ORD 924 04/13/2010 0 C1
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"City of Choice"
ORDINANCE NO. 9 2 4
AN ORDINANCE OF THE CITY OF CIBOLO,TEXAS,AMENDING CHAPTER 50 OF THE
CODE OF ORDINANCES TO PROVIDE FOR A NEW ARTICLE V: SEX OFFENDERS
MAKING IT UNLAWFUL FOR CERTAIN SEXUAL OFFENDERS TO RESIDE WITHIN 2000
FEET OF PLACES WHERE CHILDREN GATHER; PROVIDING EXCEPTIONS TO THE
ORDINANCE; PROHIBITING PROPERTY OWNERS FROM RENTING REAL PROPERTY
TO CERTAIN SEXUAL OFFENDERS; AND PROVIDING PENALTIES FOR VIOLATIONS OF
THE ORDINANCE.
WHEREAS,Article 42.12(13B)of the Texas Code of Criminal Procedure provides a 1000-foot safety
zone for children as a condition of probation for those convicted of certain sexual offenses; and
WHEREAS,the City Council wishes to establish a 2000-foot residential safety zone; and
WHEREAS,the City has a compelling interest in protecting the safety of children by reducing
opportunities for sexual predators to come in contact with children; and
WHEREAS,the City Council wishes to adopt Article V, Chapter 50,Code of Ordinances,to create
residency and loitering restrictions regarding certain sexual offenders and to prohibit certain sexual
offenders from entering public parks;
NOW THEREFORE;BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
Section 1.That Chapter 50 of the Code of Ordinances is amended by adding a new Article V to read as
follows:
ARTICLE V
SEXUAL OFFENDERS
Sec.50-50.Findings.
(a) Sexual offenders who prey on children are a threat to public safety.This Article serves the City's
compelling interest to protect children against sexual predators by prohibiting:
(1)Certain sexual offenders from having a residence in areas around locations where children regularly
congregate;and
(2) Certain sexual offenders from loitering within 300 feet of locations where children regularly
congregate;and
(3) Certain sex offenders from entering public parks.
Sec.50-51.Definitions.In this article:
Child Area means any lot or tract of land that is used as a:
(a) School,playground,youth center, or video arcade facility, as defined by Section 481.134,Texas
Health and Safety Code;
(b)Public park; or
(c)Private recreational facility,including a park,pool,playground, skate park, or youth athletic field:
(1) owned by a residential property owners association; or
(2) for which an entrance,admission,or rental fee is charged.
Loitering means remaining within 300 feet of any Child Area or Public Park under circumstances that
would warrant a reasonable person to believe that the purpose or effect of that behavior is to facilitate or
to conceal illegal activities.
Public Park means any land designated for public recreation or any athletic field that is owned,leased, or
maintained by the City.
Residence means the place within the City:
(a)that a person registers or verifies under Article 62.152,Texas Code of Criminal Procedure, as the
persons residence;or
(b) where a person resides for more than seven consecutive days.
Sec.50-52. Sexual Offenders Residence Prohibition
(a)It is unlawful for any person who is required by law to register with the Texas Department of Public
Safety sexual offender database because of a violation of law involving a victim or an intended victim
who was 17 years of age or younger,to have a residence within 2000 feet of any Child Area.
(b)For the purposes of subsection(a),measurement is made in a straight line,without regard to
intervening structures or objects,from the nearest portion of the Residence to the nearest property line of
the Child Area.The police department will maintain a map showing the Child Areas on file at the Police
Department.
(c)It is a defense to prosecution under this section that a person who has a Residence within 2000 feet of
a Child Area:
(1)Is under 18 years of age and:
(A)has the Residence with the persons parent or guardian; or
(B)has not been convicted of an offense after the effective date of this ordinance that:
(i)requires the person to register under Article 62.001(5),Texas Code of
Criminal Procedure; and
(ii)Involves a victim or intended victim who was 17 years of age or younger;
(2)Established the Residence and complied with all the sexual offender registration laws of the
State of Texas prior to the effective date of this ordinance, and has not been convicted of an
offense after the effective date of this ordinance that:
(A)requires the person to register under Article 62.001(5),Texas Code of Criminal
Procedure; and
(B)involves a victim or intended victim who was 17 years of age or younger; or
(3)Established the Residence and complied with all sexual offender registration laws of the State
of Texas prior to the date a new Child Area is established,and has not been convicted of an
offense after the effective date of this ordinance,or the date the new child area is established,
that:
(A)requires the person to register under Article 62.001(5),Texas Code of Criminal
Procedure; and
(B)involves a victim or intended victim who was 17 years of age or younger.
(d)For purposes of Subsection(c),a person is considered to have established a residence at the
correctional facility, as that term is defined under Section 1.07(14),Texas Penal Code,in which the
person is confined for a conviction of any criminal offense and for more than seven consecutive days after
the effective date of this ordinance.
(e)It is not a defense to prosecution under this section that a person,who is required to register as a sex
offender under the Texas Code of Criminal Procedure,was allowed by mistake or error of the City to
register or verify a Residence that is within 2000 feet of any Child Area.
Sec.50-53.Property Owners Prohibited from Renting to Sexual Offenders.
(a)It is unlawful for a property owner to rent a residential property located within 2000 feet of a Child
Area to a person prohibited under this Article from having a Residence within 2000 feet of any Child
Area.
(b)It is an affirmative defense to prosecution under this section that the property owner conducted a
criminal history check with the Texas Department of Public Safety and reviewed the sexual predator
registration database that is maintained by the Texas Department of Public Safety and that at the time the
property owner conducted the criminal history check and reviewed the sexual predator database,the
sexual offenders criminal history did not include a record of a sexual offense or the offenders name did
not appear in the database.
(c)For the purposes of subsection-(a),measurement is made in a straight line,without regard to
intervening structures or objects,from the nearest portion of the Residence to the nearest property line of
the Child Area.The police department will maintain a map showing the Child Areas on file at the Police
Department.
Sec.50-54.Sexual Offenders Prohibited from Entering Public Parks.
(a) It is unlawful for any person to enter a park if the person is required by law to register with the
Department of Public Safety sexual offender database because of a violation of law involving a victim or
an intended victim who was 17 years of age or younger.
Sec.50-55.Loitering
(a)It is unlawful for any person to loiter on a public way within 300 feet any child area if the person is
required by law to register with the Department of Public Safety sexual offender database because of a
violation of law involving a victim or an intended victim who was 17 years of age or younger.
(b)For the purposes of subsection(a),measurement is made in a straight line,without regard to
intervening structures or objects,from the location of the person to the nearest property line of the Child
Area.The police department will maintain a map showing the Child Areas on file at the Police
Department.
Section 2.That the provisions of this ordinance are severable and the invalidity of any part of this
ordinance will not affect the validity of the remainder of the ordinance.
Section 3.That any person found guilty of violating this ordinance will be fined not more than$500.00
for each offense.For purposes of Section 50-52 each day of said violation shall constitutes a separate
offense. Notice of the enactment of this ordinance will be given by publishing the ordinance or its
descriptive caption and penalty in the City's official newspaper one time within 30 days of passage.
PASSED AND APPROVED THIS 13TH DAY OF APRIL 2010.
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Jennifer-aartman,Mayor
ATTEST:
Peggy Cimics,City Secretary "
Reviewed for Legal Compliance: