HomeMy WebLinkAboutOrdinance No. 06-1682
CITY OF THE COLONY
ORDINANCE NO. 06-Jl.tJ '<b 1-
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING CHAPTER 13 OF THE COLONY CITY CODE TO
ADD ARTICLE VIII, , MAKING IT UNLAWFUL FOR CERTAIN
SEX OFFENDERS TO RESIDE WITHIN 1,000 FEET OF
PREMISES WHERE CHILDREN GATHER; PROVIDING THAT A
CULPABLE MENTAL STATE IS NOT REQUIRED FOR
COMMITTING AN OFFENSE UNDER THIS ARTICLE OF THE
COLONY CITY CODE; PROVIDING FOR AFFIRMATIVE
DEFENSES; PROVIDING FOR SEVERABILITY; PROVIDING A
PENAL TY OF FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00); PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony determines and declares
that sex offenders are a serious threat to public safety; and
WHEREAS, the City Council determines 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 determines that establishing a policy to restrict the
property available for residence of sex offenders will provide better protection for
children gathering in the City; and
WHEREAS, Article 42.12 Section 13B of the TEXAS CODE OF CRIMINAL
PROCEDURE provides a 1,000 foot safety zone for children, as a condition of probation for
those convicted of certain sexual offenses;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
SECTION 1. That Chapter 13 of The Colony Code of Ordinances be, and the
same is, hereby amended by adding Article VIII, Residency Restrictions for Sex
Offenders, which shall read as follows:
"ARTICLE VIII. RESIDENCY RESTRICTIONS FOR SEX OFFENDERS
Sec. 13-90. Definitions.
For the purposes of this Section, the following terms, words, phrases and
the derivations thereof shall have the meanings given herein.
Minor shall mean a person younger than seventeen (17) years of age.
Permanent Residence shall mean a place where a person abides, lodges, or
resides for fourteen (14) or more consecutive days.
Premise where minors commonly gather shall mean a public park, private
or public school, day care center as such terms are defined in the Comprehensive
Zoning Ordinance of the City of The Colony, or any public or non-profit
recreational facility, including any homeowner association recreational facility.
For the purposes of this Ordinance, planted street medians are not public parks.
Temporary Resident shall mean 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 (4) or more
consecutive or nonconsecutive days in any month and which is not the person's
permanent residence.
Sec. 13-91. Offenses.
Each person required by law to register as a sex offender because of a
violation involving a victim who was a minor as defined herein shall be required
to register with the police department and it shall be unlawful for such person to
establish a permanent residence or temporary residence within 1,000 feet of any
"premise where children commonly gather." It shall be a separate offense each
and every day that a person violates the provisions of this section.
Sec. 13-92.
Evidentiary matters; measurements.
A. 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 a minor as defined herein.
B. 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, measuring from the nearest property
line of the premises to the nearest property line of the premises where children
commonly gather, as described herein.
C. A map depicting the prohibited areas shall be maintained by the City. The
City shall review the map at least annually for changes. Said map will be
available to the public through The Colony Police Department.
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Sec. 13-93. 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 Chapter.
Sec. 13-94. Affirmative defenses.
It is an affirmative defense to prosecution that any of the following
conditions apply:
(1) 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.
(2) The person required to register on the Database was a minor w hen he or
she committed the offense requiring such registration and was not
convicted as an adult.
(3) The person required to register on the Database is a minor.
(4) 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.
(5) The information on the Database is incorrect, and, if corrected, this
Section would not apply to the person who was erroneously listed on the
Database.
Sec. 13-95. Penalty.
An offense under this Article shall be deemed to be a misdemeanor and,
upon conviction, is punishable by a fine not to exceed five hundred dollars
($500.00) for each offense."
SECTION 2. That all provisions of the Ordinances of the City of The Colony,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions of the Ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
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68020
SECTION 3. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 4. That this ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council ofthe City of The Colony, Texas, this the 21 ST
day of August, 2006
APPROVED:
ATO~J /;JA~
CHRISTIE WILSON, CITY SECRETARY
APPROVED AS TO FORM:
Robert E. Hager, City
(REH/cdb) (07/10106)
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68020
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