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Home My WebLink AboutO-2006-2901 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 26. 2006 Budl!et Requested By: Ri('hard F. Reff Source of Funds: Department: City Coullcil Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: Exhibits: Maps Amount Requested: Exhibits: Proposed Ordinance Budgeted Item: YES NO Exhibits Cb~pter 481 134 of He~ltb ~Ild S~fety Code SUMMARY & RECOMMENDATION At the June 12,2006 Council Workshop the Council provided direction regarding the elements of a Sex Offender Residence Restriction Ordinance which will establish a safety zone of 1,000, 1,500 or 2,000 foot in areas where children commonly gather. This ordinance places a restriction where an adult sex offender of a child who was less than 16 years of age at the time of the offense from residing, temporarily or permanently, within the established safety zone of an area where children may commonly gather. The ordinance provides certain exceptions to the application of the restrictions and further provides a penalty for violation of the ordinance. Action Required bv Council: Request the Council establish the size of the safety zone and consider the implementation of the proposed ordinance. (; -'cl{ ~O Y Date ORDINANCE NO.2006 - 2901 AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING ARTICLE V "REGULATION OF SEX OFFENDER RESIDENCY", 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; PROVIDING A SEVERABLITY 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 restrict the will provide City; and Ci ty Council finds property available better protection that establishing a policy to for residence of sex offenders for children gathering in the WHEREAS, Article 42.12(13B) of the Texas Procedure, provides a 1,000 foot safety zone condi tion of probation for those convicted offenses; and Code of Criminal for children, as a of certain sexual 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; 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 of the City of La Porte, Texas is hereby amended by adding Article V, "Regulation of Sex Offender Residency", to Chapter 42 "Miscellaneous Offenses" of the Code of Ordinances, which said Article 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 sex offenders 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. Sec. 42-103. Definitions. The following words, section, shall have section, except where meaning; terms, and phrases, when used in this the meanings ascribed to them in this the context clearly indicates a different Permanent residence means a place where the person abides, lodges or resides for fourteen (14) or more consecutive days. Temporary residence means a place where the person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 42-104. Exceptions. Sex Offender Residency Prohibition; Penalty; and (a) If a person is required to register on the Department of Public Safety's Sex Offender Database because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1000 feet of any premises where children commonly gather, including a playground, school, day care facility, video arcade facili ty, public or private youth center, or public swimming pool, as those terms are defined in Article 481.134 of the Health and Safety Code of the Sate of Texas. It shall be prima facie evidence that this Article applies to such a person if the person's record appears on the Database and the Database indicates that the victim was less than sixteen (16) years of age. (b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein, or in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein. A map generally depicting the prohibited areas is attached to this ordinance for representation purposes. The City shall review the map at least annually for changes, and it will be available at the La Porte Police Department. (c) Nothing in this ordinance shall be interpreted to modify or reduce the State's child safety zone ban. (d) Neither allegation nor evidence state is required for the proof of this Article. of a culpable mental an offense defined in Sec. 42-105 Affirmative Defenses. It is an affirmative defense to prosecution under this Article that any of the following conditions apply: 1) The person who established the permanent or temporary residence has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. 2) The person was a minor when he/she committed the offense and was not convicted as an adult. 3) The person is a minor. 4) The premises where children commonly gather, as specified herein, wi thin 1000 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. 5) The person proves that the information on the Database is incorrect and that, if corrected, this Article would not apply to the person. Sec. 42-106 Penalty for violation of this Article. Any Person, as the term "Person" is defined in the Texas Penal Code, who violates this Article and upon conviction in the municipal court of this city, shall be guilty of a misdemeanor and subject to a fine for each offense in an amount established by the city and listed in Appendix B of this Code, but in no event shall such fine exceed $500." Section 3. Open Meetings. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. ordinance be application Severabili ty. Should any section or part of this held unconstitutional, illegal, or invalid, or the to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconsti tutionali ty, illegali ty, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED on dUne- 2006. the first reading on the M day of ~~~ By: Alton E. Porter Mayor ATTEST: (:!!/j~ 11. .!I.dI! Mart a A. Gillett City Secretary APPROVED: ~--r~ C ark T. Askins Assistant City Attorney \' '"1\-'" ~// - ~f)/~~O\~ = w ~ ~ y <\ '[ "'>/ /" ~~ \ < j --~~---- \~\ , ~f~ [Il{} LI~ . -- ~_~~.~~ I I II_~ /_l_ L DI[ () ..... ~ ~ 8 (1) c: q ~ 3 OJ " ~ ~ m (1) ..0 ..., C (1) ::J r+ (1) a. 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