11-005 - OTOWN OF PROSPER, TEXAS
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ORDINANCE NO. J -005
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 06-62 (SECTION 2, REGULATION OF SEX OFFENDER
RESIDENCY) AND SECTIONS 8.07.002 (RESIDENCY REQUIREMENTS)
AND 8.07.005 (AFFIRMATIVE DEFENSES) OF THE TOWN OF PROSPER,
TEXAS' CODE OF ORDINANCES; MAKING IT UNLAWFUL FOR
CERTAIN SEX OFFENDERS TO RESIDE WITHIN TWO THOUSAND FEET
(2,000') OF PREMISES WHERE CHILDREN GATHER; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that Ordinance No. 06-62 (Section 2, Regulation of Sex Offender
Residency) and Sections 8.07.002 (Residency Requirements) and 8.07.005 (Affirmative
Defenses) of the Town of Prosper, Texas' ("Town") Code of Ordinances should be amended to
revise the residency regulations and affirmative defenses with regard to distance requirements;
and
WHEREAS, the Town Council finds that it will be advantageous and beneficial to the
Town and its inhabitants to amend Ordinance No. 06-62 and the Town's Code of Ordinances as
set forth below:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findin sg Inggrporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance No. 06-62 Section 2 Regulation of Sex
Offender Residency) and Sections 8.07.002 (Residency Requirements) and 8,0_7.005
Affirmative Defenses of the Town's Code of Ordinances. Ordinance No. 06-62
(Section 2, Regulation of Sex Offender Residency) and Sections 8.07.002 (Residency
Requirements) and 8.07.005 (Affirmative Defenses) of the Town's Code of Ordinances
are hereby amended as follows:
Residency Requirements. For each person required to register on the Texas
Department of Public Safety's Sex Offender Database (the "Database") because
of a violation involving a victim who was less than eighteen (18) years of age, it
is unlawful for that person to establish a permanent residence or temporary
residence within two thousand feet (2,000') of any premise where children
commonly gather, which, for purposes of this Ordinance, shall be a public park or
playground or private or public school or day care center, public or private youth
center, public swimming pool or video arcade facility, as such terms are defined
in the Town's Comprehensive Zoning Ordinance No. 05-20, as it exists or may be
amended. If any term used herein is not defined in the Town's Comprehensive
Zoning Ordinance, the term(s) shall have the meaning ascribed by Section
481.134, Texas Health and Safety Code, as it exists or may be amended. For the
purposes of this Ordinance, planted street medians are not public parks.
Affirmative defenses. It is an affirmative defense to prosecution that any of the
following conditions apply:
(a) The person required to register on the Database established the
permanent or temporary residence and has complied with all of the sex
offender registration laws of the State of Texas, as they exist or may be
amended, prior to the date of the adoption of this Ordinance; provided,
however, such person shall be required to continuously maintain
compliance with all of the sex offender registration laws of the State of
Texas, as they exist or may be amended, after the adoption of this
Ordinance.
(b) 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.
(c) The person required to register on the Database is a minor.
(d) The premises where children commonly gather, as specified
herein, within two thousand feet (2,000') 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 of Texas, as
they exist or may be amended. Such person shall be required to
continuously maintain compliance with all of the sex offender registration
laws of the State of Texas, as they exist or may be amended.
(e) The information on the Database is incorrect, and, if corrected, this
Ordinance would not apply to the person who was erroneously listed on
the Database.
SECTION 3: Penalty. Any person violating any provision of this Ordinance, Ordinance
No. 06-62 or any provision of the Town's Code of Ordinance's, as they exist or may be
amended, shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined
in a sum not to exceeding Five Hundred Dollars and No/100 ($500.00), and each and every day
such violation continues shall be considered a separate offense; provided, however, such penal
provision shall not preclude a suit to enjoin such violation.
SECTION 4: Savin =sg /Repealing. Ordinance No. 06-62 shall remain in effect except as
amended by this or any other Ordinance. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. The Town hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 11 th day of January, 2011.
RAY SMI H, Mayor
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ATTHEW D. DENTON, TRMC
awn Secretary
Date of Publication: 7j—A The Dal 4 �?orning Nems