Ord. 1267-2 2021-02-08ORDINANCE NO. 1267- 2
An Ordinance of the City Council of the City of Pearland, Texas amending
selected provisions of Article V, Sex Offender Residency, of Chapter 20 of
the Code of Ordinances; providing for a penalty; having a savings clause;
a severability clause, and a repealer clause; providing for codification,
publication and an effective date; and declaring an emergency.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Article V, SEX OFFENDER RESIDENCY REQUIREMENTS, of Chapter 20,
OFFENSES AND MISCELLANEOUS PROVISIONS, of the Code of Ordinances, City of
Pearland, Texas is hereby amended to read as follows:
"Sec. 20-81. Finding and Intent.
The foregoing recitals are hereby found to be true and correct and are hereby adopted by
the city council and made a part hereof for all purposes as findings of fact. Further, the city
council finds that sex offenders that use physical violence and who are convicted of
preying on children are sexual predators who present an extreme threat to the health,
safety and welfare of children. Sex offenders are likely to use physical violence, to repeat
an offense, have many more victims than are ever reported, are prosecuted or only a
fraction of their actual sexual offenses, and children not only lack the ability to protect
themselves but additional measures should be taken to keep knowns ex -offenders from
having access to children in areas where children generally feel safe.
It is the intent of this article to serve the city's compelling interest to promote, protect and
improve the health, safety and welfare of the citizens of the city by creating areas around
locations where children regularly congregate in concentrated numbers wherein certain
registered sex offenders and sexual predators are prohibited from establishing temporary
or permanent residency.
Sec. 20-82. Definitions.
The following words, terms, and phrases; when used in this Article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning;
"Public park" means any land designated for public recreation that is owned, leased or
maintained by the City of Pearland.
"Permanent residence" means a place where the person abides, lodges or resides for 14
or more consecutive days.
"Property owner" means any owner of record, person who has contractual responsibility
for the property, or person who has the legal right of possession of the property. There
shall be a rebuttable presumption in prosecution under this Chapter that the person who is
listed on the tax records for the countywherein the property is situated is the property
owner. There shall be a rebuttable presumption in prosecutions under this Chapter that
ORDINANCE NO. 1267 — 2
the person listed on the account for utility services furnished by the City of Pearland is the
person who has the legal right of possession of the property.
"Temporary residence" means a place where the 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 address, or a place where the person routinely abides, resides or
lodges for a period of 4 or, more consecutive or nonconsecutive days in any month and
which is not the person's permanent residence."
Sec. 20-83. Sex Offender Residency Prohibition; Penalty; and Defenses.
(a) If a person is required to register on the Department of Public Safety's Sex Offender
Database because of a violation involving a victim who was less than seventeen (17)
years of age, it is unlawful for that person to establish a permanent residence or
temporary residence within 2,000 feet of any premise where children commonly gather,
including a playground, school, day care facility, video arcade facility, public or private
youth center, or public swimming pool, as those terms are defined in Article 481.134 of
the Health and Safety Code of the State of Texas. It shall be prima facie evidence that
this chapter applies to such a person if the person's record appears on the Database
and the Database indicates that the victim was less than seventeen (17) years of age.
(b) If a person is required to register on the Department of Public Safety's Sex Offender
Database because of a violation involving a victim who was less than seventeen (17)
years of age, it is unlawful for that person to maintain a permanent residence or
temporary residence within 2,000 feet of any premise where children commonly gather,
including a playground, school, day care facility, video arcade facility, public or private
youth center, or public swimming pool, as those terms are defined in Article 481.134 of
the Health and Safety Code of the State of Texas. It shall be prima facie evidence that
this chapter applies to such a person if the person's record appears on the Database
and the Database indicates that the victim was Tess than seventeen (17) years of age.
(c) For the purpose 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, or in the case of multiple residences on one
property, measuring from the nearest wall of the building or structure occupied or the
parking/driveway, which ever is closer to the nearest property line of the premises where
children commonly gather, as described herein.
(d) Each day that a permanent residence or temporary residence is maintained in violation
of Section 20-83 (b) shall constitute a separate violation.
(e) Penalty. Any person violating a provision of this chapter shall be guilty of a
misdemeanor, and upon conviction shall be subject to a fine in accordance with the
general penalty section 1-11 of the Code of Ordinances.
(f)
Defenses. Nothing in this ordinance shall be interpreted to modify or reduce the
State's child safety ban. A person, as described in subsections (a) or (b), residing within
2,000 feet of those places where children commonly gather does not commit a violation
of this chapter if any of the following apply:
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ORDINANCE NO. 1267 — 2
(1) The person established the permanent or temporary residence and
has complied with all the sex offender registration laws of the State
of Texas, prior to the date of the adoption of this ordinance.
(2) The person was a minor when he/she committed the offense and
was not convicted as an adult.
(3) The person is a minor.
(4) The premises where children commonly gather, as specified herein,
within 2,000 feet of the person's permanent or temporary residence
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 person provides adequate documentation showing that the
information on the Database is incorrect and that, if corrected, this
chapter would not apply to the person."
Sec. 20-84. Property Owners Prohibited from Allowing Sex Offenders to Establish
or Maintain Residency; Penalty.
(a) It is unlawful for a property owner to knowingly allow a person who is prohibited from
establishing a permanent residence or temporary residence pursuant to the terms of
this chapter to establish a permanent residence or temporary residence on his or her
property if such property is located within 2,000 feet, as defined in Section 20-83(a),
of any premises where children commonly gather, including a playground, school,
day care facility, video arcade facility, public or private youth center, or public
swimming pool, as those terms are defined in Article 481.134 of the Health and
Safety Code of the State of Texas. It shall be prima facie evidence that this section
applies to such a person if the person's record appears on the Database and the
Database indicates that the victim was less than seventeen (17) years of age.
(b) It is unlawful for a property owner to knowingly allow a person who is prohibited from
establishing a permanent residence or temporary residence pursuant to the terms of
this chapter to maintain a permanent residence or temporary residence on his or her
property if such property is located within 2,000 feet, as defined in Section 20-83(b),
of any premises where children commonly gather, including a playground, school,
day care facility, video arcade facility, public or private youth center, or public
swimming pool, as those terms are defined in Article 481.134 of the Health and
Safety 'Code of the State of Texas. It shall be prima facie evidence that this section
applies to such a person if the person's record appears on the Database and the
Database indicates that the victim was Tess than seventeen (17) years of age.
(c) Each day that a property owner allows a permanent residence or temporary
residence to be maintained in violation of Section 20-84 (b) shall constitute a
separate violation.
(d) Penalty. Any property owner violating a provision of this chapter shall be guilty of a
misdemeanor, and upon conviction shall be subject to a fine in accordance with the
general penalty section 1-11 of the Code of Ordinances.
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ORDINANCE NO. 1267 — 2
Sec. 20.85. Sex Offenders prohibited from entering Public Parks. -
It is unlawful for any person to enter a Public Park if the person is required by law to
register on the Department of Public Safety's. Sex Offender Database because of a .
violation involving a victim who was less than seventeen (17) years of age.
Secs. 20-86-20-90. Reserved."
Section 4. Savings. All rights and remedies which have accrued in favor of the City under this
Ordinance and amendments "thereto shall be and are preserved for the benefit of the City.
Section 5. Severability. Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or' circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof;
but as to such remaining portion or portions, the same shall be and remain in full force and effect
and to this end the provisions of this ordinance are declared to be severable.
Section 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby
repealed but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of Pearland, Texas, that
the provisions of this ordinance shall be codified in the City's official Code of Ordinances as
provided hereinabove.
Section 8. Declaration of Emergency. The Council finds and determines that the need to
regulate the location of residences for certain sex offenders inures to the health, safety and
welfare of the citizenry; and that this ordinance shall be adopted as an emergency measure,
and that the rule requiring this ordinance to be read on two (2) separate occasions be, and the
same is hereby waived.
Section 9. Publication and Effective Date. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and
after its publication, or the publication of its caption and penalty, in the official City newspaper.
PASSED and APPROVED on First and Only Reading this the 8th day of February, A. D.,
2021.
CITY SECRETARY
VIN COLE
AYOR
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ORDINANCE NO. 1267 - 2
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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ORDINANCE NO. 1267-2
Consideration and Possible Action - First and Only Reading of Ordinance No. 1267-2 - An Ordinance of the
City Council of the City of Pearland, Texas, amending selected provisions of Article V, Sex Offender
Residency, of Chapter 20 of the Code of Ordinances; providing for a penalty; having a savings clause; a
severability clause, and a repealer clause; providing for codification, publication and an effective date; and
declaring an emergency.
Crystal Roan, TRMC, CMC
Pearland City Secretary
PASSED and APPROVED ON FIRST AND ONLY READING this the 8th day of February, A. D.,
2021.
VOTING RECORD FIRST AND ONLY READING
February 8, 2021
Voting "Aye" - Councilmembers Orlando, Carbone, Kamkar, Little,
Hernandez, Perez, Owens.
APPROVED AS TO FORM Motion passes 7 to 0,
PUBLICATION DATE: February 10, 2021
EFF eTIVE DATE: February 20, 2021
ol2-1
stal N. Roan, TRMC, CMC
City Secretary