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HomeMy WebLinkAbout24-3771 Ordinance401 ORDINANCE NO. 24-3771 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW TEXAS CHAPTER 8: "OFFENSES AND NUISANCES" BY ADDING A NEW ARTICLE 8.07, "REGULATION OF SEX OFFENDER RESIDENCY" TO MAKE IT UNLAWFUL FOR PERSONS REQUIRED TO REGISTER ON THE TEXAS DEPARTMENT OF PUBLIC SAFETY SEX OFFENDER DATABASE TO RESIDE WITHIN 1,000 FEET OF PROPERTY WHERE CHILDREN ASSEMBLE OR GATHER; TO PROHIBIT RENTING OR LEASING RESIDENTIAL HOUSING TO PREDATORY SEX OFFENDERS; PROVIDING AFFIRMATIVE DEFENSES; PROVIDING A VARIANCE REQUEST PROCEDURE; AND PROVIDING FOR SEVERABILITY, REPEALER, CONTINUATION OF PRIOR LAW, PENALTY, PUBLICATION, AND EFFECTIVE DATE. WHEREAS, the City of Plainview, Texas ("City"), located in Hale County, Texas, is a Home Rule Municipality authorized under Texas law to legislate in the best interest of its residents; and WHEREAS, section 51.001 of the Texas Local Government Code provides, in part, that a city "may adopt ... an ordinance, rule, or police regulation that is for the good government, peace, or order of the municipality ... and is necessary or proper for carrying out a power granted by law to the municipality"; and WHEREAS, section 51.012 of the Texas local government code provides, in part that a municipality "may adopt an ordinance that is necessary for the government, interest, welfare, or good order of the municipality as a body politic"; and WHEREAS, the City Council of the City of Plainview, Texas ("City Council"), finds and has determined that convicted sex offenders who are required to register on the Texas Department of Public Safety's sex offender database pose a legitimate, significant, and serious threat to the health, safety, and welfare of the public generally, and to the safety of children who gather in areas where such offenders reside; and WHEREAS, the City Council desires to establish residency restrictions for sex offenders and to create areas around locations where children regularly congregate in concentrated numbers and where certain registered sex offenders and sexual predators are prohibited from loitering or establishing temporary or permanent residency; and WHEREAS, the laws of the State of Texas address the threat that convicted sex offenders pose to children by providing safety zones for children to protect them from those who have previously committed crimes against children; and Ordinance No. 24-3771 Page 1 of 6 MA WHEREAS, the City Council intends to establish criminal liability for violators of the prohibitions contained therein and to assess fines as punishment for convictions of offenses thereunder; and 0 WHEREAS, the City deems it necessary to adopt such rules for the safeguarding of public health safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, HEREBY ORDAINS THAT: Section 1. All of the above premises are found to be true and correct legislative determinations of the city council, and they are hereby incorporated into the body of this ordinance as if copied and set forth herein in their entirety. Section 2. The Code of Ordinances, City of Plainview, Texas, Chapter 8 "Offenses and Nuisances" is here by amended by adding a new Article 8.07 "Regulation of Sex Offender Residency", which shall read as follows: ARTICLE 8.07 REGULATION OF SEX OFFENDER RESIDENCY Sec. 8.07.001 Findings of fact; purpose. The findings and recitations set out in the ordinance from which this article derives are found to be true and correct and they are hereby adopted by the city council and made a part hereof for all purposes as findings of fact. The city council further finds that certain predator sex offenders are likely to repeat offenses, to have many more victims than are ever reported, and to be prosecuted for only a fraction of their actual sexual offenses. The city council further finds that many children lack the ability to protect themselves from predatory sex offenders. The council further finds that the safety of children is paramount, and the restrictions provided in this Article will serve the public safety of the children and the public welfare by providing some peace of mind to parents. Sec. 8.07.002 Definitions. For the purposes of this Article, the following definitions apply: Database. The central database, also known as the state department of public safety public sex offender database, required to be maintained by the state department of public safety pursuant to article 62.005 of the Texas Code of Criminal Procedure, as amended. Day care center. A childcare facility that is registered, licensed or listed by the state. Min r. A minor is a person younger than 17 years of age. Permanent residence. A place where a person abides lod es or resides for 14 or more consecutive days. Pemn. Includes an individual, firm, corporation, or other business entity. Ordinance No. 24-3771 Page 2 of 6 403 Premises where children commonly gather, Includes, but is not limited to, public parks, playgrounds, private and public schools, amusement arcades, video arcade facilities and youth centers, indoor and outdoor amusement centers that cater primarily to children amusement parks, public swimming pools, childcare facilities and day care centers as defined in sections 341.0646 and 481.134 of the Texas Health and Safety Code and section 42.002 of the Texas Human Resources Code. For the purposes of this article, planted street medians are not public parks. Recurring visitor. A person who on at least three occasions during any month spends more than 48 consecutive hours in the city. Registrant. A person who has a reportable conviction or adjudication or who, pursuant to chapter 62 of the Texas Code of Criminal Procedure is required to register with the state department of public safety's database as a condition of parole, release to mandatory supervision, or community supervision. Reportable conviction or adjudication. A conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication that regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on those enumerated offenses set forth in article 62.001(5) of the Texas Code of Criminal Procedure as amended. Temporary residence, (1) A place where a person abodes, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address; or (2) A place where a person routinely abodes, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the erson's permanent residence. [Note to codifier: In this code, defined words are underlined forstyle. Textual additions that should be underlined for style are identified with a double underlineone for the underline style and one indicating an addition.] Sec. 8.07.003 Offenses. a) It shall be unlawful for a registrant to establish a permanent residence or temporary residence within 1,000 feet of any premises where children commonly gather. (b) It is unlawful for any person to lease rent, or otherwise provide anY residence, dwelling, place, structure, or part thereof, manufactured home trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or tem ora residence by a registrant. (c) Halloween: A registrant shall not on each October 30th and 31st (or any other date set by the City for trick -or -treaters) between the hours of 4:00 pm and 11:00 pm leave an exterior porch light on or otherwise invite trick -or - treaters to solicit the premises. Ordinance No. 24-3771 Page 3 of 6 Sec. 8.07.004 Evidentiary matters; measurements. (a) It shall be prima facie evidence that this article applies to a person if that person's record appears on the database and the database indicates that the victim was less than 17 years of ace. b For the purposes of determining the minimum distance separation, the distance 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. Provided that, in the case of multiple residences on one property, measurement shall be from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer, following a straight line to the nearest property line of the premises where children commonly gather. (c) In cases of a dispute over measured distances, the burden shall be upon the person challenging the measurement to prove otherwise. d) A map depictina the 1.000-foot child safety zones shall be maintained b the city, and it shall be reviewed, updated, or modified as deemed necessary by the chief of police or their designee. A copy of this map will be available to the public at the city police department and on the city's website. Sec. 8.07.005 Affirmative defenses. It is an affirmative defense to prosecution that any of the following conditions apply, provided that there is no court order in effect applicable to the registrant that provides otherwise: (1 ) The registrant established the permanent or temporary residence and has complied with all of the sex offender registration laws of the state prior to the date of the adoption of this article. (2) The registrant was a minor when he or she committed the offense requiring such registration and was not convicted as an adult. (3) The registrant is a minor. 4) The premises where children commonlv aather. as specified herein. within 1,000 feet of the registrant's permanent or temporary residence, was opened after the registrant established the permanent or temporary residence, and the registrant has complied with all sex offender registration laws of the state. (5) The information on the database is incorrect, and, if corrected, this article would not apply to the person who was erroneously_listed on the database. Sec. 8.07.006 Request for variance. (a) A person may request a variance from the terms of this article based upon the grounds set forth herein. 0 Ordinance No. 24-3771 Page 4 of 6 405 b A request for a variance from the terms of this article shall be submitted in writing to the city secretary and shall include the following information: and (1) The person's name and address; (2) The offense(s) requiring registration on the database for which the person was convicted; (3) Date(s) of conviction(s); (4) The specific grounds supporting the person's request for a variance; (5) Any other information requested by the city. (c) The police captain responsible for sex offender registration may grant a variance request based upon the grounds set forth in section 8.07.005 and shall issue a written ruling on a variance request within 15 business days of receiving a completed application. d) The captain's rulina may be appealed to the chief of police by submittinq a written request for appeal to the city secrets within ten days from the date of the captain's ruling or the deadline for issuance of a ruling, in the event the captain does not make a ruling within the required time period. Upon receipt of a written appeal, the city secretary shall deliver the appeal to the chief of police. (e) In addition to the grounds set forth in section 8.07.005, the chief of police may grant a variance if they find that the facts and circumstances demonstrate that the registrant's temporary or permanent residence within the child safety zone will not be a danger to children. The person requesting the variance shall be notified of the chief of olice's decision in writing. The decision of the chief of police is final. A variance granted under this section may include waiving the application of section 8.07.003 to the registrant, or reducinq the size of the safely zone as it applies to the registrant. Sec. 8.07.007 Penalty. Anv person who violates a provision of this article shall be guilty of a class C misdemeanor and upon conviction of such violation shall be punished by a penal[ in accordance with the general penalty provided in section 1.01.009 of this code for each offense. Each day the violation continues shall constitute a separate offense. Section 3. Severability. If any provision, section, subsection, sentence, clause or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Plainview, Texas in adopting this Ordinance No. 24-3771 Page 5 of 6 ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. Section 4. Repealer. Subject to the provision in Section 5 (Continuation of Prior Law), all ordinances and resolutions, or parts thereof, in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. Section 5. Continuation of prior law. Nothing in this ordinance or any code hereby adopted shall be construed so as to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause of action acquired or existing, under any act or ordinance hereby repealed by this ordinance; nor shall any just, vested, or legal right or remedy of any character be lost, impaired, or affected by this ordinance. Section 6. Penalty. A violation of this ordinance is an offense punishable in accordance with Section 1.01.009 of this code of ordinances. Section 7. Publication. This ordinance shall be published as required by law. Section 8. Effective Date. This ordinance shall become effective from and after its date of final passage. PASSED AND APPROVED on first reading this 22nd day of October, 2024. PASSED AND APPROVED on second reading this 12t" day of November, 2024. ATTEST: &—,d Belinda Hinojo a, ity Secretary III Ordinance No. 24-3771 Page 6 of 6