workshop item #18 for 6/12/06 agenda

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OS/22/2005 09:45 9797982018 CITY OF BRAZORIA PAGE 01 ORDINANCE NO. 05~008 AN ORJ)lNANCE OF THE CITY OF BRAZORIA, TEXAS, DEFINING CERTAIN TERl\IS; MAKING IT UNLAWFUL FORCERTAIN SEXUAL OFFENDERS TO RESIDE WITJiIN 1000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING EXCEPTIONS TO THE ORDINANCE; PROIIIBITING PROPERTY OWNERS FROM RENTING REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS; PROVIDING PENALTIES FoR VIOLATIONS OF THE ORDINANCE; REPEALING ORDINANCES OR PART OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND FINDING FACT. WHEREAS, the Mayor and City Council of the City of Brazoria, Texas, are deeply concel;11ed about the numerous and recent occurrences in our state and elsewhere, whereby convicted sex. offenders who have been released :from custody repeat the. unlawful acts for which they had been. originally convicted; and WHEREAS, the Mayor and City Council ofthe City of Brazoria, Texas, find D..om the evidence the recidivism rate for released sex offenders is alarmingly high, especially for tbose who commit their crimes on children; and WHEREAS, the City is becoming an increasingly attractive place for younger families with small children; and WHEREAS, the Mayor and City Council of the City '0 f Brazoria, Texas desire to establish a policy which provides maximum protection of the lives and persons of the City of Brazoria; and WHEREAS, Article 42.l2(13B) of the Texas Code of Criminal Procedure, provides a 1000 foot safety zone fur children. as a condition-of probation for those convicted of certain sexual offenses; and . WHEREAS, the laws of the State ofTexas~ including those found in Chapter 51 of the Texas Local Goverlllnent Code provide the City authority to adopt ordinances for the good govenunent, peace order and welfare of the municipality; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OJ? THE CITY OF BRAZORIA, TEXAS: Section One (1): Findings and Intent That repeat se:rual offenders, sexual offenders that use physical violence and sexual offenders who prey on children are sexual predators who present an extreme tbxeat to the public safety. Sex:ual offenders are ex.tremely likely to "USe physical violence and to r~p~at their offenses and most sexual '0 ffenders commit many offences, have many more Vlct1:O.1S than are ever reported, and are prosecuted for only a fraction of their crimes.