ORD 2006-29TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-29
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN BY
ADDING A NEW ARTICLE XII, ENTITLED "REGISTERED SEX
OFFENDERS", TO CHAPTER 10 "PUBLIC SAFETY", TO
PROHIBIT CERTAIN DESIGNATED PERSONS FROM RESIDING
WITHIN 1,000 FEET OF PREMISES WHERE CHILDREN
GATHER; PROVIDING DEFINITIONS; PROVIDING OFFENSES;
PROVIDING EVIDENTIARY MATTERS AND MEASUREMENTS.
PROVIDING THAT A CULPABLE MENTAL STATE IS NOT
REQUIRED FOR COMMITTING AN OFFENSE; PROVIDING
AFFIRMATIVE DEFENSES; PROVIDING A PENALTY NOT TO
EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the town of Trophy Club is a home rule municipal corporation
organized under the Constitution and the laws of the State of Texas; and
WHEREAS, the Town Council has the authority to enact ordinances that it
determines are necessary to protect the public health, safety and welfare; and
WHEREAS, the Town Council of the Town of Trophy Club finds,
determines and declares that sex offenders are a serious threat to public safety;
and
WHEREAS, the Town Council determines that the recidivism rate for
released sex offenders is alarmingly high, especially for those who commit
crimes against children; and,
WHEREAS, the Town Council determines that establishing regulations on
property available for use as a residence by sex offenders will provide better
protection for children gathering in the Town; and
WHEREAS, Article 42.12, Section 13B(a), of the Texas Code of Criminal
Procedure provides a 1,000 foot safety zone for children as a condition of
community supervision and probation for those convicted of certain sex -related
offenses, and the City Council finds and determines that this legislative and
judicial directive is fair and appropriate; and
WHEREAS, in order to clearly identify those areas within the Town which
are not available for residence by registered sex offenders, the Town Council has
determined it appropriate and prudent to approve and annually review a map that
clearly depicting the areas where such residency is not allowed, and such map is
approved with the adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
A new Article XII, Section 12.01 entitled "Registered Sex Offenders", of
Chapter 10 of the Code of Ordinances of the Town of Trophy Club, Texas, as
follows is hereby adopted:
"ARTICLE Xll. REGISTERED SEX OFFENDERS
Sec. 12.01 Definitions.
For the purposes of this article, the following terms, words, and the
derivations thereof shall have the meanings given herein:
Day Care Facility or Day Care Center: an establishment where more
than 3 unrelated children under the age of fourteen (14) are left for care,
training, education, custody, or supervision during the day or any portion
thereof. The term does not include overnight lodging, medical treatment,
counseling or rehabilitative services and does not apply to any school,
public or private, as herein defined.
Database: the Texas Department of Public Safety's Sex Offender
Database.
Minor. a person younger than seventeen (17) years of age.
Public Park: any premises designated by the Town as parkland that
is not on the premises of a school, that is intended for recreation, and that
is open to the public.
Permanent Residence: a place where a person abides, lodges, or
resides for fourteen (14) or more consecutive days.
Playground: any outdoor facility that is not on the premises of a
school and that is intended for recreation, is open to the public, and
contains three or more separate apparatus intended for the recreation of
children, such as slides, swing sets, and teeterboards.
Premises: real property and all buildings and appurtenances
pertaining to the real property.
School: a private or public elementary or secondary school.
Swimming Pool: any structure intended or used by the public for
swimming or recreational bathing, regardless of size, and including in -
ground, aboveground and on -ground swimming pools. The term shall not
include swimming or bathing facilities located on private residential
property which is not open for use by the public or swimming or bathing
facilities located within an apartment or other multi -family housing
complex.
Temporary Residence: a place where a person abides, 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 residence, or a
place where a person routinely abides, resides, or lodges for a period of 4
or more consecutive days or nonconsecutive days in any month and which
is not the person's permanent residence.
Video Arcade Facility: any facility that is open to the public,
including persons who are 17 years of age or younger, is intended
primarily for the use of pinball, video, or computer games and contains at
least three pinball or video machines or computers for gaming uses.
Public or Private Youth Center., any recreational facility or
gymnasium that is intended primarily for use by persons who are 17 years
of age or younger and regularly provides athletic, civic, or cultural
activities, whether publicly or privately owned or operated.
Sec. 12.02 Offenses.
For each person required to register on the Texas Department of
Public Safety's Sex Offender Database (the "Database") because of a
violation involving a victim who was a minor, it is unlawful for that person
to establish a permanent residence or temporary residence in the City
within 1,000 feet of any premises where children commonly gather,
including a public or private school, day-care facility, public park,
playground, public or private youth center, public swimming pool, or video
arcade facility. For the purposes of this article, planted street medians
shall not be considered public parks.
Sec. 12.03 Evidentiary matters; measurements.
(a) It shall be prima facie evidence that this article applies to a person if
that person's record, or records pertaining to that person, appears on the
Database and the Database indicates that the victim was a minor.
(b) For the purposes of determining the minimum distance separation,
the 1,000-foot 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,
or, in the case of multiple residences on one property, measuring from the
nearest property line of the property where the multiple residences are
situated to the nearest property line of the premises where children
commonly gather.
(c) A map depicting the prohibited areas identified pursuant to the terms
of this Article and as approved by the Town Council shall be maintained
by the Town of Trophy Club. The Town shall review the map at least
annually for changes. The map will be available to the public at the
Trophy Club Police Department. A copy of the approved map is hereby
incorporated into this Ordinance by reference as Exhibit "A" and such map
may be amended from time to time through Council approval.
Sec. 12.04 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 article, and any offense shall be
considered a strict liability offense.
Sec. 12.05 Affirmative defenses.
It is an affirmative defense to the prosecution of an offense under
this article that any of the following conditions apply:
(1) The person required to register on the Database established
his/her permanent or temporary residence in the Town prior to the
effective date of this article, and has complied with all sex offender
registration laws of the State of Texas.
(2) The person required to register on the Database is a minor, or
was a minor when he/she committed the offense requiring such
registration and was not convicted as an adult.
(3) The premises where children commonly gather was opened or
began to be used as such after the person established the
permanent or temporary residence, and the person has complied
with all sex offender registration laws of the State of Texas.
(4) The information in the Database pertaining to that person is
incorrect and, if corrected, this article would not apply to that person.
Sec. 12.06 Penalty.
Any person violating the provisions of this article shall, upon
conviction, be punished by a fine not to exceed the sum of five hundred
dollars ($500.00) for each offense; and each and every day such violation
shall continue shall be deemed to constitute a separate offense."
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the
Town affecting the residency of registered sex offenders and shall not repeal any
of the provisions of such ordinances except in those instances where provisions
of those ordinances are in direct conflict with the provisions of this Ordinance;
whether such ordinances are codified or uncodified, and all other provisions of
the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict
with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim
which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed
by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of the Ordinance, and the Town Council
hereby declares it would have passed such remaining portions of the Ordinance
despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance by copying the exact Caption and Effective
Date clause in the minutes of the Town Council of the Town of Trophy Club and
by filing this Ordinance in the Ordinance records of the Town and by amending
the Code of Ordinances to reflect the changes adopted herein by Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 215t day of August, 2006.
ATTEST:
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
Mayor
Town of Trophy Club, Texas
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