HomeMy WebLinkAboutOrdinance No. 2008-44 (Title: An ordinance amending provisions governing the prohibition of sex offenders fromi
residing within 2,000 feet of schools or child care facilities.)
ORDINANCE NO. 2008-44
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF FRIENDSWOOD, TEXAS, BY AMENDING CHAPTER 54,
SECTION 54-192 °EXEMPTIONS,"PERTAINING TO THE PROHIBITION
OF SEX OFFENDERS RESIDING WITHIN 2,000 FEET OF A SCHOOL OR
CHILD CARE FACILITY; MAHING CERTAIN FINDINGS; 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 '
WHEREAS, 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 j
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;
WHEREAS, it is the best interest of the health, safety and welfare of the City of
Friendswood to amend the provisions relating to the exemptions from the prohibition on sex
offenders residing within 2,000 feet of a school or child care facility;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
l 1
amending Chapter 54, Section 54-192`Exemptions"to read and provide as follows:
r-
"Article V1. SEX OFFENDERS
See. 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.
Child or children means a person under 18 years of age.
Childcare facility means 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.
Penal institution shall have the same meaning as that found in V.T.C.A., Code of
Criminal Procedure art. 62.001(3).
Reside or residing means a temporary or permanent property or possessory
interest in a residence, including a stay as an overnight guest.
Residence means a house, apartment, or other dwelling in which a person lives.
Reportable conviction or adjudication shall have the same meaning as that found
in V.T.C.A., Code of Criminal Procedure art. 62.001(5).
Sex offender means a person with a reportable conviction or adjudication who is
required to register with the Texas Department of Public Safety under the
provisions of V.T.C.A., Code of Criminal Procedure ch. 62.
Sexual offense means those offenses requiring registration with the Texas
Department of Public Safety under the provisions of V.T.C.A., Code of Criminal
Procedure ch. 62.
School means a public or nonpublic elementary or secondary school.
Sec. 54-191. Residency restrictions; child care facilities and schools.
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 2,000 feet of
a school or child care facility.
Sec. 54-192. Exemptions.
i
The following persons shall be exempt from the provisions of this article:
(1) A sex offender who established a residence located within 2,000 feet of a
school or childcare facility prior to the effective date of this article.
(2) A sex offender residing within 2,000 feet of a school or child care facility
constructed after the effective date of this article.
(3) A sex offender incarcerated at a penal institution located within 2,000 feet of
a school or childcare facility.
Ord.2008-44 2
(4) A sex offender who is under 17 years of age or a ward under a guardianship
residing within 2,000 feet of a school or childcare facility and residing with a
person responsible for the person's care and supervision.
(5) A seiE ef4'ender ofpersen siding or employed in o f..ilia., governed by the
regulations of the Texas D 't.....ent f-P-m Q the T D ..tm a f
.. c�-a�cPiscxna-[icvxzxm�icm3vci v'-ioc"T,-czzc=cira.S-ncparcxxxcrccvi
Preteeth,e and Regulatory gef% eee the Texas Depaft..ent of Mental 1 V 1 h A
__...�....... ...... . ..b.. ......� .,....... �, ,... ..,....a ..Ycu ua v.�.:a-rzcurrxc-ax...-mxa
Mental Retardation, 1. T 11 1 1. d H S !� 1.
, i
Texas Beard of GFiminal justiee and located ..dthi 2,000 feet of e sehe 1 or d
c"m'c za
e ff c:lt..
nirT
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. Penalty. 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.
Section 4. Repeal. All ordinances 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 more parts. To the extent this Ordinance is in conflict with state law, the
state law is controlling.
Ord.2008-44 3
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 ls` day of December,2008.
PASSED,APPROVED, and ADOPTED on second and final reading this 15`h day of
December,2008.
David J.H. th
Mayor
ATT T:
O� FRIENO�
De oris McKenzie, TRMC 40 �O
City Secretary u o
OF
Ord.200844 4