O-2010-3308 Regulation of Sex Offender residency

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ORDINANCE NO. AW Y AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE V "REGULATION OF SEX OFFENDER RESIDENCY", BY ADDING CERTAIN DEFINITIONS; MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED THERETO; PROVIDING AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY, AND THAT EACH DAY CONSTITUTES A SEPARATE OFFENSE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF; WHEREAS, the City of La Porte, Texas (herein, the "City"), being a home -rule city having authority to utilize police power regulation for the health, safety and general welfare of the citizens of the City; and, WHEREAS, the City Council is deeply concerned about the numerous and recent occurrences in our state and elsewhere, whereby sex offenders convicted of sexual offenses involving children, who have been released from custody and repeat the unlawful acts for which they had been originally convicted; and, WHEREAS, the City Council finds from the evidence the recidivism rate for released sex offenders alarmingly high, especially for those who commit their crimes against children; and, WHEREAS, the City is becoming an increasingly attractive place for families with young children; and, WHEREAS, the City Council finds that establishing a policy to restrict the property available for residence of sex offenders will provide better protection for children gathering in the City; and WHEREAS, Article 42.12(13B) of the Texas Code of Criminal Procedure, provides a 1,000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; and WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, and the City Charter provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality;