Ord. 1267-1 2007-07-23 - CodifiedORDINANCE NO. 1267 - 1
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING
SELECTED PROVISIONS OF ARTICLE V OF CHAPTER 20 OF THE
CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS;
PROHIBITING PROPERTY OWNERS FROM ALLOWING CERTAIN
SEX OFFENDERS TO MAINTAIN A RESIDENCE WITHIN 1,000 FEET
OF PREMISES WHERE CHILDREN GATHER; 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 Section 20-71. Definitions, of 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. 20-71. 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.
"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 county wherein the property is situated is the property
owner. There shall be a rebuttable presumption in prosecutions under this Chapter that 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."
Section 2. That Section 20-72. Sex Offender Residency Prohibition; Penalty, and Defenses,
of Article V, SEX OFFENDER RESIDENCY REQUIREMENTS, of Chapter 20, OFFENSES
ORDINANCE NO. 1267 —1
AND MISCELLANEOUS PROVISIONS, of the Code of Ordinances, City of Pearland, Texas is
hereby amended to read as follows:
"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.
(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 sixteen (16) years of
age, it is unlawful for that person to maintain 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.
(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 20-72 (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
1,000 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 —1
(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."
Section 3. That Chapter 20, OFFENSES AND MISCELLANEOUS PROVISIONS, of the
Code of Ordinances, City of Pearland, Texas is hereby amended by adding Section 20-74 to
Article V, SEX OFFENDER RESIDENCY REQUIREMENTS, which said section reads as
follows:
"Sec. 20-74. 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
1,000 feet, as defined in Section 20-72(c), 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 sixteen (16) 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
1,000 feet, as defined in Section 20-72(c), 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 sixteen (16) years of age.
3
ORDINANCE NO. 1267 — 1
(c) Each day that a property owner allows a permanent residence or temporary
residence to be maintained in violation of Section 20-74 (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."
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.
2007.
PASSED and APPROVED on First and Only Reading this the 23rd day of July, A. D.,
TOM REID
MAYOR
(P1AQ
4
ORDINANCE NO. 1267 -1
ATTEST:
UNGRFIN
TY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD FIRST AND ONLY READING
JULY 23, 2007
Voting "Aye" - Councilmembers Beckman, Owens,
Kyle, and Cole.
Voting No — None.
Motion passed 4 to 0, with Councilmember Saboe absent.
PUBLICATION DATE: July 25, 2007
EFFECTIVE DATE: August 3, 2007
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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CIT)' „t
CITY ;r
2041,4 Y I PM 3: 09
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 waspublished
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria; Harris
and Galveston Counties, for
issues, as follows:
No.
No.
No.
No.
No.
Subscribe and sw
20
Date
Date
Date
Date
Date
20_
20 1L
20
20
20
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published July 25 , and Aug.
1, 2007
ORDINANCE NO. 1267 - 1
AN ORDINANCE OF THE
CITY OF PEARLAND,
TEXAS AMENDING
SELECTED PROVISIONS
OF ARTICLE V OF CHAP-
TER 20 OF THE CODE OF
ORDINANCES, CITY OF
PEARLAND, TEXAS; PRO-
HIBITING PROPERTY
OWNERS FROM ALLOW-
ING CERTAIN SEX
OFFENDERS TO MAIN-
TAIN A RESIDENCE WITH-
IN 1,000 FEET OF
PREMISES WHERE CHIL-
DREN GATHER; PROVID-
ING FOR A PENALTY;
HAVING A SAVINGS
CLAUSE; A SEVERABILI-
TY CLAUSE, AND A
REPEALER CLAUSE;
PROVIDING FOR CODIFI-
CA1ION, PUBLICATION
AND AN EFFECTIVE
DATE; AND DECLARING
AN EMERGENCY.
PASSED and APPROVED
on First and Only Reading
this the 23rd day of July, A.
D.. 2007.
/S/TOM REID
MAYOR
ATTEST:
/S/ YOUNG LORFING,
TRMC
CITY SECRETARY
APPROVED AS TO FORM:
/S/
absent.
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD FORST
AND OLY READING JULY
23, 2007
Voting "Aye"-
Councilmembers Beckman,
Owens,Kyle, and Cole.
Voting "No"- None
Motion passed 4 to 0, with
Councilmember Saboe
absent.
PUBLICATION DATE: July
25, 2007
EFFECTIVE DATE: August
3, 2007
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER OF
THE CITY OF PEARLAND,
TEXAS