2017-018 - Amend Section 21-200 of the Code of Ordinances, relating to Residential Restrictions for Sex Offenders living in long-term health care facilities

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ORDINANCE NO. 2017 -018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE VII, "RESIDENTIAL RESTRICTIONS FOR REGISTERED SEX OFFENDERS," TO CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING A PROCEDURE FOR REGISTERED SEX OFFENDERS TO APPLY TO LIVE IN LONG -TERM CARE FACILITIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris determines and declares that sex offenders who have committed sexual offenses against children are a threat to the health, safety, and welfare of the children of the City; 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 residency of sex offenders will provide better protection for children gathering in the City; and WHEREAS, Article 42.12 (1313) of the Texas Code of Criminal Procedure provides a 1,000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; and WHEREAS, on September 27, 2010, the Council passed Ordinance No. 2010 -038 prohibiting registered sex offenders as defined therein from establishing a residence within one thousand (1,000) feet of a school, child care facility, child care institution, day care center, park or playground or other areas defined as a child safety zone; and WHEREAS, occasionally, a registered sex offender subject to the provisions of Chapter 21, Article VII of the Code of Ordinances requires short -term or long -term care in a rehabilitation center, nursing home or other longer term health care facility; and WHEREAS, at the time of the enactment of this ordinance, all such facilities within the City of Paris fall within the boundaries of one or more child safety zones; and WHEREAS, the City Council finds it to be in the interest of justice to provide a procedure whereby a sex offender subject to the residency restrictions in Chapter 21, Article VII may establish a temporary or permanent residence in such a facility for the purposes of obtaining healthcare or assisted living services under certain circumstances that will not undermine the safety of children in said child safety zones;