Ordinance 2014-17ORDINANCE NO. 2014-17
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
WYLIE'S CODE OF ORDINANCES NO. 2005 -07, CHAPTER 74
(OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE VIII
(REGULATION OF SEX OFFENDER RESIDENCY); PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ( "Cily Council ") has
investigated into and determined that the City of Wylie, Texas' ( "CjV") Code of Ordinances No.
2005 -07, as amended ( "Code of Ordinances "), Chapter 74 (Offenses and Miscellaneous
Provisions), Article VIII (Regulation of Sex Offender Residency) should be amended; and
WHEREAS, the City Council previously investigated into and determined, and hereby
affirms, that child predator offenders are a serious threat to public safety; and
WHEREAS, the City Council previously found, and hereby affirms, that a high
concentration of children gather at, among other areas, schools, public parks and day care
centers; and
WHEREAS, the City Council previously investigated into and determined, and hereby
affirms, that it will be advantageous, beneficial and in the best interest of the citizens of the City
to restrict certain offenders from residing in areas that are located at and/or near where there is a
high concentration of children; that minimizing immediate access and proximity to children who
are at and going to and from schools, parks and day care centers will provide better protection for
children in the City and that this residency restriction will foster the public safety of the citizens
of the City; and
WHEREAS, the City Council finds that it will be advantageous and beneficial and in the
best interest of the citizens of the City to amend its Code of Ordinances as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Chapter 74 _(Offenses and Miscellaneous Provisions),
Article VIII (Regulation of Sex Offender Residency) of the Code of Ordinances. Chapter 74
(Offenses and Miscellaneous Provisions), Article VIII (Regulation of Sex Offender Residency)
of the Code of Ordinances, is hereby amended as set forth below:
Ordinance No. 2014 -17 Regulation of Sex Offenders Residency Page I of 7
"CHAPTER 74
OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE VIII. REGULATION OF SEX OFFENDER RESIDENCY
Sec. 74 -151. Definitions.
For the purposes of this article, the following terms, words and the
derivations thereof shall have the meanings given below.
Athletic field shall mean a field or combination of fields owned or leased
by the city to facilitate games and/or practice activities.
City shall mean the City of Wylie, Texas.
Day care shall mean 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 under the age of 17.
Park shall mean a parcel of land, playground, swimming pool, indoor
facility, outdoor facility, recreation center, field, athletic field, hike and bike trails,
greenbelt areas and any other area in the city owned, leased and/or used by the
city, and devoted to active or passive recreation, including any related facilities,
parking lots and/or amenities.
Permanent residence shall mean a place where a person abides, lodges or
resides for 14 or more consecutive days.
Playground shall have the same meaning assigned by §481.134, TEX.
HEALTH & SAFETY CODE, as amended.
Premises where children commonly gather shall mean all improved and
unimproved areas on a lot where a public park (excluding planted street medians),
private or public school (excluding in -home schools), day care center, video
arcade facility, youth center or 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
is located or reasonably anticipated to be located.
School shall have the same meaning assigned by §481.134, TEX. HEALTH
& SAFETY CODE, as amended.
Ordinance No. 2014 -17 Regulation of Sex Offenders Residency Page 2 of 7
Sex Offender shall mean a person who is required to register on the Texas
Department of Public Safety's Sex Offender Database ( "database ") because of a
conviction(s) involving a minor under one or more of the following:
(1) The following sections of the Texas Penal Code, as amended:
a. §20.02 (Unlawful Restraint);
b. §20.03 (Kidnapping);
C. §20.04 (Aggravated Kidnapping);
d. §21.08 (Indecent Exposure);
e. §21.11 (Indecency With a Child);
f. §22.011 (Sexual Assault);
g. §22.021 (Aggravated Sexual Assault);
h. §25.02 (Prohibited Sexual Conduct);
i. §30.02(d) (Burglary of a Habitation);
j. §33.021 (Online Solicitation of a Minor);
k. §43.05 (Compelling Prostitution);
1. §43.25 (Sexual Performance by Child);
M. §43.26 (Possession or Promotion of Child Pornography); or
(2) Laws of another state, federal law, laws of a foreign country or
Uniform Code of Military Justice and the offense(s) for which the
person is convicted contains elements that are substantially similar
to any of the offenses listed under (1) above.
Temporary residence shall mean a place where a person abides, lodges or
resides for a period of 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 4 or more consecutive or
nonconsecutive days in any month and which is not the person's permanent
residence.
Video arcade facility shall have the same meaning assigned by §481.134,
TEX. HEALTH & SAFETY CODE, as amended.
Ordinance No. 2014 -17 -- Regulation of Sex Offenders Residency Page 3 of 7
Youth center shall have the same meaning assigned by §481.134, TEX.
HEALTH & SAFETY CODE, as amended.
Sec. 74-152. Offenses.
(a) It is unlawful for a person who meets the definition of a sex
offender to establish a permanent residence or temporary residence within 1,000
feet of any premises where children commonly gather.
(b) Culpable mental state is not required. Neither allegation nor
evidence of a culpable mental state is required for the proof of an offense defined
in this article.
Sec. 74 -153. Evidentiary matters; measurement.
(a) It shall be prima facie evidence that this section applies to a person
if that person's record appears on the database and the database indicates that the
victim was a minor.
(b) For the purpose of determining the minimum distance of
separation, the requirements 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, or, in the case of 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.
(c) A map depicting the prohibited areas shall be maintained by the
city. The city shall review the map annually for changes. Said map will be
available to the public at the Wylie Police Department.
Sec. 74 -154. Affirmative defenses.
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, prior to the
date of the adoption of this article.
(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.
Ordinance No. 2014 -17 Regulation of Sex Offenders Residency Page 4 of 7
(4) The premises where children commonly gather, as specified
herein, within 1,000 feet of the permanent or temporary residence
of the person required to register on the database, was designated,
declared and/or determined, within the sole discretion of the
property owner, 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.
(6) The person was at the time of the violation subject to community
services supervision pursuant to §42.12(13B), TEX. CODE OF CRIM.
PROC., and the court reduced or waived the 1,000 -foot restriction
for a child free zone under §42.12(13B)(a)(1)(B), as it applies to
the person's residence.
(7) It is not a defense to prosecution under this section that a person
was allowed by the city to register or verify a residence that is
within 1,000 feet of premises where children commonly gather.
Sec. 74 -155. Repealing; savings clause.
All provisions of any ordinance in conflict with this article are hereby
repealed, but such repeal shall not abate any pending prosecution of 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.
Sec. 74 -156. Severability.
Should any section, subsection, sentence, clause and/or phrase of this
article be declared unconstitutional and/or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this
article shall remain in full force and effect. The city hereby declares that it would
have passed this article, and each section, subsection, clause and/or phrase hereof
irrespective of the fact that any one or more sections, subsections, sentences,
clauses and/or phrases be declared unconstitutional and/or invalid.
Sec. 74 -157. Penalty provision.
Any person, firm, corporation or business entity, or agent or employees
thereof, who violate this article shall be guilty of a misdemeanor, and upon
conviction thereof, shall be fined an amount not to exceed $2,000.00 for each
offense. Each day that a violation under this article is permitted to exist and/or
Ordinance No. 2014 -17 — Regulation of Sex Offenders Residency Page 5 of 7
occurs shall constitute a separate offense. The penal provisions imposed under
this article shall not preclude the city from filing suit to enjoin the violation. The
city retains all legal rights and remedies available to it pursuant to local, state and
federal law.
Sec. 74 -158. Purpose and intent.
This article is adopted to provide regulations relating to child predator
offenders who have been determined to be a serious threat to public safety. To
this end, it has been determined that a high concentration of children gather at,
among other areas, schools, public parks and day care centers; therefore, it will be
advantageous, beneficial and in the best interest of the citizens of the city to
restrict certain offenders from residing in areas that are located at and/or near
where there is a high concentration of children; that minimizing immediate access
and proximity to children who are at and going to and from schools, parks and
day care centers will provide better protection for children in the city; and that this
residency restriction will foster the public safety of the citizens of the city."
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity, or
agent or employees thereof, who violate this Ordinance shall be guilty of a misdemeanor, and
upon conviction thereof, shall be fined an amount not to exceed $2,000.00 for each offense.
Each day that a violation under this Ordinance is permitted to exist and/or occurs shall constitute
a separate offense. The penal provisions imposed under this Ordinance shall not preclude City
from filing suit to enjoin the violation. City retains all legal rights and remedies available to it
pursuant to local, state and federal law.
SECTION 4: Reneaiina /Savings Clause. The Code of Ordinances shall remain in full
force and effect, save and except as amended by this or any other Ordinance. 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 5: Severability. Should any section, subsection, sentence, clause and/or
phrase of this Ordinance be declared unconstitutional and/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. City hereby declares that it would have passed this Ordinance,
and each section, subsection, clause and/or phrase hereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional and/or
invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law and the City Charter.
Ordinance No. 2014 -17 -- Regulation of Sex Offenders Residency Page 6 of 7
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 13th day of May, 2014.
ATTESTED TO BY AND
CORRECTLY RECO ED BY:
C ole Ehrlic , ity Secretary
Date of Publication: May 21, 2014 in The Wylie News
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Ordinance No. 2014 -17 Regulation of Sex Offenders Residency Page 7 of 7
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media
Die Jarmersbi(le Crimes - Murphy Monitor - The Princeton FIerald - 74(, Sachu. News - THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba 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. 2014 -17
was published in said newspaper on the following dates, to -wit:
May 21, 2014
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 9 day of , 2014
to certify which witness my hand and seal of office.
[ AO-A& Sonia A. Duggan
0 C"W"M Expires
09 -02 -2016
Notary Publi mad for
The State of exas
My commission expires
h1urph Sai hx;'W'ylic OI I -icc - I I0 N. Balkial - P.O. BoN 369 - WYliu. T X 75098 - 972-042 -551.5 - fax 972 - 442 -4318
Farmer.viIIcl'Princeton (A fiCC - 101 S. plain -PA). Box 512 - 1 mtnerm iIIe, TX 75442 - 972 -784 -0397 - tax 972 782-7023
May 21 - May 22, 2014
ORDINANCE
NO. 2014-17
AN ORDINANCE
OF THE CITY OF
WYLIE, TEXAS,
AMENDING WY
LIE'S CODE OF
ORDINANCES NO.
2005 -07, CHAPTER
74 (OFFENSES AND.
MISCELLANEOUS
PROVISIONS), AR-
TICLE VIII (REGU-
LATION OF SEX
OFFENDER RESI-
DENCY); PROVID-
ING FOR A PEN-
ALTY FOR THE
VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR
REPEALING, SAV-
INGS AND SEVER -
ABILITY CLAUS-
ES; PROVIDING
FOR AN EFFEC-
TIVE DATE OF
THIS ORDINANCE;
AND PROVIDING
FOR THE PUBLI-
CATION OF THE
CAPTION. HEM OF.
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