HomeMy WebLinkAboutOrd 1829 - amending chapter 54
ORDINANCE NO. 1829
AN ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS
. AMENDING CHAPTER 54, OFFENSES AND MISCELLANEOUS
PROVISIONS, OF THE WEST UNIVERSITY PLACE CODE OF
ORDINANCES, BY ADDING A NEW ARTICLE V, ENTITLED
REGULATION OF SEX OFFENDER RESIDENCY MAKING IT
UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN
1,000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING
EXCEPTIONS; PROHIBITING PROPERTY OWNERS FROM RENTING
REAL PROPERTY TO CERTAIN SEX OFFENDERS; PROVIDING FOR
A PENALTY; PROVIDING FINDINGS OF FACT AND OTHER MATTERS
RELATED THERETO.
WHEREAS, the City of West University Place, Texas, (herein the "Cityll), is 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 concerned about the occurrences in our state and
elsewhere, whereby sex offenders convicted of sexual offenses involving children, have
been released from custody and repeat the unlawful acts for which they had been
originally convicted; and
WHEREAS, the City Council finds that the recidivism rate for released sex
offenders is alarmingly high, especially for those who commit crimes against children;
and
WHEREAS, the City is an attractive place for families with young children; and
WHEREAS, the City Council finds that establishing a policy to restrict the
property available for the residence of sex offenders will provide better protection for
children gathering in the City; and
WHEREAS, Article 42~ 12(138) of the Texas Code of Criminal Procedure,
provides a 1 ,000 foot safety zone for children as a condition of probation for those
convicted of certain sexual offenses; and
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 WEST UNIVERSITY PLACE, TEXAS:
Section 1. Chapter 54 of the Code of Ordinances of the City of West University
Place, Texas, is hereby amended by adding a new Article V, Regulation of Sex
Offender Residency, as set out in Appendix A, attached hereto:
Section 2~ 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 unconstitutionality, illegality,
invalidity, or ineffectiveness of such section or part shalJ in no way affect, impair or
invalidate the remaining portion or 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 34 Publication. The City Secretary of the City of West University Place,
Texas, is hereby directed to publish this ordinance, or its caption and penalty clause, in
the official City newspaper within ten (10) days as required by the City Charter of the
City of West University Place, Texas~
Section 4. Effective Date. This ordinance shall take effect on the tenth (10th) day
. following its publication, as provided in the City CharterR
Section 5. Open MeetingsR It is hereby officially found and determined that the
meeting at which this ordinance is passed was open to the public as required and that
public notice of the time, place, and purpose of said meeting was given as required by
the Open Meetings Act, Chapter 551, Texas Government Code~
P~~ APPROVED AND ADOPTED ON FIRST READING on the S-'" day
of ~ I 2006.
Council members Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, ~OVED A
SIGNED, on the day of
ADOPTED ON SECOND READING, AND
, 2006.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Atte .
Signed:
Recommended:
ity Man ger
Approved as to legal form: 4-? ?~
City Attorney
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Appendix A
(New Article V, Code of Ordinances)
ARTICLE V, REGULATION OF SEX OFFENDER RESIDENCY
Sec. 54~150. Finding and intent.
The City Council finds that 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 article 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 are prohibited from establishing temporary or
permanent residency.
Sec. 54-151. Definitions.
The following words, terms, and phrases; when used in this article, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a
different meaning:
UPermanent residencen means a place where the person abides, lodges or
resides for 14 or more consecutive days.
IITemporary 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 four (4) or more consecutive or
nonconsecutive days in any month and which is not the person1s permanent residence.
Sec. 54M152lt Sex Offender Residency Prohibition, Penalty, and Exceptions.
(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 agel it is unlawful for that person to establish a
permanent residence or temporary residence within 1 ,000 feet of any
premise where children commonly gather, including a playground, school,
day care facility, video arcade facility, public or private youth center, or
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public swimming pool, as those terms are defined in Section 481.134 of
the Health and Safety Code of the State of Texas. It shall be prima face
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, which ever is closer to the nearest property line of
the premises where children commonly gather, as described herein.
(c) Any person violating a provision of this section shall be guilty of a
misdemeanor, and upon conviction shall be subject to a fine in
accordance with the general penalty Section 1-7 of the Code of
Ordinances of the City.
(d) Nothing in this section shall be interpreted to modify or reduce the State's
child safety ban. A person, as described in subsection (a)t residing within
1,000 feet of those places where children commonly gather does not
commit a violation of this section if any of the following apply:
(1) The person established the permanent or temporary residence and
has complied with all the sex offender registration laws of the State
of Texas, prior to the date of the adoption of this section;
(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 gatherJ as specified herein,
within 1,000 feet of the personls 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; or
(5) The person proves that the information on the Database is incorrect
and that, if corrected, this section would not apply to the person.
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Sec. 54-153. Property Owners Prohibited from Renting Real Property to
Sex Offenders; PenaJty.
(a) It is unlawful to let or rent any place, structure or part thereof, with the
knowledge that it will be used as a permanent residence or temporary residence by any
person prohibited from establishing such permanent residence or temporary residence
pursuant to the terms of this article, if such place, structure or part thereof, is located
within 1,000 feet, as defined in Section 54-152(b), of any premises where children
commonly gather, including a playgroundt school, day care facility, video arcade facility,
public or private youth center, or public swimming pool, as those terms are defined in
Section 481.134 of the Health and Safety Code of the State of Texas.
(b) Any person, firm or corporation violating a provision of this section shall be
guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance
. with the general penalty Section 1-7 of the Code of Ordinances of the City.
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