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10-106 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 10-106 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: Findinqs Incorporated. 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, Requlation of Sex Offender Residency) and Sections 8.07.002 (Residency Requirements) and 8.07.005 (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: n Residency R.e uirements. 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 seventeen (17) years of age or younger, 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 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 ORDINANCE AMENDING DISTANCE REGULATIONS FOR SEX OFFENDERS—Page 1 of 3 583379 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 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. fP 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 I 4: Savings/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 ORDINANCE AMENDING DISTANCE REGULATIONS FOR SEX OFFENDERS—Page 2 of 3 583379 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: Severabiiity. 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 9th day of November, 2010. RAY S ITH, Mayor ATTEST N CTS RE TTHEW D. DENTON, TRMC Town Secretary Date(s)of Publication:/���� The Dallas Morning News iVOle ' ry wsw m. T""' y ;ip eN « Nmmai a � p� mill rum m a wa N fit/lot ill 1,111 a ORDINANCE AMENDING DISTANCE REGULATIONS FOR SEDC OFFENDERS—Page 3 of 3 583379