Ordinance No. 2017-6

AN ORDINANCE OF THE CITY OF RISING STAR, TEXAS ESTABLISHING PROHIBITIONS RELATED TO REGISTERED SEX OFFENDERS WITHI THE CITY; PROVIDING EXCEPTIONS TO THE APPLICATION OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT AND EVlDENTIARY MATTERS; PROVIDING A PENALTY FOR VIOLATION Of THE ORDINANCE;PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.

          WHEREAS, the City Council of the City of Rising Star finds that sex offenders who are required to register a sexual predators under Chapter 62 of the Texas Code of Criminal Procedure present a threat to the health, safety and welfare of children; and

 

          WHEREAS, it is the intent of the City Council, by passage of this Ordinance, to promote, protect and improve the health, safety and welfare of the citizens of the City by improving safety in areas around locations within the City where children regularly congregate in concentrated numbers within which certain sex offenders are prohibited from loitering or from establishing temporary or permanent residency; and

 

          WHEREAS, under Article 42.12 (13B) of the Texas Code of Criminal Procedure the court must, as a condition of probation or parole of persons convicted of certain sexual offenses or repeat offenders, require that person to not go within 1,000 feet of premises where children commonly gather; and

 

          WHEREAS, the laws of the State ofTexas, 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; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RISING STAR, TEXAS, THAT:

Section 1. Purpose and Intent.

 

The City Council of the City of Rising Star, Texas, finds that sex offenders who are required to register as sexual predators under V.T.C.A., Texas Code of Criminal Procedures, Chapter 62, present an extreme threat to the health, safety and welfare of children. It is the intent of this ordinance is 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 area around locations where children regularly congregate in concentrated numbers wherein certain registered ex offenders and sexual predators are prohibited from loitering of prohibited from establishing temporary or permanent residency.

Section 2. Definitions.

 

For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

          City. The City of Rising Star, Texas.

          Child. Any person under the age of 17.

          Child Care Facility or Institution. An establishment subject to regulation by licensing which provides assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24hour day, whether or not the establishment operates for profit or charges for its services. A child-care facility includes the people,

administration, governing body, activities on or off the premises, operations, buildings, grounds, equipment, furnishings, and materials. A child-care facility does not include child placing agencies, listed family homes, or employer-based child care. (TAC Title 40, Part 19, Ch. 745, Sub. A, Div. 3, Rule 745.2 I)

          Child Safety Zone. – is defined as but not limited to.

                    A.  Public parks;

                    B.  private and public schools;

                    C.  Public Libraries;

                    D.  Amusement arcade or video arcades;

                    E.  Indoor and outdoor amusement centers or amu ement parks, or carnivals, circuses, fairs or fair grounds;

                    F.  Public commercial and semi-private swimming pools;

                    G.  Child care facility or child care institution;

                    H.  Public or private youth soccer, football or baseball fields;

                    I.  Crisis center or shelter;

                    J.  Skate park or rink;

                    K.  Movie theater;

                    L.  Bowling Alley;

                    M.  Scouting facilities;

                    N.  Any public or private group, location or activity that regularly provides athletic, civic or cultural activities that includes as participants or

                          recipient’s persons who are 17 year of age or younger, including but not limited to Trick or Treating, parades and Vacation Bible Schools;

                          P. Offices for Child Protective

          Database. The Texas Department of Public Safety’s Sex Offender Database and/or the Sex Offender registration files maintained by the Rising Star Police Department.

          Loitering. Standing, sitting idly. whether or not the person is in a vehicle. or remaining in

or around an area.

          Park and Playground means any land. including improvements to the land that is administered, operated or managed by the City for the use of the general public as a recreational area, including, without limitation:

                    1.  Any land, including improvements to the land, that is administered, operated or managed by the City for use solely

                        or primarily for children’s recreation;

                    2.  City recreation areas including, but not limited to, conservation area, jogging trail, hiking trail, bicycle trail, recreation center, waterpark,

                         swimming pool, football field, soccer field, baseball field or softball field.

          Permanent Residence. A place where the person abides, lodges or resides for 14 or more consecutive days.

          Places where children regularly’ congregate. Has the san1e definition as Child Safety Zone.

          Public Way. Any place to which the public, or substantial group of the public, has access and includes, but is not limited to, streets, shopping centers, parking lots. transportation facilities, restaurants, shops and similar areas that are open to the use of the public. 

          School. A private or public pre-school. private or public elementary school or private or public secondary school.

          Sex Offender. An individual who has been convicted of or placed on defen-ed adjudication for a sexual offense involving a person under 17 years of age for which the individual is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure.

          Temporary Residence. A place where a person abides, lodges or reside for a period of 14 or more days in the aggregate, during any calendar year and which is not the person’s pem1anent address, or a place where the per on routinely abides, lodges or resides for a period of 4 or more consecutive or nonconsecutive days in any month and which i not the person’s permanent address.

Section 3. Sex Offender Prohibition.

 

          A.  lt is an offense for a sex offender to establish a permanent residence or temporary residence within I ,000 feet of the real property comprising

               a Child Safety Zone.

          B.  It is an offense for a sex offender to knowingly enter or be in a Child Safety Zone.

          C.  It is an offense for a sex offender to knowingly loiter on a public way within 300 feet of a Chi Id Safety Zone.

          D.  A sex offender shall not, on each October 30th and October 31st’, or any other date set by the city for trick-or-treaters, between the hours of

               4:00 p.m. and 11:00p., leave an exterior porch light on or otherwise invite trick-or-treaters to solicit the premises.

          E.  It is an offense under this ordinance for any person to let or rent any place, structure, or part thereof, including any manufactured home, trailer,

               recreational vehicle, or vehicle of any type with the knowledge that it will be used as a permanent residence or temporary residence by any

              person prohibited from establishing such residence pursuant to the terms of this chapter, if such place, structure, or vehicle, or part thereof, is

               located within one thousand (1,000) feet of premises defined in this ordinance as a Child Safety Zone.

Section 4. Enforcement and Evidentiary Matters.

 

If a police officer reasonably believes that a Sex Offender, a defined under this ordinance. is in a city park or playground or has established a residence in violation of the ordinance, the officer shall require the Sex Offender to provide his/her name, address, and telephone number. If it is established that the individual is a Sex Offender, then the officer shall notify the Sex Offender that he or she is in violation of the ordinance.

 

          A.  If a sex offender who is prohibited from being in a Child Safety Zone is found in a Child Safety Zone by a police officer, the sex offender is subject to punishment in accordance with this

 

          B.  It shall be prima facie evidence that this ordinance applies to such person if that person’ record appears in/on the database and the database indicates that the victim was less than l 7 years of age.

 

          C.  The distance of 300 feet from a Child Safety Zone shall be measw·ed on a straight line from the closest boundary of the Child Safety Zone.

 

          D.  The distance of 1,000 feet from a Child Safety Zone shall be measured on a straight line from the closest boundary line of the sex offender’s residence to the closest boundary line to the Child Safety Zone.

 

          E.  In the case of multiple residences on one property, measurement shall be made from the nearest property line of the residences to the nearest property line of the Child Safety Zone.

 

          F.  In cases of a dispute over measured distance, the person(s) challenging the measurement has the burden of proof.

 

          G.  A map depicting the prohibited areas shall be created by the City of Rising Star and maintained by Rising Star Police Department. The City of Rising Star shall review the map annually for changes. Said map will be available to the public at the Rising Star Police Depmtment or at City Hall in Rising Star, Texas.

Section 5. Exceptions.

 

A person who is required to register on the database does not commit an offense under Section 3 if:

 

          A.  The person required to register in/on the database established the permanent residence or temporary residence and residency has been con istently maintained and the person 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.

 

          B.  The Child Safety Zone within 1,000 feet of the permanent or temporary residence of the person required to register when the database was opened after the person established a permanent or temporary residence and complied with all Sex Offender Registration Laws of the State of Texas.

 

          C.  The information in/on the database is incorrect, and, if corrected, this ordinance would not apply to the person who was erroneously listed in/on the database,

 

          D.  The person required to register in/on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.

 

          E.  The person required to register is required to serve sentence at a jail, prison. juvenile facility or other correctional institution located within 1,000 feet of a Child Safety Zone.

 

          F.  The person required to register is under 18 years of age or a ward under a guardianship, who resides with a parent or guardian.

 

          G. The person required to register has been exempted by a court order from registration as a sex offender under Chapter 62, Texas Code of Criminal Procedure.

 

          H. The person required to register has had the offense for which the sex offender registration was reversed on appeal or pardon.

 

          I.  The person’s duty to register in/on the database has

 

          J.  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.

 

          K.  The person is adhering to local school policy or is otherwise preempted from this ordinance by State Law.

Section 6. Penalty.

 

Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed two thousand dollars ($2,000.00), as allowed by law. Each day that a violation is permitted to exist shall constitute a separate offense and shall be punishable as such.

 

 

Section 7. Repealing Provision.

 

The City Council of the City of Rising Star, Texas, declares that any prior ordinance or any provision in any prior ordinance, as may be applicable, is hereby repealed to the extent that such ordinance or provision of an ordinance conflicts or contradicts the amendments and provisions enacted herein.

 

Section 8. Severability.

 

Should any section or part of this Ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstances for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, or ineffectiveness or such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining po1tion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable.

 

Section 9. Notice.

 

It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551, Gov ‘t Code.

 

Section 10. Effective Date.

 

This Ordinance shall take effect and be in full force and effect from and after the date of its passage.

PASSED AND APPROVED THIS 8th DAY OF June, 2017.

Phil Mitchell, Mayor

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