty-eight thousand one hundred (28,100) nor more than twenty-eight thousand two hundred (28,200), according to the 2000 federal census or any subsequent federal census; or
(3) Municipality in any county referenced in subdivision (a)(1) or (a)(2).
(4) Section 39-17-1702 shall not apply to a municipality that has a more stringent curfew ordinance.