2011-168c:\documents and settingslsefletchuocal settings\temporary internet fileslcontent.outlook�nqxcqOkjlsex offenderamended2.doc
ORDINANCE NO. 2011-16 g
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 21 OF
THE CODE OF ORDINANCES BY ADDING ARTICLE IV, SECTIONS 21-60 THROUGH
21-65, MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN
1,500 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING THAT A
CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE
UNDER THIS ARTICLE OF THE CITY OF DENTON CODE OF ORDINANCES;
PROVIDING FOR AFFIRMATNE DEFENSES; PROVIDING A REPEALING CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS
($500.00); AND PROVIDING FOR AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 21 of the City of Denton Code of Ordinances titled "Offenses" be,
and the same is, hereby amended by adding Article IV, Regulations of Sex Offenders'
Residency, which shall read as follows:
ARTICLE IV. REGULATION OF SEX OFFENDERS' RESIDENCY
Sec.21-60. Definitions.
For the purposes of this Section, the following terms, words, phrases and the
derivations thereof shall have the meanings given herein:
Daycare center. A facility providing care, training, education, custody, treatment, or
supervision for 13 or more children for less than 24 hours a day.
Minor shall mean a person younger than seventeen (17) years of age.
Permanent Residence shall mean a place where a person abides, lodges, or resides
for fourteen (14) or more consecutive days.
Premise where children commonly gather shall mean a public park, private or public
school, day care center, any public or non-profit recreational facility, or video arcade
facility. For the purposes of this Ordinance, planted street medians are not public parks.
Temporary Residence shall mean a place where a person abides, lodges, or resides for a
period of fourteen (14) or more days in the aggregate during any calendar year and which
is not the person's permanent address, or a place where a person routinely abides, resides,
or lodges for a period of four (4) or more consecutive or nonconsecutive days in any
month and which is not the person's permanent residence.
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Sec. 21-61. Offenses.
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 as defined herein, it is unlawful for that person to establish a permanent residence
or temporary residence within 1,500 feet of any "premise where children commonly
gather."
Sec. 21-62. Evidentiary matters; measurements.
A. It shall be prima facie evidence that this Section applies to such a person if that
person's record appears on the Database and the Database indicates that the
victim was a minor as defined herein.
B. For the purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the outer property
line of the permanent or temporary residence to the nearest property line of the
premises where children commonly gather, as described hereinabove.
C. A map depicting the prohibited areas shall be maintained by the City of Denton.
The City shall review the map at least annually for changes. Said map will be
available to the public at the City of Denton Police Department.
Sec. 21-63. Culpable mental estate not required.
Neither allegation nor evidence of a culpable mental state is required for the proof of an
offense defined by this Chapter.
Sec.21-64. Affirmative defenses.
It is an affirmative defense to prosecution that any of the following conditions apply:
(1) The person required to register on the Database has previously established the
permanent or temporary residence and has complied with all the sex offender
registration laws of the State of Texas, prior to the date of the adoption of this
Ordinance.
(2) The person required to register on the Database was a minor when he or she
committed the offense requiring such registration, and was not convicted as an
adult.
(3) The person required to register on the Database is a minor.
(4) The premises where children commonly gather, as specified herein, within 1,500
feet of the permanent or temporary residence of the person required to register on
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the Database was opened after the person established the permanent or temporary
residence and complied with all sex offender registration laws of the State of
Texas.
(5) 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.
Sec.21-65. Penalty.
An offense under this Article shall be deemed to be a misdemeanor and, upon conviction,
is punishable by a fine not to exceed Five Hundred Dollars ($500.00) for each offense.
After thirty days has passed from the issuance of the first citation for a violation of this
ordinance, then each day this ordinance is violated shall constitute a new and separate
offense.
SECTION 2. All ordinances of the City of Denton in conflict with the provisions of this
ordinance shall be, and the same are, hereby repealed; provided, however, that all other
provisions of said ordinances not in conflict herewith shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held
to be void or unconstitutional, the same shall not affect the validity of the remaining portions of
said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force
and effect.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by prior law and provisions of the Code of Ordnances, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 5. Any person violating any of the provisions or terms of this ordinance or of
the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for
in the Code of Ordinances of the City of Denton, as previously amended, and upon conviction
shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500) for each
offense.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �0 ��L day of �%�Z Q�%� , 2011.
n. ,'
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� RK . BURROUGH�, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: G'�/
.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CTTY ATTORNEY
,
,
BY: �.
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