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File #: 13-1180   
Type: City Code Amendments
In control: City Council A Session
On agenda: 12/5/2013
Posting Language: An Ordinance amending City Code Chapter 22 by creating a new Article XI, entitled "Park Safety Zones", to prohibit registered sex offenders from having a permanent or temporary residence within 1000 feet of a City park, prohibiting their entry in City parks, and prohibiting loitering within 300 feet of City parks; and adopting penalties for violations. [Erik J. Walsh, Deputy City Manager; William McManus, Police Chief]
Attachments: 1. CCR - CM Soules - Child Safety Zones, 2. Governance Memo (Oct 11, 2013), 3. Governance Presentation (Oct 16, 2013), 4. Public Safety Memo (Nov 1, 2013), 5. 1,000 Ft. Buffer Reference Map, 6. 300 Ft. Buffer Reference Map, 7. Draft Ordinance, 8. Ordinance 2013-12-05-0855
DEPARTMENT: Police


DEPARTMENT HEAD: William McManus


COUNCIL DISTRICTS IMPACTED: Citywide


SUBJECT:

Public Safety Zones


SUMMARY:

An Ordinance amending Chapter 22, creating Article XI of the City Code of San Antonio by prohibiting registered sex offenders from entering a City park, establishing residence within 1,000 feet of a City park, or loitering within 300 ft of a City park.


BACKGROUND INFORMATION:

Currently, Texas law allows parole boards and judges to impose restrictions of this nature on parolees or individuals on probation but does not grant them the same authority once the individual has completed the term of their parole or probation.

If an officer encounters an individual suspected of violating a City Ordinance or other law, the officer conducts a background check on that individual. If the person is a registered offender but not on probation/parole, the sex offender's presence in the park is not a violation of any law or condition imposed on the sex offender. If the sex offender is on probation or parole, the officer will attempt to contact their parole or probation officer, and if the individual is in violation of the terms of their probation or parole but no law has been violated, the officer must release the individual to allow the probation or parole department to later file a motion to revoke. The judge or parole board will then determine if there is a basis to believe terms were indeed violated, and if so, instruct the probation or parole officer to bring the individual in to face the consequences.

The proposed ordinance, based on other Texas cities, will prohibit all registered sex offenders from a) entering any City park (with certain limited exceptions), b) loitering within 300 feet of a City park, or c) establishing a residence within 1,000 feet of a City park. These areas are called "Park Safety Zones."

Enacting an ordinance of this nature would extend the prohibition from entering City parks t...

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