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HomeMy WebLinkAboutOrd 276-2006 Unlawful for Certain Sex Offenders to Loiter within 1,000 ft Repealed Ord 284-2006.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 276-2006 AN ORDINANCE OF THE CITY OF ANNA, TEXAS MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO LOITER 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 $2,000; 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 (138) 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; Ord. No. 278-2006 Sex Offender 1,000' 1 W27-06 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 lt; 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" ... child 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 Meir current approaches to sex offender management;" and WHEREAS, one expert author has written that "[t]here 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 "chill 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 "recent 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 Ord. No. 276-2008 Sex Offender 1,000' 2 08-27-08 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 wham 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 Ord. No. 276-2006 Sex Offender 1,000' 3 M27-08 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 Anna, Texas to the maximum extent possible; and WHEREAS, this Ordinance is enacted under the general tome 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. "Loitering" means—whether on foot, on bicycle, or in a vehicle—wandering or remaining idle in essentially one location, including sitting, lounging, loafing, walking about aimlessly, or repeatedly frequenting the same location, or repeatedly circling or driving by on a bicycle or in a motor vehicle. "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. "Playground," "School," "Day Care Facility," "Video Arcade Facility," "Public or Private Youth Center," and "Public Swimming Poor have the respective meanings assigned to them in Tex. Health & Safety Code §481.134. "Prohibited Area" means the area within 1,000 feet in any direction from real property limits upon which minors normally gather including any Playground, School, Day Care Facility, Video Arcade Facility, Public or Private Youth Center, Public Swimming Pool, Home -Owner Association -Managed Swimming Pool, Public Youth Sports Facility, or School Bus Stop located within the City of Anna's corporate limits or extraterritorial jurisdiction. Ord. No. 2762006 Sex Offender 1,000' 4 0627-06 "School Bus Stop" means any area designated by the Anna Independent School District as a school bus stop where children regularly gather for the purpose of boarding and debarking from a school bus. Section 8.ORensea 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 a Minor at the time of the sexual offense. Section 4. Evidentiary Matters It shall be prima facie evidence that this Ordinance applies to a person if that person's record appears on the Database and the Database indicates that the victim was a Minor at the time of the sexual offense. 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 he or she is within a Prohibited Area. Section 5 Culpable mental state not repulred 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 information on the Database is incorrect, and, if corrected, this Section would not apply to the person who was erroneously listed on the Database. It is not an affirmative defense to prosecution for a violation of this Ordinance that the actor was unaware that the prohibited conduct occurred within a Prohibited Area, nor shall it be a defense to prosecution under this Ordinance that no Minor(s) were present within any Prohibited Area at the time of the offense. Ord. No. 276-2006 sex oeenaer 1,000' 5 06-27-06 Section 7. Penalties 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 person 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. Reveal 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 27th day of June, 2006. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Cy.OF•q!y C' Secretary, Natha Wikison=_ktayor, Kenneth I a - Ord. No. 276-2008 Sex Offender 1,000' }ynxuin^ 0&27-06