O-2010-3308 Regulation of Sex Offender residency

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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. That the Code of Ordinances, City of La Porte, Texas, Chapter 42 "Miscellaneous Offenses", Article V. "Regulation of Sex Offender Residency" is hereby amended and shall read as follows: "Article V, REGULATION OF SEX OFFENDER RESIDENCY Sec. 42-102. Finding and Intent. The City Council finds that repeat sex offenders, sex offenders that use physical violence and who are convicted of preying on children are sexual predators who present an extreme threat to the health, safety, and welfare of children. Sex offenders are likely to use physical violence, to repeat an offense, have many more victims than are ever reported, are prosecuted for only a fraction of their actual sexual offenses, and children not only lack the ability to protect themselves but additional measures should be taken to keep known sex offenders from having access to children in areas where children generally feel safe. It is the intent of this ordinance to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain registered sex offenders and sexual predators are prohibited from establishing temporary or permanent residency. Section 42-103. Definitions. The following words, terms, and phrases; when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; Child Safety Zone is a premise where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility. A "playground", "premises", "school", "video arcade facility", and `youth center" have the meanings assigned by Section 481.134 of the Texas Health and Safety Code and as defined by Article 42.12 Section 13D(a)(2)(d) of the Texas Code of Criminal Procedure.