ORD 2009-03TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-03
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING SECTION 12.07 ENTITLED ".1000' SAFETY ZONE
MAP" OF ARTICLE XII, ENTITLED "REGISTERED SEX
OFFENDERS", OF CHAPTER 10 ENTITLED "PUBLIC SAFETY",
OF THE CODE OF ORDINANCES; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR THE
ADOPTION OF A NEW "1000' SAFETY ZONE MAP" IDENTIFIED
AS SECTION 12.07 OF THE CODE AND AS SET FORTH IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING SEVERABILITY;
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 FOR PUBLICATION;
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, Article 42.12, Section 1313(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
WHEREAS, the Town Council adopted Ordinance 2006-29 on the 21St day
of August, 2006 which is codified as Article XII of Chapter 10 of the Code of
Ordinances and which establishes regulations on the location of property
available for use as a residence by sex offenders in order to provide better
protection for children gathering in the Town and; 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 adopt a map clearly depicting the areas
where such residency is not allowed; and
WHEREAS, Article Xll of Chapter 10 of the Code Of Ordinances currently
provides a map in Section 12.07, and Article XII provides for an annual review of
that map to determine necessary changes; and,
Ordinance 2009-03 1 1 1
WHEREAS, Town staff has reviewed the map currently in place, adopted
as Section 12.07 of Article XII, and has determined that changes to the map are
necessary and appropriate given the location of current areas where children
commonly gather; and
WHEREAS, upon approval of this Ordinance by the Town Council, a
revised map shall be' incorporated as Section 12.07 of Chapter XI I of Article 10 of
the Code of Ordinances and shall be maintained in the Trophy Club Police
Department.
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
Section 12.07 entitled "1000' Safety Zone Map" of Article XII, entitled
"Registered Sex Offenders", of Chapter 10 entitled "Public Safety", of the Code of
Ordinances is hereby amended so that the map adopted by Ordinance No. 2006-
29 and codified as Section 12.07 entitled "1000' Safety Zone Map" is repealed,
and a new 1000' Safety Zone Map labeled as Exhibit "A", attached hereto and
incorporated herein, is adopted as Section 12.07 entitled "1000' Safety Zone
Map", of Article XII of Chapter 10 of the Code of Ordinances.
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
Ordinance 2009-03 2
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.
PENALTY
It shall be unlawful for any person to violate any provision of this
Ordinance, and any person' violating or failing to comply with any provision hereof
shall be fined, upon conviction, in an amount not less than One Dollar ($1.00)
and more than Five Hundred Dollars ($500.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to
publish, the Caption, Penalty and Effective Date of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance in accordance with the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage and
publication 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 16th day of February, 2009.
Ordinance 2009-03 g
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
�o' n Sec etary
Town of Trophy Club, Texas
[SEAL] �0' e nUpyy
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APPROVED AS TO FORM:
— ;"eI40dIJd'd'&)
Town Attorney
Town of Trophy Club, Texas
Ordinance 2009-03 4