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Home My WebLink AboutOrdinance No. 2006-08 (Title: An ordinance prohibiting sex offenders from residing within 2000 feet of schools or child care facilities.) ORDINANCE NO. 2006-08 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY ADDING TO CHAPTER 54 THEREOF A NEW ARTICLE VI; PROVIDING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 2,000 FEET OF A SCHOOL OR CHILD CARE FACILITY; MAKING CERTAIN FINDINGS; PROVIDING DEFII�TITIONS; PROVIDING EXEMPTIONS; PROVIDING FOR OTHER MATTERS RELATED TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500 FOR VIOLATION OF ANY PROVISION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. * * * * * WHEREAS, the City Council of the City of Friendswood, Texas (the "City") finds that sex offenders who have committed sexual offenses against children require special supervision in order to protect and preserve the health, safety, and welfare of the citizens of the community; and WfIEREAS, the City Council further finds that there is convincing documented evidence that sex offenders are sexual predators who present an extreme threat to public safety, are likely to use physical violence in the commission of their crimes, and have a higher recidivism rate than persons convicted of other crimes; and WHEREAS, the City Council desires to serve the City's compelling interest to promote, protect, and improve the health, safety and welfare of its citizenry and to help protect children from sexual offenses by prohibiting sex offenders from establishing temporary or permanent residences in areas near schools and child care facilities; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The Code of Ordinances of the City of Friendswood, Texas is amended by adding to Chapter 54 thereof a new Article VI to provide as follows: "Article VI. SEX OFFENDERS Sec. 54-190. Definitions. For the purposes of this Article, the following words, terms, and phrases shall have the meanings ascribed thereto, unless the context clearly indicates otherwise. (1) Child or children shall mean a person under 18 years of age. (2) Childcare facility shall mean a facility providing for the supervision, care, or education of children including, but not limited to, a day care, Montessori school, day camp, Mother's day out program, a facility providing after school care; a church or other place of worship that provides children's programs or activities, child care, or nursery services, even if only incidental to religious worship; or a public or private park facility designed and utilized for organized children's activities. (3) Penal institution shall have the same meaning as that found in Article 62.001(3) of the Texas Code of Criminal Procedure. (4) Reside or residing shall mean a temporary or permanent property or possessory interest in a residence, including a stay as an overnight guest. (5) Residence shall mean a house, apartment, or other dwelling in which a person lives. (6) Reportable conviction or adjudication shall have the same meaning as that found in Article 62.001(5) of the Texas Code of Criminal Procedure. (7) Sex offender shall mean a person with a reportable conviction or adjudication who is required to register with the Texas Department of Public Safety under the provisions of Chapter 62 of the Texas Code of Criminal Procedure. (8) Sexual offense shall mean those offenses requiring registration with the Texas Department of Public Safety under the provisions of Chapter 62 of the Texas Code of Criminal Procedure. (9) School shall mean a public or nonpublic elementary or secondary school. Sec. 54-191. Residency restrictions—child care facilities and schools. Ord.2006-08 2 It shall be unlawful for a sex offender with a reportable conviction or adjudication for a sexual offense in which the victim was a child to reside within two thousand (2,000) feet of a school or child care facility. Sec. 54-192. Ezemptions. The following persons shall be exempt from the provisions of this Ordinance: (1) A sex offender who established a residence located within two thousand (2,000) feet of a school or childcare facility prior to the effective date of this Article. (2) A sex offender residing within two thousand (2,000) feet of a school or child care facility constructed after the effective date of this Ordinance. (3) A sex offender incarcerated at a penal institution located within two thousand(2,000) feet of a school or childcare facility. (4) A sex offender who is under 17 years of age or a ward under a guardianship residing within two thousand (2,000) feet of a school or childcare facility and residing with a person responsible for the person's care and supervision. (5) A sex offender or person residing or employed in a facility governed by the regulations of the Texas Department of Human Services, the Texas Department of Protective and Regulatory Services, the Texas Department of Mental Health and Mental Retardation, the Texas Health and Human Services Commission, or the Texas Board of Criminal Justice and located within two thousand (2,000) feet of a school or day care facility. Sec. 54-193. Calculation of distance between residence and childcare facility or school. For the purposes of this Article, the distance between a residence and a school or childcare facility shall be measured from the property line of the school or childcare facility to the property line of the residence." Section 3. Penal . Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed five hundred dollars ($500). Each day of violation shall constitute a separate offense. Ord.2006-08 3 Section 4. Repeal. All ardinances or parts of ordinances inconsistent or in conflict herewith, are, to the extent of such inconsistency or conflict, hereby repealed. Section 5. Severability. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or mare parts. To the extent this Ordinance is in conflict with state law, the state law is controlling. Section 6. Effective Date. This Ordinance shall be in full force and effect immediately upon and after its final passage and publication as required by law. PASSED AND APPROVED on first reading this Stb day of June 2006. PASSED,APPROVED, and ADOPTED on second and final reading this 26th day of June 2006. \ r, David J. H. ith Mayor ATTEST: o� fR�Elyp� , � � �p� � o D laris McKenzie, T C * * City Secretary ''r�rE � �+�' Ord.2006-08 4