Ord. 1267 2006-05-08 - CodifiedORDINANCE NO. 1267
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS MAKING IT
UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN
1,000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING
EXCEPTIONS; PROHIBITING PROPERTY OWNERS FROM RENTING
REAL PROPERTY TO CERTAIN SEX OFFENDERS; PROVIDING FOR
A PENALTY; PROVIDING FOR CODIFICATION; AND DECLARING
AN EMERGENCY.
WHEREAS, the City of Pearland, Texas, (herein the "City"), being a home -rule city having
authority to utilize police power regulation for the health, safety and general welfare of the
citizens of the City; and,
WHEREAS, the City Council is deeply concerned about the numerous and recent occurrences in
our state and elsewhere, whereby sex offenders convicted of sexual offenses involving children,
who have been released from custody and repeat the unlawful acts for which they had been
originally convicted; and,
WHEREAS, the City Council finds from that the recidivism rate for released sex offenders is
alarmingly high, especially for those who commit their crimes against children; and,
WHEREAS, the City is becoming an increasingly attractive place for families with young
children; and,
WHEREAS, the City Council finds that establishing a policy to restrict the property available
for residence of sex offenders will provide better protection for children gathering in the City;
and
WHEREAS, Article 42.12(13B) of the Texas Code of Criminal Procedure, provides a 1,000 foot
safety zone for children, as a condition of probation for those convicted of certain sexual
offenses; and
WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas
Local Government Code, and the City Charter provide the City authority to adopt ordinances for
the good government, peace, order, and welfare of the municipality; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 20, OFFENSES AND MISCELLANEOUS PROVISIONS, of the
Code of Ordinances, City of Pearland, Texas is hereby amended by adding an Article V, SEX
OFFENDER RESIDENCY REQUIREMENTS, which said chapter reads as follows:
ORDINANCE NO. 1267
"CHAPTER 20, REGULATION OF SEX OFFENDER RESIDENCY
Sec. 20-70. 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 for 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
known sex offenders from having access to children in areas where children generally feel safe.
It is the intent of this ordinance 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. 20-71. 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;
"Permanent residence" means a place where the person abides, lodges or resides for 14 or more
consecutive days.
"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. 20-72. 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 sixteen (16) years of
age, it is unlawful for that person to establish a permanent residence or temporary residence
within 1,000 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 sixteen (16) years of age.
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ORDINANCE NO. 1267
(b) 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.
(c) 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.
(d) Defenses. Nothing in this ordinance shall be interpreted to modify or reduce the
State's child safety ban. A person, as described in subsection (a), residing within 1,000 feet
of those places where children commonly gather does not commit a violation of this chapter
if any of the following apply:
(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 1,000 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. 20-73. Property Owners Prohibited from Renting Real Property to Sex Offenders;
Penalty.
(a) It is unlawful to let or rent any place, structure or part thereof, manufactured home,
trailer, or other conveyance, with the knowledge that it will be used as a permanent
residence or temporary residence by any person prohibited from establishing such
permanent residence or temporary residence pursuant to the terms of this chapter, if
such place, structure or part thereof, manufactured home, trailer, or other conveyance
is located within 1,000 feet, as defined in Section 20-72(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.
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ORDINANCE NO. 1267
(b) Penalty. Any person, firm or corporation 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."
Section 2. 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 3. 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 4. 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 5. 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.
2006.
PASSED and APPROVED on First and Only Reading this the 8`t'day of May, A. D.,
siL
TOM REID
MAYOR
4
ORDINANCE NO. 1267
ATTEST:
Y S <<'RETARY
VOTING RECORD FIRST AND ONLY READING
MAY 8 2006
Voting "Aye" - Councilmembers Tetens, Owens, Cole,
Marcott, and Saboe.
Voting "No" — None.
Motion passes 5 to 0.
PUBLICATION DATE: May 10, 2006
EFFECTIVE DATE: May 19, 2006
APPROVED AS TO FORM: PUBLISHED AS REQUIRED BY SECTION 3.10 OF
DARRIN M. COKER
CITY ATTORNEY
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
5
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No / Date •1 20
No Date 20
No Date 20
No Date 20
No. 1. Date 20
LAURA pNN.EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Subscribe and sworn to before me this 171
20 a .
CFO
day o
Laura Ann Emmons, Publisher
Notary Public, State of Texas
t-iQaring
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for </ issues, as follows:
No. / Date c51/0 20 ,a(g_
No Date 20
No. Date 20
No Date 20
No. Date 20
.... • .... •.•.;';•.... •..••..•.
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Subscribe and sworn to before me this
20_4.
CFO
day o
Laura Ann Emmons, Publisher
Notary Public, State of Texas
LEGALS
I
1 /s/ Tom Reid
Mayor
I ATTEST:
/S/ Young Luting, TRMC
City Secretary
APPROVED AS TO FORM:
/s/ Darrin M. Coker
City Attomey
VOTING RECORD FIRST
AND ONLY READING MAY
8, 2006
I Voting "Aye" -
Counciimembers Tetens,
Owens, Cole, Marcott, and
Saboe.
Voting "No" — None. l
Motion passes 5 to 0.
PUBLICATION DATE:
May 10 2006
EFFECTIVE DATE:
May 19, 2006
I PUBLISHED AS
REQUIRED BY SECTION
' 3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS
Published May 10, 2006
ORDINANCE NO. 1267
'AN ORDINANCE OF THE
CITY OF PEARLAND,
TEXAS MAKING IT
( UNLAWFUL FOR CERTAIN
SEX OFFENDERS TO!
RESIDE WITHIN 1,000
FEET OF PREMISES
{WHERE CHILDREN GATH-
ER; PROVIDING- EXCEP-
TIONS; PROHIBITING!
PROPERTY OWNER&
FROM RENTING REAL;
PROPERTY TO CERTAIN
SEX OFFENDERS; PRO-
VIDING FOR A PENALTY;
PROVIDING FOR•CODIFI
CATION; AND DECLARING '
AN EMERGENCY.
Sec. 20-73. Property
Owners Prohibited from i
Renting Real Property to
Sex Offenders; 'Penalty.
(b) Penalty. Any person,
firm or corporation violating
a provision of this chapter,
shall be guilty of a misde-
meanor, and upon convic-j
tion shall be subject to al
fine in accordance with the'
general penalty section 1-11 I
of the Code of Ordinances." ,
PASSED and APPROVED
on First and Only Reading
this the 8th day of May, A.
D., 2006.
Published May 3, 2006
' NOTICE OF PUBLIC
, HEARING OF THE CITY
OF PEARLAND
•
Notice is ;hereby given that,
on the 8th day of May,i
2006, at 6:30 p.m., the Otyl
iCouncil of the City of
Pearland, Brazoria, Fort
Bend, and Harris Counties,!
!Texas, will conduct Publicl
Hearing, in the Council
Chambers, City Hall, 3519'
Liberty Drive, Pearland,
Texas, to gather public]
comment and testimony
regarding,the adoption of ant
ordinance establishing resi-
dency requirements; for cer-f
tain sex offenders.
At said hearing all interest-
ed parties shall have the
right and opportunity to ,
appear and be heard on the
subject.
Is/ Young 'Lolling, TRMC
City Secretary
This site! is accessible to
disabled individuals. For
special assistance, please
call Young Lorfinq at
281,652.1655, prior to the
meeting so that appropriate
arrangements can be made. {,