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Home My WebLink AboutPO 5612: SEX OFFENDERS P. O. NO. 5612 05/19/06 ts ORDINANCE NO. AN ORDINANCE ADDING ARTICLE III TO CHAPTER 62 OFFENSES OF THE CODE OF ORDINANCES AS IT PERTAINS TO SEX OFFENDERS; PROVIDING EXCEPTIONS; PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Port Arthur currently has registered sex offenders within the city limits; and, WHEREAS, the restrictions on the proximity of child sex offenders to schools are one way to minimize the risk of re- offending; and, WHEREAS, several states and cities have enacted laws and ordinances which restrict where child sex offenders may reside; and, WHEREAS, it is deemed in the best interests of the citizens of Port Arthur to add Article III to Chapter 62 of the Code of Ordinances as to adopt regulations governing sex offenders and where t~ey can establish residency. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TEE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the Code of Ordinances of the City of Port Arthur is hereby amended by adding Article III, to Chapter 62 of z .po5612 the Code of Ordinances as follows: A~.T~CL~ III. R~SID~Y R~STRICTIONS ON REgISTeRED S~X OFFEI~DERS Sec. 62-107. Findings and Intent (a) Repeat sexual offenders, sexual offenders that use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than ever reported, and are prosecuted for only a fraction of their crimes. (b) This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (c) It is the intent of this subchapter 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 sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences. (d) It is the intent to enact a non-punitive civil regulatory measure that protects health and safety. Sec. 62-108. Definitions The following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a difference meaning: (a) Permanent Residence. A place where the person abides, lodges, or resides for fourteen (14) or more consecutive days. (b) Temporary Residence. A place where the person abides, lodges, or resides for a period of fourteen {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 four (4} or more consecutive or nonconsecutive days in any month, and which is not the person's z.po5612 2 permanent residence. Sec. 62-109. Sexual Offenders Residence Prohibition; Exceptions. (a) It is unlawful for any person who has been convicted of a violation of the Texas Penal Code 21.11 to establish a permanent residence or temporary residence within 1000 feet of the following premises: · Sabine Pass High School 5641 S. Gulfway Drive · Stephen F. Austin Middle 2441 - 61st Street · Tyrrell Elementary 4401 Ferndale · DeQueen Elementary 710 DeQueen Boulevard · Dowling Elementary 6301 Pat Avenue · Franklin Elementary 1006 l0th Street · Washington Elementary 1300 Texas Avenue · Sam Houston Elementary 3245 36th Street · Port Arthur Alternative 5600 25th St., Groves · Travis Elementary 1115 Lakeview Avenue · Robert E. Lee Elementary 3939 Delaware · Thomas Edison Middle School 3501 12th Street · Dequeen Elementary School 710 Dequeen Boulevard · Woodrow Wilson Middle School 1500 Lakeshore Drive · Memorial High School 1023 Abe Lincoln 9th Grade Center(Formerly LHS) · Memorial Sr. High 2200 Jefferson Drive · Wheatley Head Start 800 E1 Vista · Taft Elementary School 2500 Taft Avenue, Groves · Tekoa Academy 326 Thomas Boulevard · Stilwell Technical Center 4801 9th Avenue · Stephen Jackson Academy 338 Procter · Hughen School for Crippled 2849 9th Avenue Children (b) For the purposes 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. (c) EXCEPTIONS= A person residing within 1000 feet of those places where children commonly gather, as specified herein does not commit a violation of this Subchapter if z.po5612 3 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, prior to the adoption of this Subchapter. (2) The person was a minor, when he or she committed the offense, and was not convicted as an adult. (3) The person is a minor. Sec. 62-110. Property owners prohibited from renting real property to sexual offenders 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 Subchapter, if such place, structure or part thereof, manufactured home, trailer, or other conveyance, is located within 1000 feet of any premises, as listed in Section 62-109. Sec. 62-111. Length of time applicable. The length of time with which this Ordinance is applicable to an offender shall be as follows: (a) A person assigned a risk level of One pursuant to the Texas Code of Criminal Procedure, §62.007, or has no risk assessment level assignment shall be exempt from this Subchapter upon the completion of that person's probationary period. (b) A person assigned a risk level of Two or Three, pursuant to the Texas Code of Criminal Procedure, §62.007, shall have no exemption as to the length of time this Subchapter is applicable. Sec. 62-112. Penalty. Violation of this Ordinance shall constitute a misdemeanor punishable upon conviction by a fine not to exceed $500 per day. However, any conduct prescribed by this Ordinance, which also constitutes an offense under state law, shall not be prosecuted under this Section, but shall be prosecuted pursuant to and punishable as z.po5612 4 provided by the applicable state law. Section 3. That this Ordinance or its caption shall be published one (1) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur. Section 4. That this Ordinance shall therefore take effect immediately after the date of publication. Section 5. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this __ day of , A.D., 2006, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ' City Council ' NOES: ' z.po5612 OSCAR ORTIZ, F~IYOR ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FOP. M= SEE CONFIDENTIAL MEMO MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTP~ATION: STEVE FITZGIBBONS, CITY MANAGER z .po5612 6