ORD 2011-53 - Amend Code Ordinances - Ch 32 Offenses and Misc Provisions 08-16-2011Agenda Item -2 k
ORDINANCE NO. 2011-53
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER 32 "OFFENSES AND MISCELLANEOUS
PROVISIONS "; BY ADDING A NEW "DIVISION 3- CHILD SAFETY ZONE" TO
ARTICLE II "PUBLIC SAFETY AND PROTECTION "; AMENDING DIVISION 2 BY
CHANGING THE RESERVED SECTIONS; PROVIDING FOR A PENALTY; MAKING
OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Huntsville Code of Ordinances, Chapter 32 "Offenses and Miscellaneous Provisions;
Article II- Public Safety and Protection" provides for the regulations of certain offenses and activities for
the health, safety and public welfare of the City's residents:
WHEREAS, the City Council of the City of Huntsville, Texas now wishes to amend Chapter 32, Article
II by adding a new Division 3 to be entitled "Child Safety Zone" and appropriate subsections to help
promote the health, safety and welfare of its children;
WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same
at the place reserved and designated for notices of public meetings and public activities and prior to the
adoption of this ordinance.
WHEREAS, the City Council of the City of Huntsville finds and declares that sex offenders are a serious
threat to public safety from the evidence that the recidivism rate for released sex offenders is significant,
especially for those who commit their crimes against children; and
WHEREAS, the City of Huntsville is a home rule city with the power to enact ordinances to protect
the health, safety and well -being of its citizens;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and
correct and are hereby adopted, ratified, and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 32 "Offenses and Miscellaneous Provisions" is
amended by changing the reserved sections in Division 2- Salvage Operations to be as follows:
"Secs. 32- 93 - - -32 -105. — Reserved"
SECTION 3: Huntsville Code of Ordinances Chapter 32 "Offenses and Miscellaneous
Provisions" is amended by adding a new Division 3 to Article II to be entitled "Child Safety
Zone" as provided below;
"Sec. 32 -106. - Prohibition regarding child sex offender in child safety zone.
(a) Definitions. For the purpose of this chapter the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the context, words in
the plural number include the singular and words in the singular number include the plural. The
word "shall" is always mandatory and not merely directory.
City park means:
(i) Land owned or controlled by a unit of local government that is
designated by the unit of local government for use solely or primarily for
children's recreation;
(ii) City recreational areas, including, but not limited to, a forest preserve,
conservation area, jogging trail, hiking trail, water park, swimming pool, soccer
field or baseball field under the jurisdiction of a unit of local government.
Child sex offender means:
(i) a person who, pursuant Vernon's Aim. C.C.P. art. 42.12, § 9A(a)(2), has
been convicted or has entered a plea of guilty or nolo contendere for an offense
under any one of the following provisions of the Texas Penal Code:
(A) V.T.C.A., Penal Code § 21.11 (indecency with a child);
(B) V.T.C.A., Penal Code § 43.25 (sexual performance by a child);
(C) V.T.C.A., Penal Code § 43.26 (possession or promotion of child
pornography); and/or
(ii) A person who has been convicted or has entered a plea of guilty or nolo
contendere for an offense under V.T.C.A., Penal Code §§ 43.251 (Employment
harmful to children) and/or 43.05(2) (Compelling prostitution); and/or
(ii) A person who has been convicted or has entered a plea of guilty or nolo
contendere for an offense under any substantially similar federal law or law of
another state, or law of a foreign country, or the Uniform Code of Military
Justice, or the attempt to commit a sex offense; and/or
(iii) A person who has registered as a child sex offender or was /is required to
register as a child sex offender by any state law, federal law, law of a foreign
country, the Uniform Code of Military Justice, or pursuant Vernon's Ann. C.C.P.,
chapter 62, is required to register as a child sex offender.
Loiter: means standing, sitting idly, whether or not the person is in a vehicle or remaining
in or around city park property or public way.
Public way :means any place to which the public or a substantial group of the public has
access and includes, but is not limited to, streets, common areas of schools, shopping
centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants,
shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the use of
the public.
Child safety zone: means all city parks or public parks and any land designated for
public recreation or an athletic field that is owned, leased, or maintained by the city and
within 300 feet of a public way.
(b) It shall be unlawful for a child sex offender to knowingly be present in any city park
and/or public parks and/or land as defined herein.
(c) It shall be unlawful for a child sex offender to knowingly loiter on a public way within
three hundred (300) feet of a city park and/or public parks and/or land as defined herein.
Sec. 32 -107 - Map.
A map depicting the prohibited areas shall be created by the City and maintained by the
Huntsville Police Department. The City shall review the map annually for changes. Said map
will be available to the public at the Huntsville Police Department. Appropriate signs are to be
made under direction of the Huntsville Police Department and place on the premises defined
under "City Park" in section 32 -106.
Sec. 32 -108. - Enforcement procedures.
If a police officer reasonably believes that a child sex offender is in a city park in violation of the
ordinance, the officer shall require the child sex offender to provide his /her name, address, and
telephone number. If it is established that the individual is a child sex offender, then a violation of
the ordinance has occurred and is a Class C misdemeanor as defined in the Penal Code.
Sec. 32 -109. - Penalty
Any person violating any provision of this article, upon conviction, is punishable by a fine not to
exceed five hundred dollars ($500.00).
Sec. 32 -110. - Severability
If any provision of this article is invalidated by any court of competent jurisdiction, the remaining
provisions shall not be affected and shall remain in full force and effect. If any provision of this
article is in conflict with state law, state law will prevail.
Secs. 32- 111 -165. — Reserved."
SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances
of the City not in conflict with the provisions of this Ordinance shall remain in full force and
effect.
SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this Ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional.
SECTION 5: This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas.
First Reading Date: August 2, 2011
PASSED AND APPROVED on the Second Reading on this the 16`h day of August 2011.
ATTEST:
odwar ' , ity S cretary
THE CITY OF HUNTSVILLE
APPROVED AS TO FORM:
d Schneider, City Attorney
PUBLISHER'S AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS, County of Walker
I, Amy Lee, of the aforesaid County and State, do solemnly swear that I am
publisher of The Huntsville Item, a daily newspaper of general circulation
which has been continuously and regularly published at Huntsville, Walker
County, Texas, and is a legal newspaper and the attached notice was published
in said newspaper.
City of Huntsville 2 consecutive/subsquent dates previous
to the return day therof to wit:
On 5 -Aug 2011 On
7 -Aug 2011
On
2011 On 2011
On
2011 On 2011
Subscribed and sworn to this 9th
(Seal)
Publisher
day of August 2011
otary Public, Walker County, Texas
NINA HANSEN
My Commission Expires
January 27, 2013
rE�
Legal notice - 'att.net Mail'
ALL
Classic
Levi notice
ram: "Lee Woodward" <LWoodward@huntsvilletx.gov>
To: "nina2hansen@yahoo.com" <nina2hansen@yahoo.com>
Good morning! Could you please:
Page 1 of 2
Wednesday, August 3, 2011 10:25 AM
1. print the below twice on or before August 12, 2011?
2. put my name at the front of the billing description so our Fin. Dept. will know how to
assign?
3. email me a price and dates?
Thank you!
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES,
SPECIFICALLY CHAPTER 32 "OFFENSES AND MISCELLANEOUS PROVISIONS"; BY
ADDING A NEW "DIVISION 3— CHILD SAFETY ZONE" TO ARTICLE II "PUBLIC SAFETY
AND PROTECTION"; AMENDING DIVISION 2 BY CHANGING THE RESERVED SECTIONS;
PROVIDING FOR A PENALTY; MAKING OTHER PROVISIONS AND FINDINGS THERETO;
AND DECLARING AN EFFECTIVE DATE. Approved by Huntsville City Council on August 2,
2011. Lee Woodward, City Secretary
Thank you!
Lee Woodward
City Secretary
City of Huntsville
936-291-5403
Iwoodward@huntsvilletx.gov
1212 Avenue M
Huntsville, TX 77340
The material in this e-mail is intended only for the use of the individual to whom it is addressed and may
contain information that is confidential, privileged, and exempt from disclosure under applicable law. If you are
not the intended recipient, be advised that the unauthorized review, use, disclosure, duplication, distribution, or
the taking of any action in reliance on this information is strictly prohibited. If you have received this e-mail in
error, please notify the sender by return email and destroy all electronic and paper copies of the original
message and any attachments immediately. Please note that neither City of Huntsville nor the sender accepts
any responsibility for viruses and it is your responsibility to scan attachments (if any). Thank you.
[v.1.e]
http://us.mc817.mail.yahoo.com/mc/showMessage?sMid=0&filterBy=&.rand=192826097&... 8/3/2011
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Stylist & Nail Tech
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936-435-0924
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936.661.7490
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TIRE REPAIR HELP
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936-295-4713
HOMESFORSALE
AVAILABLE
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water
6 Cottonwood
Larne fenced yard
RENTALS
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$900/Mo 3/2/2CP TH
2231 Crosstimbers
Available 8-1
$600/Mo 2/1
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1004 Pecan St
$1100/Mo 3/2/2
1046 Broadmoor
$1185/Mo Unique
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912 University Ave
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936-291-7777
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281-684-7258
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Housing excepted
832-437-1076
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936-436-1010
HUGE 3 OR 4
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Pets ok
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Large Efficiencies w/
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No pets please
295-4401 662-6340
QUIET COMPLEX
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936-661-2254
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ROOM FOR RENT
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Male student
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Available Mid -August
$400/mo All bills paid
936-662-6673
CLASSIFIED
HOMES FOR RENT
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$325/mo $325/dep
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formal dining, large
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2/2 1417 Ave N
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$880/mo + dep.
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Pets ok
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3/2 CA/CH
w/d hook up
$1000/mo 1803 Ave P
936-661-7226
Cute Wood Frame
House 2/1 Wood
Floors, Central Air and
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yard, no inside pets
$650/mo,
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936-438-8893 or
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DUPLEX FOR 2
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Please call after 5pm
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GOOD LOCATION
nice, clean,
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Call 936-662-2696
**SUMMER**
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936-2917368
We Pay Your Water
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936-295-0612
2/1 IN TOWN
New Carpet
water & cable paid
$600/mo 661-7680
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electricity, quiet
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1917 20th #4
$695/$600
936-295-0066 or.
936-661-0115
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AVAILABLE: Quiet
1 B/R 1 Bath
FREE Water, Cable
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104 Ryans Ferry
Rd. (936)228-0387
$550.00/mo
Newly Remodeled
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close to SHSU.
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Rates start at $530
936-295-1222
Time is Ticking
Reserve your
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936-291-6311
WALK TO SHSU
1/1 Furnished,
Water, gas paid - Ref.
GENERAL SERVICES
ABLE
GLASS
co.
.BEAT THE
HEAT
10% Off
Solar
Screens
THRU 10/31
1300 Ave Q
295.5784
FRIDAY, AUGUST 5, 2011
LEGALS
LEGALS
1-45 Self Storage of Huntsville wishing to avail
themselves of the provisions of chapter 59 of
the Texas Property Code hereby gives notice of
sale under said act. This sale is being made to
satisfy a landlord's lien. Bids will be accepted
at
10:00am on August 13, 2011 at 1-45 Self
Storage, 700 1-45 South, Huntsville, TX 77340.
Contents are miscellaneous household goods
and personal items of tenant(s) as listed: 'Rita
Mitchell, Ray Sloan, and Kathy Fasolino.
Payments will be made in cash. 1-45 Self
Storage reserves the right to reject any and all
bids. For more information call (936) 291-8866'
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936355.3976
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cliusoncleaning@aal.COtn
7-29, 8-5
LEGALS LEGALS
AN ORDINANCE AMENDING THE CITY OF
HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER 32
"OFFENSES AND MISCELLANEOUS
PROVISIONS"; BY ADDING A NEW
"DIVISION 3- CHILD SAFETY ZONE" TO
ARTICLE I1 "PUBLIC SAFETY AND
PROTECTION"; AMENDING DIVISION 2 BY
CHANGING THE RESERVED SECTIONS;
PROVIDING FOR A PENALTY; MAKING
OTHER PROVISIONS AND FINDINGS
THERETO; AND DECLARING AN EFFECTIVE
DATE. Approved by Huntsville City Council
on August 2, 2011. Lee Woodward, City
Secretary
8-5, 8-7
IOC NAME Ir. %1'r:' Do Ir!
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281-459-2422 or
713-598-5953
LARGE 3/1 CA/CH
fenced, w/d conn
$775/mo + dep
936-662-6017
NEAT OLDER 1/1
washer/dryer conn.,
garage, quiet
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for single.
$450mo/ $400 dep
423-A Sam Houton
295-0066 or 661-0115
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built in 1888 on dou-
ble
corner lot. 3/3 plus
parlor, 4 fireplaces, 4
porches. W/D hookup
$880/mo Good dogs
allowed. For Lease or
Purchase, call Don
Euhle 832-722-5025.
APARTMENTS FOR RENT
**SUMMER**
Move -in
Specials
APT11/1-2/1 Quiet,
Close to campus
936-291-7368
We Pay Your Water
Call Today!!!!
1 Bedroom Apt
1919 20th st
$550/mo + bills
936-293-1984
1 BEDROOM APT
610 Hayman $395
mo. $350 dep. water
paid. 936-594-1053
'2/1 IN TOWN
New Carpet
water & cable paid
$600/mo 661-7680
APARTMENTS FOR RENT
Time is Ticking
Reserve your
Apartment. today
Ask how you can get
free rent!
The Timbers
936-291-6311
WALK TO SHSU
1/1 Furnished,
Water, gas paid - Ref.
$340/mo 661-3805
MANUFACTURED HOMES
Me RAW
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Close to SHSU & The
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or 936-577-5803.
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Off Hwy 19 North
Clean $650/mo + dep
936-661-3020
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with Lg Porches, and
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horses. College
studentswelcome!
$650 936-295-3185
GENERAL SERVICES
ABLE
GLASS
CO.
BEAT THE
HEAT
10% Off
Solar
Screens
THRU 10/31
1300 Ave Q
2955784
CMUSON
CIwINO
SEANCES, £IC
936.+39.4813
936355.3976
Commercial,
Residential,
General Cleaning,
Special Events and
Make Readies
Anything that needs
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clausoneleaning@aol.com
CLASSIFIED THE HUNTSVILLE ITEM 3C
LEGALS LEGALS
AN ORDINANCE AMENDING THE CITY OF
HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER 32
"OFFENSES AND MISCELLANEOUS
PROVISIONS"; BY ADDING A NEW
"DIVISION 3- CHILD SAFETY ZONE" TO
ARTICLE II "PUBLIC SAFETY AND
PROTECTION"; AMENDING DIVISION 2 BY
CHANGING THE RESERVED SECTIONS;
PROVIDING FOR A PENALTY; MAKING
OTHER PROVISIONS AND FINDINGS
THERETO; AND DECLARING AN EFFECTIVE
DATE. Approved by Huntsville City Council
on August 2, 2011. Lee Woodward, City
Secretary
8-5, 8-7
LEGALS LEGALS
NOTICE OF PUBLIC HEARING
NOTICE IS GIVEN that the Commissioners
Court of Walker County, Texas will meet at 9:00
A.M., on August 22, 2011, in the Walker County
Commissioners Courtroom, 1100 University
Ave, Huntsville, Texas, pursuant to Local
Government Code 118.025, to hear and
consider the approval of the Walker County
Clerks Archive Fund, Senate Bill 1774, to fund
the preservation and restoration of the County
Clerks records.
Issued this the 1st day of August 2011.
KARI A. FRENCH, Walker County Clerk„
1100 University Ave Suite 201
Huntsville, Texas 77340
LEGALS
LEGALS LEGALS
Public Notification of Nondiscrimination in
Career and Technology Education Programs
1. Huntsville Independent School District offers
career and technology education programs in
Agriculture, Science, Health Science
Technology, Technology Education, Family and
Consumer Science, Business Education, and
Trade and Industrial Education. Admission to
these programs is based on grade level and
completion of identified prerequisites.
2. It is the policy of Huntsville Independent
School District not to discriminate on the basis
of race, color, national origin, sex or handicap in
its vocational programs, services or activities as
required by Title VI of the Civil Rights Act of
1964, as amended; Title IX of the Education
Amendments of 1972; and Section 504 of the
Rehabilitation Act of 1973, as amended.
3. It is the policy of Huntsville Independent
School District not to discriminate on the basis
of race, color, national origin, sex, handicap, or
age in its employment practices as required by
Title VI of the Civil Rights Act of 1964, as
amended; Title IX of the Education
Amendments of 1972; the Age Discrimination
Act of 1975, as amended; and Section 504 of
the Rehabilitation Act of 1973, as amended.
4. Huntsville Independent School District will
take steps to assure that lack of English
language skills will not be a barrier to admis-
sion
and participation in all educational and
vocational programs.
5. For information about your rights or griev-
ance
procedures, contact the Title IX Coordinator
and/or the Section 504 Coordinator, at 441 FM
2821 E, Huntsville, Texas 77340,
(936) 295-3421.
Notification Publica de Practicas
8-7 No-Descriminaitorias en Programas de
Education en Carreras yTecnologia
1. Huntsville Independent School District ofrece
programas vocacionales en Agriculture
Science, Health Science Technology,
Technology Education, Family and Consumer
Science, Business Education, and Trade and
industrial Education y La admision a estos
programas se basa en el nivel completacion de
los prerequisitos identificados.
LEGALS
NOTICE IS HEREBY GIVEN IN
ACCORDANCE WITH THE
2. Es norma de Huntsville Independent School