HomeMy WebLinkAboutOrdinance - 2008-O0031 - Adding Article IV To Chapter 18 Of City Entitled "Sex Offenders" Est. Residence - 03/27/2008First Reading
March 27, 2008
Item No. 6.9
Second Reading
April 10, 2008
Item No. 5.31
ORDINANCE NO. 2008-oOOJl
AN ORDINANCE ADDING ARTICLE IV TO CHAPTER 18 OF THE CITY OF
LUBBOCK CODE OF ORDINANCES, ENTITLED "SEX OFFENDERS," DECLARING IT
AN OFFENSE FOR SOME SUCH PERSONS TO ESTABLISH THEIR RESIDENCE IN
CLOSE PROXIMITY TO WHERE CHILDREN CO:tvfM:ONL Y GATHER, PROVIDING
AFFIRMATIVE DEFENSES TO PROSECUTION FOR SUCH OFFENSE, PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the Texas Legislature has enacted legislation which regulates convicted sex
offenders by requiring such persons convicted or adjudicated of certain offenses to, among other
things, register with and provide information as to their whereabouts to law enforcement
agencies such as the Lubbock Police Department; and
WHEREAS, some persons required by law to register with law enforcement agencies
were convicted or adjudicated of crimes involving minors; and
WHEREAS, the City Council of the City of Lubbock believes the recidivism rate for
such convicted or adjudicated persons who are released is alarmingly high; and
WHEREAS, the City Council desires to safeguard and protect the minors who reside in
this conununity from individuals convicted or adjudicated of such crimes and who might have a
propensity to become repeat offenders; and
WHEREAS, the Council believes enactment of an ordinance which would place
limitations on where persons convicted or adjudicated of certain crimes involving minors could
establish residences would help achieve this objective and would be in the best interest of most
citizens who reside in Lubbock and their children; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article IV is hereby added to Chapter 18 of the City of Lubbock
Code of Ordinances to read as follows:
ARTICLE IV. SEX OFFENDERS
Sec. 18.86. Definitions.
For the purposes of this article, the following terms, words, and the derivations thereof
shall have the meanings given herein.
(1)
(2)
(3)
(4)
(5)
(6)
Database -refers to the database maintained by the Texas Department of Public
Safety pursuant to V.A.T.C. Code of Criminal Procedure §§ 62.001 et seq., as
amended.
Day care center-any type of child-care facility as defined in V.A.T.C. Human
Resources Code § 42.002, as amended
Department-the Texas Department of Public Safety.
Minor-a person younger than seventeen years of age.
Permanent residence - a place where a person abides, lodges, or resides for a
period of seven (7) or more consecutive days.
Premises -public parks or public recreational facilities open to minors, private or
public schools (excluding in-home schools, trade or business schools, colleges,
and universities), boy's or girl's organizations chartered by a state or national
organization, and day care centers.
(7) Program -refers to the Sex Offender Registration Program promulgated in
V.A.T.C. Code of Criminal Procedure§§ 62.001 et seq., as amended.
(8) Temporary residence -a place where a person abides, lodges, or resides for a
period of seven (7) or more days in the aggregate during any calendar year and
which is not the person's permanent address.
Sec. 18.87. Offense.
It shall be unlawful for a person required to register on the database under either of the
following circumstances to establish a permanent or temporary residence within one thousand
(I ,000) feet of any premises, to wit:
(I) For an offense involving a minor under any provision of the Texas Penal Code, as
amended, requiring the person to register on the database.
(2) For an offense under federal law, the laws of any state, the laws of any foreign
country, or the Uniform Code of Military Justice, if the offense contains elements
substantially similar to any of those offenses in the Texas Penal Code involving a
minor and requiring the person to register on the database.
Sec.l8.88. Measurements.
For purposes of this article, the distance between a permanent or temporary residence and
the premises shall be determined by a straight line from the outer property line of such
permanent or temporary residence in closest proximity to the nearest property line of the
premises. In the case of apartment complexes or other multiple residences, the distance shall be
determined by a straight line from the outer property line of such apartment complex or other
multiple residence in closest proximity to the nearest property line of the premises.
Sec.18.89. Affirmative defenses.
It shall be an affirmative defense to prosecution for any violation under this article if:
(I) The person required to register on the database established the permanent or
temporary residence prior to the date of adoption of this article and has complied
with the program.
(2) The person required to register on the database is a minor.
(3) The premises were dedicated, constructed, or opened after the person established
the permanent or temporary residence and has complied with the program.
(4) The person was erroneously listed on the database or the information necessary to
establish an essential element of the offense under this article is erroneous.
Sec. 18.90. Penalty.
A violation of this ordinance shall constitute a misdemeanor and, upon conviction
thereof, shall be punishable by a fine not to exceed two thoursand dollars ($2000.00). Each day
a violation is committed or continues shall constitute and be punishable as a separate offense.
SECTION 2. THAT if any provision, section, subsection, sentence, clause or phrase of
this Ordinance, or the Ordinance which it amends, is for any reason held to be unconstitutional,
void or invalid, the validity of the remaining portions of either such Ordinance shall not be
affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion
hereof or provision or regulation contained herein shall become inoperative or fail by reason of
any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of
both such Ordinances are declared to be severable for that pwpose.
SECTION 3. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 27th day of March , 2008.
Passed by City Council on second reading this lOth day -o"f __ .....;Ap=r..:..;il~---, 2008 .
ATTEST:
APPROVED AS TO CO TTENT:
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ccdocs/Ordinance-Sex Offenders.ord
HW:Ih 03/11/08
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DAVID A. MILLER, MAYOR
No Text
City of Lubbock
Sex Offender-Free Zones
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LEGEND
ELEMENTARY~ECONDARYSCHOOL
D
D
PARK/PLAYGROUND
YOUTH CENTER
DAY CARE
1 ,000-FT BUFFER
STREETS
CITY LIMITS
SEX OFFENDER-FREE AREA IS 37%
OF TOTAL CITY AREA
NORTH
1 2 3
Miles
City of Lubbock
Planning Deparbnent
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1625 13th Street, Room 107
Lubbock, TX 79457
(806) 796-2106
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