04-08-08-Ordinance-Sex Offender Residence Regulations-04/07/2008ORDINANCE #04-08-08
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ADDING
ARTICLE 8.900 OF THE SANGER CITY CODE MAKING IT
UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN
2,000 FEET OF PREMISES WHERE CHILDREN GATHER; MAKING IT
UNLAWFUL TO LEASE, RENT, OR PROVIDE LIVING SPACE TO
CERTAIN SEX OFFENDERS WHEN SUCH WOULD RESULT IN
VIOLATION OF THIS ORDINANCE; PROVIDING THAT A CULPABLE
MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN
OFFENSE UNDER THESE PROVISIONS; PROVIDING FOR
AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Sanger is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the Mayor and City Council of the City are deeply concerned 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 City Council finds that the recidivism rate for released sex offenders is
alarmingly high, especially for those who commit their crimes against children; and
WHEREAS, the City Council finds that establishing a policy to restrict the property
available for residence of sex officers will provide better protection for children gathering in the
City; and
WHEREAS, the City Council of the City of Sanger finds and declares that the presence
of sex offenders in areas where children tend to gather constitutes a serious threat to public
safety; and
WHEREAS, Article 42.12 (13B) of the Texas Code of Criminal Procedure provides a
one thousand (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 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 SANGER, TEXAS:
SECTION 1.
Article 8.900 of the Sanger City Code is hereby added by the addition, which shall
provide as follows:
ARTICLE V. RESTRICTIONS ON RESIDENCY OF SEXUAL
OFFENDERS AGAINST CHILDREN
Section 8.901 Finding, intent and definitions.
(a) Findings and Intent. That repeat sexual offenders, sexual offenders that
use physical violence and sexual offenders who prey on children are
sexual predators who present an extreme threat to the public safety.
Sexual offenders are extremely likely to use physical violence and to
repeat their offenses and most sexual offenders commit many offences,
have many more victims than are ever reported, and are prosecuted for
only a fraction of their crimes. This makes the cost of sexual offender
victimization to society at large, while incalculable, clearly exorbitant. 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 sexual offenders and
sexual predators are prohibited from establishing temporary or permanent
residences.
(b) Definitions. For the purposes of this Article, the following terms, words,
and derivations thereof shall have the meanings given herein.
(1) Minor. A minor is a person younger than eighteen (18)
years of age.
(2) Permanent Residence. A place where a person abides,
lodges or resides for fourteen (14) or more days.
(3) Premises where children commonly gather.
(A) Public and semi -private parks, for purposes of this
Ordinance, planted street medians are not public parks;
(B) Public, semi-public and parochial/private kindergartens,
elementary and secondary schools whose curricula satisfy
the requirements of the State Public School Laws and the
regulations of the State Department of Education;
(C) Amusement arcades, video arcades, indoor and outdoor
amusement centers, amusement parks;
(D) Public, commercial, and semi -private swimming pools; and
(E) A day nursery, as such term is defined in the
Comprehensive Zoning Ordinance of the City of Sanger.
(4) Temporary Residence. Either a place where a 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 residence, or a place where a person routinely
abides, resides or lodges for a period of four (4) or more
consecutive or non-consecutive days in any month and which is
not the person's permanent residence.
Section 8.902 Restrictions on residency of convicted sexual offenders against
children.
(a) Offenses. It is unlawful for any person required to register on the
Texas Department of Public Safety's Sex Offenders Database (the
"Database") because of a violation involving a victim who was less than
seventeen (17) years of age to establish a permanent residence or
temporary residence within two thousand (2,000) feet of any premises
where children commonly gather, as defined in this Article.
(b) Evidentiary matters; measurements.
(1) It shall be prima facie evidence that this Section applies to
such a person if that person's record appears on the Database and
the Database indicates that the victim was less than seventeen (17)
years of age.
(2) For the purposes of determining the minimum distance
separation, the requirement shall be measured as follows:
(A) for residences which are single-family residences as
defined in the Comprehensive Zoning Ordinance of the
City of Sanger, by following a straight horizontal line from
the outer property line of the lot on which the permanent or
temporary residence is located to the nearest property line
of the premises where children commonly gather, as
defined in this Article; or
(B) for residences which are multi -family residences as defined
in the Comprehensive Zoning Ordinance of the City of
Sanger, by following a straight horizontal line .from the
closest door of the residence to the nearest property line of
the premises where children commonly gather, as defined
in this Article.
(C) A map depicting the prohibited areas shall be
maintained by the Chief of Police of the City of Sanger.
The City shall review the map at least annually for changes.
Said map will be available to the public at the Sanger
Police Department.
(c) Culpable mental state not required. Neither allegation nor
evidence of a culpable mental state is required for proof of an
offense under this Section.
Section 8.903 Restrictions on leasing, renting, or providing living quarters to
convicted sexual offenders against children.
(a) It is unlawful to lease, rent, or otherwise provide any residence, dwelling,
place, structure or part thereof, manufactured home, trailer, or other
conveyance, 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,
manufactured home, trailer, or other conveyance, is located within two
(2,000) feet of any premises where children commonly gather, as defined
in this Article.
(b) The determination of the distance between the residence described in this
Section and the premises where children commonly gather, as defined in
this Article shall be measured as provided in this Article.
Section 8.904 Affirmative defenses.
It is an affirmative offense to prosecution under this Article that any of the
following conditions apply:
(a) The person required to register on the Database established the permanent
or temporary residence prior to the date of the adoption of this ordinance
and has complied with all of the sex offender registration laws of the State
of Texas.
(b) The person required to register on the Database was a minor when he or
she committed the offense requiring such registration and was not
convicted as an adult.
(c) The person required to register to the Database is a minor.
(d) The premises where children commonly gather, as specified herein, within
two thousand (2,000) feet of the permanent or temporary residence of the
person required to register on the Database was opened after the person
established the permanent or temporary residence and the person required
to register on the Database has complied with all sex offender registration
laws of the State of Texas.
(e) The information in the Database is incorrect, and, if corrected, this Section
would not apply to the person who was erroneously listed on the Database.
(fj The premises where children commonly gather, as described herein above,
that is within two thousand (2,000) feet of the residence of the person
required to register on the Database was built, opened or created after the
person required to register on the Database established their residence in
question.
SECTION 2.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall be
fined no more than Five Hundred Dollars and no cents ($500.00) for each violation of this
ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 3.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Sanger, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which
event the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 5.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the
matters regulated herein which have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, tinder such ordinances, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
SECTION 6.
PUBLICATION
The City Secretary of the City of Sanger is directed to publish the caption, penalty clause,
publication clause and effective date of this Ordinance to the extent required by law.
SECTION 7.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS % DAY OF - 6 , 2008.
t Joe Higg-ryor
ATTES
Rosalie Chavez, City Secretary