O-2016-3657 Establishing Drug Free Zones and Adopting a Map Illustrating the Drug Free Zone

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ORDINANCE NO. 2016-3657 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS APPROVING A MAP AS THE OFFICIAL RECORD OF THE LOCATION AND BOUNDARIES OF DRUG-FREE ZONES WITHIN THE CITY LIMITS IN ORDER TO AID CRIMINAL PROSECUTION IN ENHANCEMENT OF CRIMINAL PENALTIES FOR UNLAWFUL DRUG ACTIVITIES IN THESE ZONES; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of LaPorte, Texas recognizes that the Texas State Legislature has authorized penalties for certain drug offenses established in the Texas Health and Safety Code and occurring in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or in, on, or within 300 feet of the premises of a public swimming pool, or video arcade facility; or in, on, or within 1,000 feet of the premises of a school; or on a school bus; or in, on or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board; and WHEREAS, to aid in the criminal prosecution of certain drug offenses established in the Texas Health and Safety Code, it is necessary for the City of La Porte to adopt an Ordinance approving a map as the official record of the location and boundaries of all institutions of higher learning, playgrounds, schools, video arcade facilities, youth centers, public swimming pools and real property owned, rented or leased to a school or school board, as those terms are defined in the Texas Health and Safety Code, and to identify those facilities and the qualifying areas around such facilities as drug-free zones; and WHEREAS, because the La Porte Police Department's success in reducing drug trafficking in the City of La Porte, Texas is contingent upon effective prosecution by the Harris County District Attorney's office of these offenses, the La Porte City Council encourages prosecutors in the Harris County District Attorney's office to prosecute, based upon the enhanced penalties that the law provides and to utilize the map herein adopted as evidence in the prosecution of such cases; now therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this ordinance are true and correct. Section 2. The map attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, is hereby approved as the official map of the location and boundaries of all drug-free zones located within the territorial limits of the City of LaPorte, Texas, as the term "drug-free zones" is defined in the Texas Health and Safety Code.