Loading...
HomeMy WebLinkAboutOrdinance 3125 ORDINANCE NO. 3125 AN ORDINANCE AMENDING CHAPTER 50, MISCELLANEOUS OFFENSES, OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND ADDING A NEW ARTICLE IV RESTRICTING THE RESIDENCE OF CERTAIN SEX OFFENDERS 1,000 FEET OF ANY DEFINED PREMISES WHERE CHILDREN COMMONLY GATHER, INCLUDING A PLAYGROUND, SCHOOL, DAY- CARE FACILITY, VIDEO ARCADE FACILITY, PUBLIC OR PRIVATE YOUTH CENTER, OR PUBLIC SWIMMING POOL; PROVIDING THAT CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE UNDER THIS REGULATION; PROVIDING AFFIRMATIVE DEFENSES; ESTABLISHING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills finds and declares that sex offenders in areas where children tend to gather constitutes a serious threat to public safety; and WHEREAS, the City Council finds that establishing a policy to restrict the property available for residency to sex offenders will provide better protection for children gathering in the City; and WHEREAS, the City Council finds from the evidence that the recidivism rate for released sex offenders is significant, especially for those who commit their crimes against children; and WHEREAS, the City Council finds from the evidence that restrictions on the proximity of sex offenders to schools or other facilities that might create temptation to repeat offenses are one way to minimize the risk of recidivism; and WHEREAS, the Texas Code of Criminal Procedure provides a 1,000 foot safety zone for children, as a condition of community supervision for those convicted of certain sexual offenses; and WHEREAS, the United States 8 th Circuit Court of Appeals issued an opinion in the case of Doe v. Miller, 405 F. 3d 700 (8 Cir. 2005), in which the Court upheld similar residency restrictions contained in the State of Iowa Statutes and found the restrictions to be constitutional; and, WHEREAS, the City of North Richland Hills has the authority, pursuant to Texas Local Government Code, to adopt such provisions in order to protect the health, safety, and welfare of its residents; and, Ordinance No. 3125 Page 1 of 5 WHEREAS, the Attorney General of the State of Texas has opined that municipalities may enact ordinances restricting the residence of registered sex offenders; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Chapter 50 of the Code of Ordinances of the City of North Richland Hills, Texas is hereby amended by adding a new Article IV, "Regulation of Sex Offender Residency" which shall read as follows: "Article IV Regulation of Sex Offender Residency Sec. 50-50. Definitions For the purposes of this Article, the following terms, words, and the derivations thereof shall have the meanings given herein. "Database" means a computerized central database, maintained by the Department of Public Safety, containing information required for sex offender registration. "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 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 a person routinely abides, resides or lodges for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residences. Sec. 50 -51. Offenses For each person required to register as a sex offender pursuant to Chapter 62, Code of Criminal Procedure, because of a reportable conviction or adjudication involving a victim younger than 17 years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any defined premise where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in the Health and Safety Code of the State of Texas. 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 Ordinance No. 3125 Page 2 of 5 residence pursuant to the terms of this article, if such place, structure or part thereof, is located within 1,000 feet of any premises where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, public swimming pool, as defined in the Health and Safety Code of the State of Texas. Nothing in this provision shall require any person to sell or otherwise dispose of any real estate or home acquired or owned prior to the conviction of the person as a sex offender. Sec. 50 -52. Evidentiary Matters; Measurements 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 younger the 17 years of age. For the purposes 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 above, or, in the case of multiple residences on one property, the distance requirement shall be measured from the nearest portion of the building or structure used as a permanent or temporary residence by the sex offender or the parking lot or driveway providing access thereto, whichever is closest to the nearest property line of the premises where children commonly gather, as described herein above. A map depicting the prohibited areas shall be created by the City and maintained by the City. The City shall review the map annually for changes. Said map will be available to the public through the North Richland Hills Police Department. Sec. 50 -53. 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 Section. Sec. 50 -54. Affirmative Defenses It is an affirmative defense to prosecution if any of the following conditions apply: The person required to register on the Database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. 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. The person required to register on the Database is a minor. Ordinance No. 3125 Page 3 of 5 The premises where children commonly gather, as specified herein, within 1,000 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 complied with all sex offender registration laws of the State of Texas. The information on the Database is incorrect, and, if corrected, this Section would not apply to the person who was erroneously listed in the Database. Sec. 50-55. Penalty Any person, firm, corporation, agent or employee thereof who commits an offense under the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Five Hundred and No /100 Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Sec. 50 -56. Injunctive relief Any violation of this Article can be enjoined by a suit filed in the name of the City of North Richland Hills in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of North Richland Hills." SECTION 2: Effect on other Ordinances This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when 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 3: Severability It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity 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 invalid phrase, clause, sentence, paragraph or section SECTION 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Ordinance No. 3125 Page 4 of 5 SECTION 5: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 24th day of January, 2011. CITY O N RTH I LA HILLS N �Lngt1� UUip��i A By. Oscar evino, ayor TT�ST: City Secretary , � jrr grnt�utttt,� *vv��� ° � J � APP V TO F RM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO NTENT: * I zz'-Ie� 2 01 y P rdue, Director of Public Safety Ordinance No. 3125 Page 5 of 5 INVOICE Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 314151191 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 1/31/2011 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Bill To: Due Date: 1/31/2011 CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 _ Or Number: 314151 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates: 1/28/2011 - 1/31/2011 CITY OF NORTH RICHLAND HILLS CITY OF An OrdO dD NCE NO. Chapter 50, ' 13580 1 46 46 LINE $3.08 $283.76 Miscellaneous Offenses of the Code of Ordinances of Ge City of ($223.84) Sales Disi North Richland Hills, Texas, and adding a new Article IV Restricting the Residence of Certain Sex Misc Fee Offenders 1,000 feet of any defined $10.00 premises where children commonly gather, including a playground, school, day -care facility, video ar- cade facility, public or private youth center, or public swimming pool; providing that culpable mental Net Amount $69.92 state is not required for committing an offense under this regulation; providing affirmative defenses; establishing a penalty; pproviding ��111Nilllll/ that this mutative; provid ng for `������� �-� • H0� providing for injunctions; providing i for publication and providing an �� effective date. ��Q; SPRY PU9��•.�Q Penalty. Any person, firm, corpora- S CJ tion, agent or employee thereof who commits an offense under the ,k _ provisions of this Article shall be co guilty of a misdemeanor and upon P conviction thereof shall be fined an � amount not to exceed Five Hundred % •• • '9P1Ft ��� and No /100 Dollars ($500.00) for THE S each offense. Each day that a •• COUn violation is permitted to exist shall constitute a separate offense. '','''/����11•3� 1 ` ` ` ����``` Passed and Approved on this 24th Before day of January 2011. id County and State, this da y e�sonall appeared Deborah Baylor Norwood, Bid and Le al Coordinator for /s /Oscar Trevino tY Y P Y PP Y 9 the St< Oscar Trevino - Mayor Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that th ATTEST: /s /Patricia Hutson P paper :ment was published i the above named on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) ; Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: /s /George Staples Signed George Staples u City Attorney SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Janua 11. Notary Public Thank You For Your Payment --------------------------------------------- Star-Telegram - Remit To: gram - Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 314151191 Invoice Amount: $69.92 PO Number: Amount Enclosed: