Ordinance 2007-13
ORDINANCE NO. 2007-13
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
CHAPTER 74 OF THE WYLIE CODE OF ORDINANCES TO ADD A
NEW ARTICLE FOR THE PURPOSE OF ESTABLISHING THE
REGULATION OF SEX OFFENDER RESIDENCY BY MAKING IT
UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN
ONE THOUSAND (1,000) FEET OF PREMISES WHERE CHILDREN
GATHER; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT
REQUIRED FOR COMMITTING AN OFFENSE UNDER THIS
ORDINANCE; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING FOR AFFIRMATIVE DEFENSES;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has
determined and declares that sex offenders are a serious threat to public safety; and
WHEREAS, the City Council determines that the recidivism rate for released sex
offenders is alarmingly high, especially for those who commit their crimes against children; and,
WHEREAS, the City Council determines that establishing a policy to restrict the
property available for residence of sex offenders and deterring children from visiting the
residence of a sex offender for Halloween will provide better protection for children gathering in
the City of Wylie ("City"); and
WHEREAS, Article 42.12 (13B) of the Texas Code of Criminal Procedure allows a
1,000 foot safety zone for children, as a condition of probation for those convicted of certain
sexual offenses.; and
WHEREAS, the City Council has investigated and determined that it would be in the
best interest of the citizens of Wylie to establish the regulations set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
Section 1: Findines Incorporated. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
Section 2: Chapter 74 of the Wylie Code of Ordinances Amended. Chapter 74 of
the Code of Ordinances of Wylie is hereby amended to add the following as a new Article:
I. Establishment of the Reeulation of Sex Offender Residencv.
Ordinance No. 2007-13
Ordinance Regulating Sex Offenders Page 1
A. Definitions. For the purposes of this Chapter, the following terms, words, and the
derivations thereof shall have the meanings given below.
(1) Minor. A minor is a person younger that seventeen (17) years of age.
(2) Permanent Residence. A place where a person abides, lodges, or resides
for fourteen (14) or more consecutive days.
(3) Temporary Residence. A place where a person abides, lodges, or resides for a
period of fourteen (l4) 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.
B. Offenses.
(1) 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 less than sixteen (16) years of age, it is unlawful for that person to
establish a permanent residence or temporary residence within one thousand
(1,000) feet of any premise where children commonly gather, which for the
purposes of this Chapter shall be a public or private park, public or private
school, child care center, public or private playground, public or private youth
center, public or private recreation center, public swimming pool, home owners
association swimming pools and Apartment swimming pools where multiple
families have access, commercial amusement center primarily designed or
marketed for minors or public stadium or playfield, as such terms are defined in
the City's Comprehensive Zoning Ordinance, as it exists or may be amended. If
any term used herein is not defmed in the City's Comprehensive Zoning
Ordinance, the term(s) shall have the meaning as set forth in Section 481.134,
Texas Health and Safety Code, as it exists or may be amended. For the purposes
of this Chapter, planted street medians are not public parks.
(2) A sexual offender described in Section 2(B)(1) above, shall not, on each October
30th and 315t between the hours of 4:00 p.m. and II :00 p.m., leave an exterior
porch light on or otherwise invite trick-or-treaters to solicit the premises.
C. Evidentiary matters: measurements.
(1) It shall be prima facie evidence that this Chapter applies to such a person if that
person's record appears on the Database and the database indicates that they
victim was less than sixteen (16) years of age.
(2) For the purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the outer
Ordinance No. 2007-13
Ordinance Regulating Sex Offenders Page 2
property line of the permanent or temporary residence to the nearest property line
of the premises where child commonly gather, as described herein above, or, in
the case multiple residences on one property, measuring from the nearest property
line of the premises to the nearest property line of the premises where children
commonly gather, as described herein.
(3) A map depicting the prohibited areas shall be maintained by the City. The City
shall review the map at least annually for changes. Said map will be available to
the public at the Wylie Police Department.
D. Culpable mental state not reauired. Neither allegation nor evidence of a culpable
mental state is required for the proof of an offense as defined by this Chapter.
E. 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 established the permanent or
temporary residence and has complied with all of the sex offender registration
laws of the State of Texas, as they exist or may be amended, prior to the date of
the adoption of this Chapter; provided, however, such person shall be required to
continuously maintain compliance with all of the sex offender registration laws of
the State of Texas, as they exist or may be amended, after the adoption of this
Chapter.
(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 one
thousand (1,000) feet of the permanent or temporary residence of the person
required to register on the Database was opened after the person established the
permanent or temporary residence and complied with all sex offender
registrations laws of the State of Texas, as they exist or may be amended. Such
person shall be required to continuously maintain compliance with all of the sex
offender registration laws of the State of Texas, as they exist or may be amended.
(5) The information on the Database is incorrect, and, if corrected, this Chapter
would not apply to the person who was erroneously listed on the Database.
Section 3. Penalty Provision. Any person, firm, corporation or entity violating this,
as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be subject to a fine not to exceed the sum of FNE HUNDRED DOLLARS
($500.00). Each continuing day's violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude the City from
Ordinance No. 2007-13
Ordinance Regulating Sex Offenders Page 3
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 4. Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, sentence, clause or phrase thereof regardless of the fact that anyone or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Section 5: Savim~s/Repealine: Clause: All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
Section 6. Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas
this 24th day of April, 2007.
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Approved as to Form:
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City Attome s
Abernathy, Roeder, Boyd & Joplin P.C.
Date of publication in The Wv/ie News - May 2, 2007
Ordinance No. 2007-13
Ordinance Regulating Sex Offenders Page 4
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STATE OF TEXAS
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COUNTY OF COLLIN (1~~ ~
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie
Ordinance No. 2007-13
was published in said newspaper on the following dates, to-wit: May 16, 2007
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the ~ day of , 2007
to certify which witness my hand and seal of office.
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=:~~F E'~~~'' My ~ommisstate of Texas Notary blic in and for
'~",°„~p~`° S@pteRtber °n Expires
22, 20~o Tne State of Texas
My commission expires Z Z~°~ ~ j 0
RECEI~/~~~
MAY 3 1 2007
FI~~~~~
Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Fam~ersville, TX 75442 • 972-784-6397 • fax 972-782-7023
~~I?tN.+l1~+NCE ~
NO. 20f~7~13
AN ORDINAN~E OF `~'F~
CITY OF W
Y'
LIE; TEXAS;
AMENDING CHAP7'ER "74
~OF THE WYL,IE COD~ OF
ORDTi~TANC~S TO ADD A
NEW ;ARTICLE FOR THE
PUR~'p3E QF BST.4BLISH-
~NG THE 12EGULATION
OF SEX OF!
ENDER RESI-
DENCY BY MAKING iT .
~.A.W'~LTL FOR CER-
TAIN SEX OFFENDERS
TO RESIDE WITHIN ONE
THOUSAND (1,000) FEET
OF PREMISES WI~ERE ~
CHII.DREN ' GATHER;
PROVIDING TNAT p ~UI~
PABLE MENTAL. $'FAT~ IS .
N01" REQUIRED FOR
COMMITTING AN
OFFENSE ITNDER TNIS
ORDINANCE; pROVIDING
FOR A PENALTY FOR THE
VIOLATION OF THIS
ORDINANCE; pROVIDING
~R AFFIRMATIVE
DEFENSES; ~ROVIDING
FOR REPLAI;ING, SAV-
INNGS A~ SEVERABII,I-
TY G'~USES; .PROVID-.
ING FOR "Y"HE PUBLICA-
'~'iON ; 9~ ..~'HE "CAPITON
H~REf}~; .AND PItOVID_
ING FOR ~.4N E~L~i'~
DATE OF THiS ORDI-
NANCE.
John Mondy, Mayor
ATfEST:
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