06-062 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 06-62
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, MAKING IT
UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN ONE
THOUSAND FEET (1,000') OF PREMISES WHERE CHILDREN GATHER;
PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR
COMMITTING AN OFFENSE UNDER THIS ORDINANCE; PROVIDING FOR
AFFIRMATIVE DEFENSES; 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 (the"Town Council") determines
and declares that sex offenders are a serious threat to public safety; and
WHEREAS, the Town Council determines that the recidivism rate for released sex offenders is
alarmingly high,especially for those who commit their crimes against children; and
WHEREAS, the Town Council determines that establishing a policy to restrict the property
available for residence of sex offenders will provide better protection for children gathering in the Town
of Prosper,Texas(the"Town"); 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Regulation of Sex Offender Residency.
A. Definitions. For purposes of this Ordinance,the following terms, words, and the
derivations thereof shall have the meanings given below:
1. Minor-A minor is a person younger than seventeen(17)years of age.
2. Permanent Residence - A place where a person abides, lodges or resides
for fourteen(14)or more consecutive days.
3. 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.
B. Offenses.
1. Sex Offender Residency Regulations. 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 sixteen (16) years of age, it is unlawful for that person to
establish a permanent residence or temporary residence within one
thousand feet (1,000') 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 defmed in the Town's Comprehensive Zoning Ordinance
No. 05-20, as it exists or may be amended. If any term used herein is not
defmed 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.
2. Evidentiary matters; measurements.
(a) It shall be prima facie evidence that this Ordinance applies to
such a person if that person's record appears on the Database and
the Database indicates that the victim was less than sixteen (16)
years of age.
(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 above, or,
in the case of multiple residences on one property, measuring
from the nearest property line of the premises to the nearest
property line of the premises where children commonly gather,
as described herein.
(c) A map depicting the prohibited areas shall be maintained by the
Town and made available to the public at the Prosper Police
Department. The Town shall review the map at least annually
for changes.
3. Culpable mental state not required. Neither allegation nor evidence of a
culpable mental state is required for the proof of an offense defmed by this
Ordinance.
4. 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 one thousand feet (1,000') 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, or as 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: Savings/Repealing. 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 law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS on this 27th day of June,2006.
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•TTHEW D. DENTON,Town Secr�ary . It` :
Date(s)of Publication: Z+u''1E 396IO2.
q ��, 6 , The Dallas Morning News
(Collin Cou ition).
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
• as published in The Dallas Morning News—Metro Collin County Edition on:
TOWN OF
PROSPER, TEXAS
ORDINANCE NO.06-62
AN ORDINANCE OF June 30, 2006
THE TOWN OF PROS-
PER,U TEXAS,
EA W i- MAKING
L FIO R July 7, 2006
CERTAIN SEX OF-
FENDERS TO RESIDE
WITHIN ONE T U-
SAND FEET (1000') OF
PREMISES WHERE
CHILDREN GATHER;
PROVIDING
E MENTAL
STATE IS NOT RE-
QUIRED FOR COMMIT-
TING AN OFFENSE UN-
DER THIS ORDINANCE;
PROVIDING
DEFENS- 7, ;/ _
ES; PROVIDING FOR A ,✓I4.-�
PENALTY FOR THE VI- = 1/ �/
OLATION OF THIS OR-
DINANCE; PROVIDING (Lynda Black)
FOR SAVINGS, RE-
PEALING AND SEVER-
ABILITY CLAUSES,'
PROVIDING FOR TH
PUBLICATION OF THE
CAPTION HEREOF•
AND PROVIDING FOR
AN EFFECTIVE DATE.
Sworn to and subscribed before me this July 7, 2006, A.D
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