Ord 41-2006 6/6/2006 , . .
ORDINANCE NO. � oo���
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING CHAPTER 78, ARTICLE V OF THE CODE
OF ORDINANCES TO FURTHER EXPAND THE SAFETY ZONE AREA
TO INCLUDE ALL CITY PARKS; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE , WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, on April 4, 2006, the City Council passed Ordinance No. 23-2006,
which prohibits those persons required to register as sex offenders from living within
1,000 feet of specified locations within the City of Wichita Falls; and,
WHEREAS, it is the Council's desire to amend this ordinance to expand the
safety zone areas to include all City parks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Chapter 78, Article V of the Code of Ordinances is hereby amended
to read as follows:
"Article V. Public Safety Zone.
Sec. 78-150. Certain Persons Prohibited From Residing Near Schools.
(a) This section applies only to a person who is:
(1) required to register as a sex offender under Chapter 62, Co�E oF
CRIMINAL PROCEDURE because of a reportable conviction or
adjudication involving a victim younger than 17 years of age; or
(2) civilly committed as a sexually violent predator under Chapter 841,
HEALTH AND SAFETY CODE and subject to outpatient treatment and
supervision under that Chapter.
(b) A person to whom this section applies may not negligently reside within
1,000 feet of a school, childcare facility, public or private youth center, or City park, as
measured in a straight line from the nearest property line of the residence to the
nearest property line of the school, childcare facility, youth center, or City park.
(c) A person residing within 1,000 feet of a school, childcare facility, youth
center, or City park, does not commit a violation of this section if any of the following
apply:
(1) the person established the residence prior to April 4, 2006.
(2) the person is under the age of 18 years.
(3) the person is residing at the residence at the time the school,
childcare facility, youth center, or park is established or extended to
within 1,000 feet of the residence.
(d) A person to whom this section applies commits a Class C misdemeanor
punishable by a fine of not more than $2,000.00, if a person violates this section. Each
day a violation exists shall constitute a separate offense.
Sec. 78-151. Definitions.
In this article,
1. "Childcare Facility" means a facility which provides care, training,
education, custody or supervision for at least seven (7) children who are not related by
blood, marriage, or adoption to the owner or operator of the facility, for part of the 24
hour day, at least three (3) days per week, whether or not the facility is operated for
profit or charges for the services it offers.
2. "City Park" means any outdoor facility located on public property that is
intended for recreation and is open to the public.
3. "Public or Private Youth Center" means any recreational facility or
gymnasium that:
a. is intended primarily for use by persons who are 17 years of age or
younger, and
b. regularly provides athletic, civic, or cultural activities.
4. "Reside" means to live, dwell, abide, stay, or lodge for a period of more
than one day.
5. "School" means a private, public, or charter elementary or secondary
school."
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 6 day of June, 2006.
MAYOR
ATTEST:
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�ty Clerk
Affidavit of Publication
ORDINANCE NO.
41-2006
ORDINANCE OF THE THE STATE OF TEXAS #155448
CITY COUNCIL OF Tr
THE CITY OF WICHI• COVIVTY OF WICHITA
TA FALLS. TEXAS,
AMENDING CHAP-
TER 78, ARTICLE V
' OF THE COUE OF OR-
I T�H E R X PA N D F H E On this 20` day of June 2006 A D ...
T O E N C L U D E A A L L personally appeared before me, the undersigned authority
CIT ORDINANCE NO. K`dt�ly S`dl'dI1� S:iles Assistant for the Times Publishing
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DIX 8, ZONING, OF
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