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.
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MARCH, 2008.
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EFFECTIVE: March 7.2008
APPROV AS FO AND LEGALITY:
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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: $