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ORD 2024-12 Sex Offender RegulationsORDINANCE NO.2024-12 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REVISING SEX OFFENDER REGULATIONS AND RESIDENCY RESTRICTIONS BY AMENDING CHAPTER 8 "OFFENSES AND NUISANCES," ARTICLE 8.06 "SEX OFFENDER RESIDENCY RESTRICTIONS" OF THE CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, IN ITS ENTIRETY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the "Town") is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Town Council has previously adopted regulations restricting the residency of sex offenders; and WHEREAS, the Town Council finds and declares that sex offenders are a threat to public safety; and WHEREAS, the Town Council finds from the evidence that the recidivism rate for released sex offenders is significant, especially for those who commit crimes against minors; and WHEREAS, the Town Council finds from the evidence that restrictions on the proximity of sex offenders to schools or other facilities that might create temptation to repeat offenses are one way to minimize the risk of recidivism; and WHEREAS, the Town 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 Town; and WHEREAS, the Town Council desires to establish child safety zones and distance restrictions for sex offenders in order to protect the health, safety, and welfare of its residents and residents of the State of Texas; and WHEREAS, the Attorney General issued Opinion No. GA-0526 in 2007, which confirmed that home rule municipalities may pass ordinances restricting the residency of sex offenders. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: ORDINANCE NO.2024-12 PAGE 2 SECTION 1. INCORPORATION OF RECITALS The above and foregoing recitals are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. The Code of Ordinances, Town of Trophy Club, Texas, Chapter 8 "Offenses and Nuisances," Article 8.06 "Sex Offender Residency Restrictions," is hereby amended in its entirety to read as follows: "§ 8.06.001 Definitions. For the purposes of this article, the following terms, words, and the derivations thereof shall have the meanings given herein: Child safety zone. A premises where children commonly gather. The term includes a school, day-care facility, playground, youth center, swimming pool, video arcade facility, or other facility that regularly holds events primarily for children. The term does not include a church, as defined by section 544.251, Texas Insurance Code. Database. The Texas Department of Public Safety's sex offender database or registry, which contains sex offender information that is reported, collected, and disseminated pursuant to Chapter 62, Texas Code of Criminal Procedure. Day-care facility. An establishment where more than three (3) unrelated children under the age of fourteen (14) are left for care, training, education, custody, or supervision during the day or any portion thereof. The term does not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school, public or private, as herein defined. Minor. A person younger than seventeen (17) years of age. Permanent residence. A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days. Playground. Any outdoor facility that is not on the premises of a school and that: (a) is intended for recreation; (b) is open to the public; and (c) contains three (3) or more play stations or apparatus intended for the recreation of children, such as slides, swing sets, and teeterboards. Premises. Real property and all buildings and appurtenances pertaining to the real property. Sex offender. An individual who is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure. School. A private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Texas Human Resources Code. ORDINANCE NO.2024-12 PAGE 3 Swimming pool. Any structure intended or used by the public for swimming or recreational bathing, regardless of size, and including in -ground, above -ground and on -ground swimming pools. The term shall not include swimming or bathing facilities located on private residential property which are not open for use by the public or swimming or bathing facilities located within an apartment or other multifamily housing complex Temporary residence. A place where a 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 a 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 permanent residence. Video arcade.facility. means any facility that: (a) is open to the public, including persons who are 17 years of age or younger; (b) is intended primarily for the use of pinball or video machines; and (c) contains at least three pinball or video machines. Youth center. Any public or private recreational facility or gymnasium that: (a) is intended primarily for use by persons who are 17 years of age or younger; and (b) regularly provides athletic, civic, or cultural activities. § 8.06.002 Offenses. (a) For each person who is a sex offender pursuant to Chapter 62, Texas Code of Criminal Procedure, because of a reportable conviction or adjudication involving a victim who was as minor, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any child safety zone. (b) It is unlawful for any person to let or rent any place, structure, or part thereof 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 section, if such place, structure, or part thereof is located within 1,000 feet of any child safety zone. (c) For each person required to register as a sex offender pursuant to Chapter 62, Texas Code of Criminal Procedure, on the database because of a reportable conviction or adjudication involving a victim who was a minor, it is unlawful for that person to go in, on, or within 1,000 feet of any child safety zone. (d) Nothing in this section shall require any person to terminate any lease, or sell or otherwise dispose of any real estate, or real property interest, or home acquired or owned prior to the conviction of the person as a sex offender. § 8.06.003 Evidentiary matters; measurements. (a) It shall be prima facie evidence that this article applies to a person if that person's record appears on the database and the database indicates that the victim was a minor. (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 child safety zone, or, in the ORDINANCE NO. 2024-12 PAGE 4 case of multiple residences on one property,the distance requirement shall be measured from the nearest portion of the building or structure used as a permanent or temporary residence by the sex offender or the parking lot or driveway providing access thereto, whichever is closest to the nearest property line of the child safety zone. (c) A map depicting child safety zones is hereby adopted by the Town and shall be made available to the public during the Town's regular business hours at the Town's police department. The Town Manager shall review the map at least annually. The Town Manager may make adjustments to the map at any time to remove or add child safety zones (1)to conform with development in the Town; (2) as a change in the condition of a premises may require;or(3)as may be required by law. Any adjustments made to the map by the Town Manager shall be provided to the Town Secretary, and the Town Secretary shall provide a certified copy of the revised map to the Chief of Police, and the Town Manager shall provide written notice to the Town Council. The Town may also publish a certified copy of the map on the Town's website. § 8.06.004 Culpable mental state not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article. § 8.06.005 Exemptions;affirmative defenses. (a) A person who established residency in a temporary or permanent residence located within 1,000 feet of a child safety zone prior to the effective date of this article is exempt from the application of this article, but only to the extent necessary to access areas necessary for the person to have access to and to live in the residence and only for the period the person maintains residency in the residence. (b) A person subject to this article may seek an exemption from its application by submitting a request in writing to the Town Manager specifying the background, reason,and scope of the requested exemption.The Town Manager may seek additional information from the requestor,and shall issue a written determination on the requested exemption within ten (10) business days from the filing of the request. The requestor may appeal to the Town Council from the determination of the Town Manager by filing such appeal request in writing to the Town Secretary within ten (10) business of the Town Manager's determination. (c) It is an affirmative defense to prosecution that any of the following conditions apply: (1) The person required to register on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult. (2) The person required to register on the database is a minor. (3) The premises where children commonly gather, as specified herein, that is located within 1,000 feet of the permanent or temporary residence of the person required to register on the database was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state. ORDINANCE NO.2024-12 PAGE 5 (4) The information on the database is incorrect, and, if corrected, this article would not apply to the person who was erroneously listed on the database. (5) The person required to register on the database was in, on, or within 1,000 feet of a child safety zone for a legitimate purpose, including transportation of a child that the person is permitted to be with, transportation to and from work, and other work -related purposes. § 8.06.006 Penalty. Any person violating the provisions of this article shall, upon conviction, be punished by a fine in an amount not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. § 8.06.007 Injunctive relief. Any violation of this article can be enjoined by a suit filed in the name of the Town in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in any ordinance of the town." SECTION 3. CUMULATIVE This Ordinance shall be cumulative of all provisions of ordinances of the Town, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. SEVERABILITY It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 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) nor 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. ORDINANCE NO.2024-12 PAGE 6 SECTION 6. SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the ordinances of the Town that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. SECTION 7. PUBLICATION The Town Secretary of the Town is hereby directed to publish the caption and penalty clause of this Ordinance as required by Section 3.16 of the Town's Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED ON T IS lOTH DAY OF DUNE 2024. I ROC.00900 to PY � ~ Je nn fany, M ATTEST: RY Tammy Dixon, wn Secretary APPROVED AS TO FORM: