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HomeMy WebLinkAboutOrdinance No. 07/07 Registered Sex Offender ORDINANCE NO. 07 /07 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 7 ("OFFENSES AND NUISANCES") TO ADD A NEW ARTICLE 7.1100 TO BE ENTITLED "REGISTERED SEX OFFENDERS," TO PROHIBIT CERTAIN DESIGNATED PERSONS FROM RESIDING WITHIN 2,000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park finds, determines and declares that registered sex offenders are a serious threat to public safety; and WHEREAS, the City Council determines that the recidivism rate for registered sex offenders is alarmingly high, especially for those who commit crimes against children; and, WHEREAS, the City Council determines that establishing a policy to restrict the property available for residence of registered sex offenders will provide better protection for children gathering in the City; and WHEREAS, a 2,000 foot safety zone for registered sex offenders is fair and appropriate; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 7 ("Offenses and Nuisances") of the Code of Ordinances of the City of University Park, Texas, is hereby amended by adding a new Article 7.1100, to be entitled "Registered Sex Offenders," without amendment, repeal or change to any other article, section, or provision of Chapter 7, such that the new Article 7.1100 shall read in its entirety as follows: "CHAPTER 7 OFFENSES AND NUISANCES ARTICLE 7.1100 REGISTERED SEX OFFENDERS Sec. 7.1101 Definitions. For the purposes of this article, the following terms, words, and the derivations thereof shall have the meanings given herein: Minor means a person younger than seventeen (17) years of age. Permanent Residence means a place where a person abides, lodges, or resides for fourteen (14) or more consecutive days. Temporary Residence means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent residence, or a place where a person routinely abides, resides, or lodges for a period of 4 or more consecutive days or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 7.1102 Offenses. For each person required to register on the Texas Department of Public Safety's Sex Offender Database (the "Database") because of a violation involving a victim who was a minor, it is unlawful for that person to establish a permanent residence or temporary residence in the City within 2,000 feet of any premises where children commonly gather, including a public or private school, day-care facility, public park, playground, public or private youth center, public swimming pool, or video arcade facility. For the purposes of this article, planted street medians shall not be considered public parks. Sec. 7.1103 Evidentiary matters; measurements. (a) It shall be prima facie evidence that this article applies to a person if that person's record, or records pertaining to that person, appears on the Database and the Database indicates that the victim was a minor. (b) For the purposes of determining the minimum distance separation, the 2,000 foot 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, or, in the case of multiple residences on one property, measuring from the nearest property line of the property where the multiple residences are situated to the nearest property line of the premises where children commonly gather. (c) A map depicting the prohibited areas shall be maintained by the City of University Park. The City shall review the map at least annually for changes. The map will be available to the public at the University Park Police Department. Sec. 7.1104 Culpable mental state not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article, and any offense shall be considered a strict liability offense. Sec. 7.1105 Affirmative defenses. It is an affirmative defense to the prosecution of an offense under this article that any of the following conditions apply: (1) The person required to register on the Database established his permanent or temporary residence in the City prior to the effective date of this article, and has complied with all sex offender registration laws of the State of Texas. (2) The person required to register on the Database is a minor, or was a minor when he committed the offense requiring such registration and was not convicted as an adult. (3) The premises where children commonly gather was opened or began to be used as such after the person established the permanent or temporary residence, and the person has complied with all sex offender registration laws of the State of Texas. (4) The information in the Database pertaining to that person is incorrect and, if corrected, this article would not apply to that person. Sec. 7.1106 Penalty. Any person violating the provlSlons of this article shall, upon conVIctIOn, be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense." SECTION 2. That any provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision hereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall, upon conviction, be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: ~ MES H. HOLMES ATTEST: APPROVED AS TO FORM: CY~rt~~ CITY ATTORNEY (15155)