Ord 23-2006 4/4/2006 � '
ORDINANCE NO. a3-a
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, ESTABLISHING CHAPTER 78, ARTICLE V OF THE
CODE OF ORDINANCES TO PROVIDE A SAFETY ZONE
SURROUNDING SCHOOLS, CHILDCARE FACILITIES, YOUTH
CENTERS, AND PARKS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council of the City of Wichita Falls is deeply concerned
about the recent occurrences across this country where convicted sex offenders who
have been released from custody repeat the unlawful acts for which they had originally
been convicted; and,
WHEREAS, the City Council of the City of Wichita Falls finds from the available
evidence that the recidivism rate for released sex offenders is alarmingly high,
especially for those who commit their crimes on children; and,
WHEREAS, the City Council desires to establish a policy providing for the
maximum protection of the mental and physical health and lives of persons in the City
of Wichita Falls; and,
WHEREAS, the City has the authority, pursuant to Article 11, Section 5 of the
Texas Constitution SeCtlOtl 54.004 Of the TEXAS LOCAL GOVERNMENT CODE and Section
7 of the City Charter, to adopt such provisions in order to protect the health, safety, and
welfare of its residents; and,
WHEREAS, the United States 8 Circuit Court of Appeals recently issued an
opinion in the case of Doe v. Miller, 405 F. 3d 700 (8 Cir. 2005), in which the Court
upheld similar residency restrictions contained in the State of lowa Statutes, and found
the restrictions to be constitutional; and,
WHEREAS, the City Council finds that the creation of a safety zone to prohibit
sex offenders convicted of crimes under certain Texas Statutes from living within one
thousand feet of specified locations in the City of Wichita Falls is in the best interest of
the health, safety, and welfare of the residents and citizens of the City of Wichita Falls.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
SECTION 2. Chapter 78, Article V of the Code of Ordinances is hereby enacted
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 park
containing playground equipment, 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 park.
(c) A person residing within 1,000 feet of a school, childcare facility, youth
center, or 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. "Park containing playground equipment" means any outdoor facility
located on public property that is intended for recreation, is open to the public, and
contains apparatus intended for the recreation of children, such as slides or swing sets.
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 3. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
SECTION 4. If any clause, section, or other part or application of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid part or application shall be considered as eliminated
and so not affecting the remaining portions or applications remaining in full force and
effect.
SECTION 5. 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 4 day of April, 2006.
<�
MAYOR
ATTEST:
C<--�---'
ity Clerk
Affidavit of Publication
oROiNANCE No. - THE STATE OF TEXAS #148184
ORDINANCE�OF THE COUNTY OF WICHITA
CITY COUNtiL OF
THE CITY OF WICHI-
TA FALLS, TEXAS.
ESTABLISH I NG th
CHAPTER 78, ARTI- OII t�11S 24 day of Apri12006 A D...
CLE V OF THE CODE
PROVRDE A SAFET�Y personally appeared before me, the undersigned authority
ZONE SURRdUNDING Kathy Salan, Sales Assistant for the Times Publishing
SCHOOLS, CHILD-
C A R E FAC I L I T I E S , Company of Wichita Falls, publishers of the Wichita Falls
YOUTH CENTERS,
A N D P A R K S ; P R o- Times/Record News, a newspaper published at Wichita Falls in
VIDING FOR CON-
FLICTS; PROVIDING Wichita County, Texas, and upon being duly sworn by me, on
FOR SEVERABILITY
oath states that the attached advertisement is a true and
correct copy of advertising published in One (1) issues hereof
on the following date:
Apri123, 2006
. /^ �
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Sales Assistant for Times Publishing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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