HomeMy WebLinkAboutOrd 284-2006 Sex Offender Loitering.pdfClTY OF ANNA, TEXAS
ORDINANCE NO. 284-2006-
AN ORDINANCE OF THE ClTY OF ANNA, TEXAS REPEALING ORDINANCE 276-
2006 AND REPLACING IT WITH A SIMILAR ORDINANCE 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 SEVERABILIBY; PROVIDING FOR A
PENALTY OF $2,000; PROVlDlNG 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;
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;
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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 " . . . 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 "[allthough 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 "[tlhere 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 "[clhild 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 "[rlecent 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
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;
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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
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
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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 I. 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 Pool" have the respective meanings assigned to
them in Tex. Health & Safety Code §481 .I 34.
"Prohibited Arean 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.
"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 3. Offenses
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For each person required to register on the Texas Department of Public Safety's Sex
Offender Database (the "Databasen) because of a violation involving a victim who was a
Minor at the time of the sexual offense, it is unlawful for that person to be Loitering
within 1,000 feet of a Prohibited Area within the City of Anna's corporate limits or
extraterritorial jurisdiction.
Section 4. Evidentiarv 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 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 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.
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
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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 andlor publication of its caption as
required by law and the City Secretary is hereby directed to implement such posting
andlor publication.
PASSED by the City Council of the City of Anna, Texas, by the following votes on this
the-22nd- day of August-, 2006.
AYE -6-
NAY -0-
ABSTAIN 0
ATTEST:
Mayor Pro Tem, David Crim
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