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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 �r� OF TRCAti O 9�GgRY 1 , 19� EXHIBIT A MAP