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HomeMy WebLinkAboutO-2006-2901-B ORDINANCE NO.2006 - 2901 -B AN ORDINANCE AMENDING ORDINANCE NO. 2006 - 2901 OF THE CITY OF LA PORTE, AND 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", 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 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) Procedure, provides a 1,000 condi tion of probation for offenses; and of the Texas Code of Criminal foot safety zone for children, as a those convicted 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; 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; Penal ty ; 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 seventeen (17) years of age, it is unlawful for that person to establish a permanent residence or temporary residence wi thin 1000 feet of any premises where children commonly gather, including a playground, school, video arcade facili ty, public or private youth center, or public swimming pool, as those terms are defined in Section 481.134 of the Texas Health and Safety Code, or a child care facility, as that term is defined in Section 42.002 of the Texas Human Resources Code. 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 seventeen (17) 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. The person was a minor when he/she committed the offense and was not convicted as an adult. The person is a minor. ~ 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. The person proves that the information on the Database is incorrect and that, if corrected, this Article would not apply to the person. The person is under an order of a court of competent jurisdiction in the State of Texas or of the Texas Department of Criminal Justice Parole Board instructing the person to reside at a location within 1000 feet of any premises where children commonly gather. 2) 3) 4 ) 5) 6) 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. The City of La Porte hereby encourages each individual, company, real estate agent, broker, vendor or dealer selling a home or other dwelling, or individual or entity renting or leasing an apartment, home, or other dwelling, when the property that is the subject of the sale or lease is located within the corporate limits of the City of La Porte, to notify a prospective purchaser or renter of this ordinance by providing a written copy of this ordinance or Information Sheet available from the La Porte Police Department to the purchaser or renter. Section 4. The City of La Porte hereby encourages each operator of each child care facility, as that term is defined in Texas Human Resources Code Section 42.002, to immediately notify the City of La Porte at such time as the child care facility should lose, surrender, or otherwise no longer retain a license from the Texas Department of Family and Protective Services to operate within the City of La Porte. Notice shall be provided to the Office of the City Secretary of the City of La Porte at 604 West Fairmont Parkway, La Porte Texas 77571, by written letter transmitted through regular mail. Section 5. 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 6. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application 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 7. 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 the first reading on the l~ day of J..J{}\J 2007. By: ~~L2~ Alton E. Porter Mayor ATTEST: ~Gqil~ City Secretary APPROVED: ~-r~ Clark T. Askins Assistant City Attorney WELCOME TO THE CITY OF LA PORTE CHILD SAFETY ZONE INFORMATION SHEET The City of La Porte is always concerned with the safety of its Citizens. For the protection of the children of the community, the La Porte City Council has implemented a Sex Offender Residency Ordinance #2006-2901B. This ordinance creates a safety zone for children in certain areas were children may gather, by restricting the area that a registered sex offender may buy, lease, or rent for temporary or permanent residency a dwelling, by providing the following: "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 seventeen (17) 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, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in Section 481.134 of the Texas Health and Safety Code, or a child care facility, as that term is defined in Section 42.002 of the Texas Human Resources Code. 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 seventeen (17) years of age." If you wish to determine if the property you are considering to purchase, lease or rent is within any of the Child Safety Zones you can contact the La Porte Po1ice Department, eXD Division at 281-842- 3173 between !hOO am. and 4.00 pm Monday through Priday. In the near future you will also find this information on the City of La Porte Webpage (www.laportetx.gov), clicking on GIS Mapping then Child Safety Zones in the reference panel on the right of the screen.