Ordinance No. 11,100ORDINANCE NO. 11,100
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 66 "OFFENSES" OF THE CODE OF
ORDINANCES. CITY OF BAYTOWN. TEXAS, BY ADDING A NEW
ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE V
"RESTRICTIONS FOR SEX OFFENDERS "; CONTAINING A REPEALING
CLAUSE: CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND THE
EFFECTIVE DATE THEREOF.
WHEREAS, there are numerous, recent occurrences statewide of sex offenders convicted
of sexual offenses involving minors; and
WHEREAS, once released from custody, many such sex offenders repeat the unlawful
acts for which they were originally convicted: and
WHEREAS. according to the 2005 -2007 American Community Survey 3 -year estimate
of the U.S. Census Bureau, approximately 29.5 percent of the City's population is 17 years old or
younger; and
WHEREAS. the City is becoming an increasingly attractive place for families with young
children; 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
WI-[EREAS, the City Council believes that there is a need to provide better protection for
children gathering in the City by prohibiting certain registered sex offenders from establishing
temporary or permanent residency near areas where children regularly congregate; and
WHEREAS. it is the intent of this ordinance to serve the city's compelling interest to
promote, protect and improve the health and safety around locations where children regularly
congregate in concentrated numbers wherein registered sex offenders are prohibited from
establishing temporary or permanent residency; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to
be true by the City Council of the City of Baytown, Texas.
Section 2: That Chapter 66 "Offenses" of the Code of Ordinances, City of Baytown,
Texas, is hereby amended by adding a new article to be numbered and entitled Article V
"Restrictions for Sex Offenders." which said article reads as follows:
CHAPTER 66. OFFENSES
ARTICLE V. RESTRICTIONS FOR SEX OFFENDERS
See. 66 -101. Regulation of sex offenders.
(a) Definitions. The folloNving terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Child or minor means a person younger than 17 years of age.
Database means the state department of public safety's sex offender database.
Day -care center means a child -care facility that provides care for more than 12
children under 14 years of age for less than 24 hours a day.
Permanent residence means a place where a person abides, lodges, or resides for
14 or more consecutive days.
that:
Playground means any outdoor facility that is not on the premises of a school and
(A) is intended for recreation;
(B) is open to the public: and
(C) contains three or more separate apparatus intended for the recreation of
children. such as slides, swing sets, and teeterboards.
Premises includes all improved and unimproved areas of real property.
Premises tivhere children commonly gather has the same meaning as used in
V.T.C.A., Code of Criminal Procedure art. 42.12, §1313, and expressly includes a public
or private park (excluding planted street medians); school, playground, day -care facility,
video arcade facility. public or private youth center. or neighborhood or public swimming
pool.
Private park means property that:
(A) is intended for recreation,
(B) is open to persons residing in an area;
(C) is maintained by a homeowner's association; and
(D) contains three or more separate apparatus intended for the recreation of
children, such as slides. swing sets. and teeterboards.
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.
Reportable conviction or adjudication shall have the same meaning as that found
in V.T.C.A.. Code of Criminal Procedure art. 62.001(5).
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(c)
School shall means a private or public elementary or secondary school or a day-
care center, as defined by V.T.C.A.. Human Resources Code §42.002.
Sex offender means a person with a reportable conviction or adjudication who is
required to register with the state department of public safety under the provisions of
V.T.C.A., Code of Criminal Procedure ch. 62 because of a violation involving a victim
who was a minor.
Temporary residence means a place where a 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 a person routinely abides, resides. or
lodges for a period of four 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 means any 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.
Offenses.
(1) It is unlawful for a sex offender to establish a permanent or temporary residence
within 1,00 feet of any premises where children connnonly gather.
(2) It is unlawful for a property owner to let or rent any place, structure or part
thereof. with knowledge that it will be used as a permanent residence or
temporary residence by a sex offender if such premises. stricture or part thereof is
located within 1,00 feet of any premises where children commonly gather.
Evidentiary lnatters; lneasurelnents.
(1) It shall be prima facie evidence that this section applies to a person if that person's
record appears on the database and the database indicates that the victim was a
minor.
(2) There shall be a rebuttable presumption in prosecution under this section that the
person who is listed on the tax records for the county wherein the property is
situated is the property owner.
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(3) There shall be a rebuttable presumption in prosecutions under this section that the
person listed on the account for utility services furnished by the city is the person
who has the legal right of possession of the property.
(4) 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 sex offender's permanent or temporary residence to the nearest
property line of the premises where children commonly gather.
(d) Culpable mental state. Neither allegation nor evidence of a culpable mental state is
required for the proof of an offense defined by subsection (b)(1).
(e) Affirmative defenses.
(1) It is an affirmative defense to prosecution under subsection (b)(1) of this section
that any of the following conditions apply:
(a) the sex offender established the permanent or temporary residence and has
complied with all of the sex offender registration laws of the State of
Texas. prior to the effective date of this section:
(b) the sex offender was a minor when he or she committed the offense
requiring such registration and was not convicted as an adult:
(c) the sex offender is a minor;
(d) the premises where minors commonly gather within 1,00 feet of the
permanent or temporary residence of the sex offender was opened after the
sex offender established the permanent or temporary residence and
complied with all sex offender registration laws of the State of Texas;
(e) the person was at the time of the violation subject to community services
supervision pursuant to V.T.C.A., Code of Criminal Procedure art. 42.12,
§13B and the court reduced or waived the one thousand foot restriction for
a child free zone under section V.T.C.A., Code of Criminal Procedure art.
42.12. §13B(a)(1)(B) as it applies to the person's residence; or
(f) the person provides adequate documentation showing that the information
on the database is incorrect and that, if corrected, this section would not
apply to the person.
(2) It is an affirmative defense to prosecution under subsection (b)(2) of this section
that any of the following conditions apply:
(a) the property owner presents proof that he checked the database prior to
letting or renting the premises and that the database indicated at that time
that no prospective tenant or occupant was a registered sex offender. or
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(b) the property owner presents proof that he confirmed with the city's police
department prior to letting or renting the premises that no prospective
tenant or occupant was a registered sex offender.
(g) Penalties. A person who violates this section is guilty of a separate offense for each day
or part of a day during which the violation is committed, continued or permitted. Each
offense, upon conviction, is punishable as provided in section 1 -14.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence.
clause or phrase of the ordinance or the application of same to any person or the set of
circumstances. shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not effect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 5: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances.
injunctive relief; administrative adjudication and revocation of licenses or permits.
Section 6: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance. /J
INTRODUCED, READ. AND PASSED by the affirmative to of the City Council of
Baytown, this the 7`t' day of April, 2009.
S
APPROVED AS TO FORM:
I ACID RAMIREZ. Sr.. Cit ttorney
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Mayor