HomeMy WebLinkAboutOrd 270-2006 Sex Offender residence-Repealed by Ordinance 275-2006.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 270-2006
AN ORDINANCE OF THE CITY OF ANNA, TEXAS MAKING IT UNLAWFUL
FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1,000 FEET OF
PREMISES WHERE CHILDREN GATHER; PROVIDING THAT A CULPABLE
MENTAL STATE IS NOT REQUIRED FOR COMMITTING SUCH AN
OFFENSE; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A PENALTY OF $500; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A, REPEALING CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Anna ("City Council") determines and
declares that sex offenders are a serious threat to public safety; and,
WHEREAS, the City 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 City; 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;
WHEREAS, the members of the City Council are deeply and profoundly
concerned about the unfortunate, numerous occurrences within the State of
Texas and the United States when convicted sexual offenders have been
released from custody and then repeat the same or similar unlawful acts for
which they had originally been convicted; and
WHEREAS, the City Council of the City of Anna, Texas finds from the available
evidence that the recidivism rate for released sexual offenders is alarmingly high,
especially for those who commit crimes upon children; and
WHEREAS, the United States Department of Justice, Office of Justice Programs,
Bureau of Justice Statistics (BJS), studied the recidivism of sex offenders
released since 1994 and found the following:
1. within three years following their release, 5.3% of sex offenders (men who
had committed rape or sexual assault) were rearrested for another sex
crime;
2. on average, the 9,691 sex offenders served less than half of the eight-year
average sentence;
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3. compared to non -sex offenders released from state prisons, released sex
offenders were four times more likely to be rearrested for a sex crime,
4. of the released sex offenders, 3.5% were reconvicted for a sex crime
within the three year follow-up period, 24% were reconvicted for a new
offense and 38.6% were returned to prison, either because they received
another prison sentence or because of a parole violation; and
5. the 9,691 released sex offenders studied included 4,295 men who were in
prison for child molesting; and
WHEREAS, other BJS surveys have shown that 70% of all men in prison for a
sex crime were men whose victim was a child; and
WHEREAS, the Texas Department of State Health Services Council on Sex
Offender Treatment recently found that incarceration in a penal institution does
not deter repeat sexually violent predators or the proliferation of sexual violence
and that decades of research across a broad spectrum of issues show that
punishment merely suppresses deviant behavior and does not eradicate it; and
WHEREAS, experts in the area of criminology have stated that "all sexual
assaults should be considered violent behavior;" and
WHEREAS, experts in the field of child sex crimes, such as those at the John
Jay College in New York, state that " ... chill sexual abuse is significantly
underreported" and a study of the Center for Sex Offender Management, a
project of the United States Department of Justice, noted that "although sex
offenders account for only a small percentage of the total offender population,
probably no other group of offenders evokes as much fear in citizens and
concern among policymakers and practitioners. In an effort to protect the public
from the threats posed by known sex offenders and to ensure that the most
effective management practices possible are in place, communities across the
country are working hard to assess and plan improvements in their current
approaches to sex offender management;" and
WHEREAS, one expert author has written that "there is overwhelming evidence
that indicates that our current system of punishing or treating sexual offenders is
failing us" and a publication of the American Medical Association (AMA) states
that "child sexual abuse has been endemic for generations, but recognition of the
prevalence and the potential devastating psychological effects have only recently
received attention" and the AMA publication goes on to state that "[rjrecent
studies suggest that approximately 20% of children will be sexually abused in
someway before they reach adulthood, with this figure cumulating at a rate of
about 1% each year;" and
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WHEREAS, the Colorado Bureau of Investigation has assembled the following
relevant statistics:
1. in 2001, there were approximately 386,000 registered sex offenders in the
United States;
2. approximately 95% of sex offenders in the U.S. are under correctional
supervision in the community;
3. at least half of convicted child molesters report that they also have been
sexually assaulted as a child;
4. over 80% of convicted adult rapists report that they have molested
children;
5. approximately one-third of sex offenders report assaulting both males and
females;
6. research shows that most convicted sex offenders have committed many,
many assaults before they are caught;
7. most sex offenders report that they have committed multiple types of
sexual assault (sexual assault crimes include exhibitionism, voyeurism,
oral sex, vaginal penetration, attempted penetration, fondling, and incest);
8. over two-thirds of offenders who reported committing incest also said they
assaulted victims outside the family;
9. studies of victims have found that less than 16% of sex crimes are
reported to law enforcement;
10. young victims who know or are related to the perpetrator are least likely to
report the crime to authorities;
11. most offenders commit multiple crimes against multiple types of victims
with whom they have varying types of relationships (adults, children, male,
female, known and unknown);
12. sex offenders rarely commit a single type of offense;
13. sex offenders usually do not commit their crimes impulsively, they usually
carefully plan their crimes; and
WHEREAS, the City of Anna, Texas is a family-oriented community which highly
values its children and is a place that families with young children find highly
desirable; and
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WHEREAS, the City of Anna, Texas desires to ensure that the citizens of the
City of Anna are protected from criminal activity to the maximum extent afforded
by controlling law in order to advance the public health, safety and welfare, and
benefit the citizens of the City of Anne, Texas to the maximum extent possible;
and
WHEREAS, this Ordinance is enacted under the general home rule and police
powers of the City of Anna, Texas and is not a zoning matter or a land
development regulation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
Section 1. Recitals Incorporated
The foregoing recitals are incorporated herein as if set forth in full and constitute
findings of the City Council.
Section 2. Definitions
For the purposes of this Ordinance, the following terms, words and the
derivations thereof shall have the meanings given herein.
"Minor" means a person younger than 17 years of age.
"Permanent Residence" means a place where a person abides, lodges, or
resides for 14 or more consecutive days.
'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.
Section 3. Offenses
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 16 years of age, it is unlawful for that person to establish a
Permanent Residence or Temporary Residence within 1,000 feet of any
premises where children commonly gather, which, for purposes of this
Ordinance, shall be a public park; private or public school; public or HOA pool; or
day care center, as such terms are defined in the Comprehensive Zoning
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Ordinance of the City of Anna. For the purposes of this Ordinance, planted street
medians are not public parks.
Section 4. Evidentiary Matters
It shall be prima facie evidence that this Section applies to such a person if that
person's record appears on the Database and the Database indicates that the
victim was less than 16 years of age.
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.
A map depicting the prohibited areas shall be maintained by the City of Anna.
The City shall review the map at least annually for changes. Said map will be
available to the public at the Anna Police Department. Failure to keep, maintain
or update the map shall in no way affect the enforceability of any part of this
Ordinance. Any inaccuracies shown on the map in no way affect the
enforceability of any part of this Ordinance. It is solely the responsibility of a
person governed by this Ordinance to determine whether a Temporary
Residence or Permanent Residence is in compliance with the measured distance
requirements set forth herein.
Section S. Culpable mental state not required
Neither allegation nor evidence of a culpable mental state is required for the
proof of an offense defined by this Ordinance.
Section 6. Affirmative defenses
It is an affirmative defense to prosecution that any of the following conditions
apply:
(1) 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, prior to the date of the
adoption of this Ordinance;
(2) 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;
(3) the person required to register on the Database is a Minor;
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(4) the premises where children commonly gather, as specified herein, within
1,000 feet 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; or
(5) the information on the Database is incorrect, and, if corrected, this Section
would not apply to the person who was erroneously listed on the
Database.
Section 7. Penalti
A person commits an offense if the person violates any part of this Ordinance.
An offense of this Ordinance is a Class C misdemeanor. Any penton convicted
of violating this Ordinance shall be fined in an amount not to exceed $2,000 for
each incident of violation. Each day of the continuance of such violation shall be
considered a separate offense and shall be punished separately. The penal
provisions imposed under this Ordinance shall not preclude the City from filing
suit to enjoin the violation. The City retains all legal rights and remedies available
to it pursuant to local, state and federal law.
Section 8. Repeal Provision
All parts of any other ordinance in conflict with the provisions of this Ordinance
are to the extent of such conflict hereby repealed.
Section 9. Severance
If any part of this Ordinance is for any reason found by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, all other parts nevertheless
shall remain valid, legal, and enforceable.
Section 10. Effective Date
This Ordinance shall be effective upon the posting and/or publication of its
caption as required by law and the City Secretary is hereby directed to implement
such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, by the following votes on
this the 13th day of June, 2006.
AYE 7
NAY 0
ABSTAIN 0
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ATTEST: APPROVED:
City, ecretary, Natha Wilkison Mayor Kenneth Pelham
rEX N`
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