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0929OFFICIAL RECORD ORDINANCE N0.929 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 58 OF THE SOUTHLAKE 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 Southlake 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 Southlake 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 SOUTHLAKE, TEXAS: SECTION 1. Chapter 58 of the Southlake City Code is hereby amended by the addition of a new Article, Article V, which shall provide as follows: ARTICLE V. RESTRICTIONS ON RESIDENCY OF SEXUAL OFFENDERS AGAINST CHILDREN Section 121. 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 Southlake. (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 122. 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 Southlake, 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 Southlake, 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 Southlake. The City shall review the map at least annually for changes. Said map will be available to the public at the Southlake 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 123. 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 124. 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 on 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 required to register on the Database 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. 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 Southlake, 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, under 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 Southlake is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 7. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Southlake is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. 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. of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper at least once within ten (10) days after the passage of this ordinance. SECTION 8. This Ordinance shall be in full force and effect form and after its passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 19t" DAY OF FEBRUARY, 2008. MAYOR ATTEST: , ~ `~ m++.\ / k4 a~~at , a ~ w /~ a~ .; CITY SECRETAR •° ~ ~"~ s a ~ ~• ®~`° PASSED AND APPROVED ON SECOND READING ON T1~I~~&`:t."~~~~'AY OF MARCH, 2008. MAYOR ATTEST: ~: _,. ~// a4+ ~~ u ~i° v+ r e CITY SECRET e t w~ ~ ~ a :~ : ~, N, a~ ®a° ~e °o ®~os~sroi`"y C`~ ~~~~ ,~~ ~ ~ ~~~~a Crd Ri 3l;klk{901~ EFFECTIVE: March 7.2008 APPROV AS FO AND LEGALITY: .~ f . CITY ATTORNEY INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 294286731 FORT WORTH,TX 76102 RECEIVED (817)390-7761 Invoice Date: 2/16/2008 Federal Tax ID 22-3148254 Terms: Net due in 21 days MAR 2008 Due Date: 2/29/2008 Bill To: PO Number: no po CITY OF SOUTHLAKE 1400 MAIN ST OFFICE OF CITY SECRETARY Order Number: 29428673 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Date: 2/16/2008 Description !' r cation Col Depth Linage MU Rate Amount CITY ond reading of the CITY OF SOUTHL NottiiceSs hereby giHLAKven following ordinance: I 9 I 91 LINE $0.8 1 $73.71 by the City Council ORDINANCE NO. 929 of the City of AN ORDINANCE OF Southlake, Texas, THE CITY OF Sales Discount that a public hearing SOUTHLAKE, TEX- ($5.00) will be held on March AS, AMENDING 4, 2008,at 5:00 p.m. CHAPTER 58 OF THE or immediately fol- SOUTHLAKE CITY lowing the Work Misc Fee Session, during the NLAWFUL FOR $5.00IT Regular City Council CERTAIN SEX OF- meeting to be held FENDERS TO RE- in the City Council SIDE WITHIN 2,000 Chambers of Town FEET OF PREMISES Hall, 1400 Main WHERE CHILDREN Street, Southlake GATHER;MAKING IT Net Amo t' $73.71 Texas. Purpose of UNLAWFUL TO the public hearing is LEASE, RENT, OR to consider the sec- PROVIDE LIVING SPACE TO CERTAIN SEX OFFENDERS ^ WHEN SUCH WOULD RESULT IN ^ VIOLATION THIS �h ORDINANCE; PRO- `Q VIDING THAT A UU CULPABLE MENTAL L1 STATE IS NOT RE- V `00 QUIRED FOR COM- 1ri.,,� 8 MITTING AN OF- CHRISTYL. D FENSE UNDER a* _ THESE PROV I- * * MY COMMISSION EXPIR SIONS; PROVIDING li FOR AFFIRMATIVE '+ ' July 31,2008 DEFENSES; PRO- „ � , THE STATE OF TEXAS VIDING FOR A ~I " emu' PENALTY; PROVID- ING A SEVERABILI- County of Tarrant TY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; AND PRO- Before me,a Notary Public in and for sai. TIVE DATE.G AN EFFEC- Before day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegra PENALTV1OOOR'VlO- I Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement wa• Any peLA TIONrm or e named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 corporation who vi-, plates, disobeys, omits, neglects or ' refuses to comply) ,. ` bQ,..__ _0,-._ with or who resists 6...,....c.) the enforcement of SUBSCRIBED AND SWORN TO BEFOR anyfthisof the provisions Februa / 19, 0: of Ordinance I shall be fined no 1 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. City of Southlake Lori Payne City Secretary Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 294286731 Invoice Amount: $73.71 PO Number: no po Amount Enclosed: $ I INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 294874971 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3/7/2008 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/2008 Bill To: PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 29487497 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Date: 3/7/2008 rizroon Location Col Depth Linage MU Rate Amount --CITY CITY OF SOUTHLAK ORDINANCEHNO. 9291) I 76 76 LINE $0.81 $61.56 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEX- Sales Discount AS, AMENDING ($5.00) CHAPTER 58 OF THE RECEIVED SOUTHLAKE CITY CODE MAKING IT Misc Fee $5.00 UNLAWFUL FOR CERTAIN SEX OF- FENDERS TO RE- SIDE WITHIN 2,000 FEET OF PREMISES WHERE CHILDREN MAR 2 0 2008 GATHER;MAKING IT UNLAWFUL TO $61.56 LEASE, RENT, OR Net Amount: PROVIDE LIVING SPACE TO CERTAIN SWHEN SUCH EX OFFENDERS �r` t^ I1 R R,' VWOULD RESULT IN IOLATION OF THIS OFFICE OF UN � �~'I` �i�I`� ORDINANCE; PRO- VIDING THAT A CULPABLE MENTAL STATE IS NOT RE- QUIRED FOR COM- MITTING AN OF- FENSE UNDER THESE PROVI- SIONS; PROVIDING r•;M• �"'. CHRISTY L.HOLLAND FOR AFFIRMATIVE s' :E�y DEFENSES; PRO- 'i:��� '+= VIDING FOR A : . �� - MY COMMISSION EXPIRES PENALTY; PRONTO- • ,�, July 31,2008 THE STATE OF TE TNG 'AZ SERABILI- apt�,•'` TY SE; PRO- •I/,I� County of Tarrant VIDING A SAVINGS CLAUSE; AND PRO- VIDING AN EFFEC- Before me,a Notary Pi T I V SECTION 2. unty and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,published b) PENALLATION vlo- Ic.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an A orpperson, who ,or blished in th: .bove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 olates, disobeys, omits, neglects or refuses to comply with or who resists g ��\ \$ jh _ r,I1 the enforcement of Signed any of the provisions of this Ordinance SUBSCRIBED AND S1 shall be fined v more than Fivee 4E,THIS Tuesday, .51: ‘46 Hundred Dollars and Notary no cents ($500.00) foreach violation Public this Ordinance. Each - — day that a violation is permitted to exist shall constitute a separate offense. PASSED AND AP- PROVED THIS THE 4th DAY OF MARCH 2008, DURING THE REGULAR CITY. Thank You For COUNCIL MEETING. . MAYOR: Andy Wambsganss — ATTEST: Lori Payne, - City Secretary Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 294874971 Invoice Amount: $61.56 PO Number: NO PO Amount Enclosed: $