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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 10A THE HUNTSVILLE ITEM GENERAL HELP WANTED Need P/T Helpers for Cleaning Service. $7.50/hr start. 936-577-8656 Orthodontic Clinical Assistant Full -Time: We are looking for an energetic, outgoing individual to join our dynamic orthodontic team. Are you a team _ player with high integrity, excellent manual dexterity and mature relationship skills, interested in a career in orthodontics? Experience is preferred, but we are willing to train a quick learner. Please send resume: Fax to (936) 291-0798 or e-mail to i nfosmi lesbybryan. com Stylist & Nail Tech Needed at Shear Success Salon & Day Spa Booth Rental only. 936-435-0924 Real Estate BrokerlAgent ANDERSON PROPERTIES X64 SY,afe rlwvl. 9 +. iile,TX77367 25 years on Lake Livingston Call and lets go to the lake. Gary Werner 936.661.7490 "The Lake Guy" TIRE REPAIR HELP Needed Must have Road Service experience. Must be able to repair 18 wheeler & equipment tires. Must be drug free & have' a clean driving record 936-295-4713 HOMESFORSALE AVAILABLE 3/1.5 Located near Huntsville in Riverside; close to water 6 Cottonwood Larne fenced yard RENTALS RENTALS $900/Mo 3/2/2CP TH 2231 Crosstimbers Available 8-1 $600/Mo 2/1 water pd. 2018 L 1/2 unit #10 Avail. 8/1 $800 2/1/1 Home 1004 Pecan St $1100/Mo 3/2/2 1046 Broadmoor $1185/Mo Unique 3/1.5 912 University Ave Heart of Texas 936-291-7777 $99 Student Special Right at Campus 1,2 & 3 bedrooms and Townhomes. No pet deposit, No application fee. All bills paid most units $500 TDCJ Special 936-291-2100 www.richmondl and2. com 2/2 LARGE DUPLEX 3116 B Clay Circle No pets, Non smoker, all electric, fence yard, w/d conn. All appliances, $750/mo $700/dep 291-3811 3 BDRM MH $400/mo OR 2 bdrm MH $350 $250/Dep Trinity No Pets 936-377-2375 *2/1 VERY NICE Aoartment with Bonus 3/2 Duplex $625 3/2 Duplex $750 www.helenstreet duolexes.com 1/1 Apt $400 3/2 MH $750 all in town near SHSU 281-684-7258 3/2 newly remodeled $675/mo off of 190 E Housing excepted 832-437-1076 Beautiful College Rent property -8 miles from campus. 3 bedroom 2 full baths 17 acres acres plenty of room for your horses: There are two MH's on this property for rent. 3BR $800 a month and a 2BR $700 a month. Contact:936-661-2210 or 936-577-2304 BOLD RENTALS Does your Ad need a little more attention? You can create Ad -Impact by using larger type: This type size is... 9 Point 10 Point HIDDEN VALLEY Mobile Home Park New Owners Now leasing 2 & 3 bdrms available Rent starts at $375/mo. plus utilities Call Cathy at Hidden Valley 936-436-1010 HUGE 3 OR 4 bedroom on acreage. Close to SHSU Pets ok Call 713-898-4472 Large Efficiencies w/ porch. West of 145 No pets please 295-4401 662-6340 QUIET COMPLEX WITH POOL CLOSE TO CAMPUS 2/2 with all appliances $675mo w/dep. Call Steve 936-661-2254 Room for rent in 4/2 Near SHSU for female student $375/mo after 1 pm 936-546-6807 ROOM FOR RENT Private bath, access to upstairs deck Male student preferred Available Mid -August $400/mo All bills paid 936-662-6673 CLASSIFIED HOMES FOR RENT Room Mate for 2/1 $325/mo $325/dep Walk to SHSU 936-446-8562 2/1 NICE HOME Walking distance from SHSU. Quiet neighborhood ideal for serious student/couple, Fridge & stove, w/d hook ups. No Pets Call 936-294-9669 Spacious 2 bdrm Apt formal dining, large living, 1 minute from SHSU. Quiet 4-plex Roommates welcome $550/mo $200/dep 936-689-0351 2/1 on Private property outside city limits $450/mo 936-294-8389 2/2 1417 Ave N Cute,'available Aug 15 $880/mo + dep. fenced 936-438-1000 2/2 in the Avenues Walk to SHSU Pets ok 713-828-4011 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 Heat, W/D connections, fenced yard, no inside pets $650/mo, Close to SHSU. 936-438-8893 or 936-661-2135 DUPLEX FOR 2 people. Advanced horseman ship skills required. Labor in exchange for rent 4 miles from Huntsville Please call after 5pm 832-515-3356 APARTMENTS FOR RENT GOOD LOCATION nice, clean, 3/1 house Call 936-662-2696 **SUMMER** Move -i n Specials APT 1/1-2/1 Quiet, Close to campus 936-2917368 We Pay Your Water Call Today!!!! HOUSE ON LAKE 1+bdrm 1 bath, extra space with view w/d hook up, 2 car carport no smoking, no pets 936-295-0612 2/1 IN TOWN New Carpet water & cable paid $600/mo 661-7680 2/2 CARPORT w/d conn. pay only electricity, quiet neighborhood no pets 1917 20th #4 $695/$600 936-295-0066 or. 936-661-0115 APARTMENT AVAILABLE: Quiet 1 B/R 1 Bath FREE Water, Cable and Laundry Room 104 Ryans Ferry Rd. (936)228-0387 $550.00/mo Newly Remodeled Furnished efficiency close to SHSU. $325/mo. 435-4182 THE SENIOR VILLAGES of Huntsville Now leasing 1&2 bedroom Rates start at $530 936-295-1222 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. 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' CMUSON CIMN/NG SERVICES, Ile 936.439.4813 936355.3976 Commercial, Residential, General Cleaning, Special Events and Make Readies Anything Hain needs cleaning. You can call on us 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! IN & OUT MOBILE DETAILING START/:4'G Juin 15" -AUG 157" '4O have a special on Pressure Washing your hame. Ei„cin0C, !,Y SUNDAY, AUGUST 7, 2011 HOMES FOR RENT LAKE LIVINGSTON $550/mo 3/2 281-459-2422 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 nieghborhood, ideal for single. $450mo/ $400 dep 423-A Sam Houton 295-0066 or 661-0115 PEACEFUL TRINITY Neighborhood Two -Story Craftsman 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 ****BRAND NEW**** Double Wide Mobile Homes 4/2 & 3/2 Close to SHSU & The Walls Unit. Call Jason at 936-228-7206 2001 PRETTY 2 BDRM MOBILE. Setup in Tanglewood MHC. New refrigerator, new dishwasher, new AC, includes washer, dryer, stove, large front deck. $16,500 OBO. 936-203-6991 or 936-577-5803. 3/2 DW in Country Off Hwy 19 North Clean $650/mo + dep 936-661-3020 3/2 MOBILE HOME with Lg Porches, and yards, pasture for 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 cleaning. You can call on us 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