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workshop item #18 for 6/12/06 agenda
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workshop item #18 for 6/12/06 agenda
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City Meetings
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City Council
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Minutes
Date
6/12/2006
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<br />of scenario is probably a reason for the requirement of publishing low and medium sex offender <br />has been struck from the law. In this same scenario, the offender was convicted as an adult and <br />cannot live within 1,000 feet of a area where child gather or play, but under the Family Code his <br />parents have to provide for him until he is at least 18! He will be in violation; will he be required <br />to move? <br /> <br />Another scenario to consider: What if a person from another part of the state relocates his <br />business to La Porte to be closer to the port and his business will employ a number of our <br />citizens. The business is established and the person decides to move to La Porte and buys a <br />$200,000 home. He then comes to the Police Department to register as a sex offender of a child <br />of 15 years of age and has been assessed as a low risk violator. When he registers it is <br />determined that the residence is 250 inside a 1,000 foot safety zone, what do we tell him? <br /> <br />Another part of the ordinance is a section that both Brazoria and Alvin adopted that addresses the <br />prohibition of property owners from let or rent any place or structure to a person with the <br />knowledge that it will be used as a temporary or permanent residence by a person prohibited <br />from residing within 1,000 feet from where children gather or play. <br /> <br />Under the CCP Chapter 62 Sex Offender Registration Program Section 62.056( e): <br /> <br />An owner, builder, seller, or lessor of a single-family residential real property or any <br />improvement to residential real property or that person's broker, salesperson, or other agent or <br />representative in a residential real estate transaction does not have a duty to make a disclosure <br />to a prospective buyer or If!ssee about registrants under this chapter. To the extent of any <br />conflict between this subsection and another law imposing a duty to disclose information about <br />registered sex offinders, this subsection controls. <br /> <br />This particular section protects a real estate broker or lessor from the necessity of telling a <br />purchaser of any sex offender registrants. In the Brazoria and Alvin ordinances they are holding <br />the land owner, lessor liable under penalty for leasing, renting or selling temporary or permanent <br />residence to a sex offender if that property is within the 1,000 foot rule. This will require a <br />lessor or land owner to determine if a person or a member of the person's family is a sex <br />offender of a child before they can close any deal, or they could be fmed if it is determined that <br />the individual is a adult sex offender of a child. <br /> <br />This ordinance is becoming very popular and a number of other cities are considering adopting <br />it. I suspect that it will be a major discussion issue with our citizens when brought before <br />council in a workshop I just want to make sure that we have our eyes open it we choose to take <br />this path. <br /> <br />GIS has plotted the 1,000 foot safety zone around all of the areas within the City of La Porte that <br />would establish where a child sex offender may be able to live. This is also attached for your <br />review and you will see that the area available is more limited than imagined. What would the <br />effect be for those who live outside the safety zones when they learn that these particular <br />offenders can only live in their neighborhoods? In drafting this document I realized that in <br />creating the 1,000 foot safety zone I did not consider the school bus stops for GIS to plot. I will <br />endeavor to obtain a location for the school bus stops to add to the current map. I suspect that <br />
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