City of Seymour, Texas

ORDINANCE NO. 2025-10 REVISED CITY CODE BY ADDING A NEW DIVISION 3, “CHILD SAFETY ZONES

May 29, 2026

CITY OF SEYMOUR

ORDINANCE NO. 2025-10

AN ORDINANCE OF THE CITY OF SEYMOUR, TEXAS, AMENDING ARTICLE 7.1200, “SEX OFFENDERS,” OF CHAPTER 7, “OFFENSES & NUISANCES,” OF THE SEYMOUR REVISED CITY CODE BY ADDING A NEW DIVISION 3, “CHILD SAFETY ZONES,” TO PROHIBIT CERTAIN REGISTERED SEX OFFENDERS FROM ENTERING THE CITY PARK, SWIMMING POOL, OR MEMORIAL DRIVE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Seymour, Texas (the “City”), is a Type A general-law municipality located in Baylor County, Texas, created in accordance with Chapter 6 of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and

WHEREAS, the City Council of the City (the “City Council”) finds and declares that registered sex offenders present a serious threat to the public, especially children, and evidence indicates that the recidivism rate for released sex offenders is significant; and

WHEREAS, the City Council finds from the evidence that restrictions on the proximity of sex offenders to schools or other facilities that might create temptation to repeat offenses are one way to minimize the risk of recidivism; and

WHEREAS,Section 341.906(b) of the Texas Local Government Code authorizes a general law municipality to restrict registered sex offenders from going in, on, or within a specified distance of a child safety zone in the municipality; and

WHEREAS, the City Council finds that restricting access by registered sex offenders to child safety zones, including Seymour City Park, the City swimming pool, and Memorial Drive, will better protect children and promote public safety; and

WHEREAS, the City Council desires to adopt the amendments described herein to establish child safety zones and distance restrictions for registered sex offenders in order to protect the health, safety, and welfare of its residents.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEYMOUR, TEXAS, THAT:

SECTION 1.

Article 7.1200, “Sex Offenders,” of Chapter 7, “Offenses & Nuisances,” of the Seymour Revised City Code is hereby amended to add a new Division 3, “Child Safety Zones,” to read as follows:

“Division 3 Child Safety Zones

§ 7.1240 Definitions.

For purposes of this division, the following terms shall have the meanings respectively ascribed to them:

Child, Children, or Minor(s). Any person under the age of seventeen (17).

Child Safety Zone. The premises where children commonly gather, including the area within one thousand (1,000) feet of the property line of a:

• Public or private preschool, elementary, middle, secondary, or high school;

• Public park, playground, public swimming pool, private youth center, or recreation center;

• Video arcade facility, or other facility that regularly holds events primarily for children; or

• Licensed daycare center.

Child safety zones include, but are not limited to, the list of parks and public or private youth centers maintained in accordance with this article.

Daycare Center. A facility licensed, certified, or registered by the Texas Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the twenty-four (24) hour day, whether or not the facility is operated for profit or charges for the services it offers.

Loitering. Standing, sitting idly, or remaining in or about an area, whether in a vehicle or not, without a legitimate purpose.

Playground. Any outdoor facility that is not on the premises of a school and that: (a) is intended for recreation; (b) is open to the public; and (c) contains three (3) or more play stations or apparatus intended for the recreation of children, such as slides, swing sets, and teeterboards.

Premises. Real property and all buildings and appurtenances pertaining to the real property.

Registered Sex Offender. Any person required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure, whose offense involved a victim younger than 17 years of age.

Swimming Pool. Any structure intended or used by the public for swimming or recreational bathing, regardless of size, and including in-ground, above-ground, and on-ground swimming pools. The term shall not include swimming or bathing facilities located on private residential property which are not open for use by the public or swimming or bathing facilities located within an apartment or other multifamily housing complex

Video Arcade Facility. means any facility that: (a) is open to the public, including persons who are 17 years of age or younger; (b) is intended primarily for the use of pinball or video machines; and (c) contains at least three (3) pinball or video machines.

Youth Center. Any public or private recreational facility or gymnasium that (a) is intended primarily for use by persons who are 17 years of age or younger and (b) regularly provides athletic, civic, or cultural activities.

§ 7.1241 Offenses.

(a)       It is an offense for a registered sex offender to go in or on any real property, including a public street, within one thousand (1000) feet of a child safety zone.

(b)       It is an offense for a registered sex offender to knowingly or intentionally loiter within one thousand (1000) feet of a child safety zone.

(d)       For purposes of determining the minimum distance of separation, the requirements shall be measured by following a straight line to the closest property line of the child safety zone.

(e)        In cases of a dispute over measured distances, it shall be incumbent upon the person(s) challenging the measurement to prove otherwise.

(f)        This section applies to all registered sex offenders, as defined by this division, regardless of the individual’s reported risk level or whether the individual has been assigned a risk level.

§ 7.1242 Enforcement.

(a)       The police department shall be responsible for enforcing this division.

(b)       Before taking any enforcement action under this division, an officer shall: (1) confirm the offender’s registration status and offense details to determine if the victim was under seventeen (17) years of age and (2) determine the proximity of the sex offender’s presence to a child safety zone.

(c)        An officer shall not issue a citation or make an arrest under this division unless the officer reasonably believes that an offense has occurred and that, based on the offender’s responses and other circumstances, no exception or affirmative defense under this division is applicable.

§ 7.1243 Affirmative Defenses and Exemptions.

(a)       The following are affirmative defenses for a registered sex offender subject to this division:

(1)       The person established a permanent or temporary residence within one thousand (1000) feet of a child safety zone and complied with all registration laws before the effective date of this Ordinance.

(2)       The person was under seventeen (17) years of age at the time of the offense and was not convicted as an adult; or the person is a minor who resides with a parent or guardian.

(3)       The person has been exempted by a court order from registration under Chapter 62, Texas Code of Criminal Procedure.

(4)       The offense requiring registration was reversed on appeal or pardoned.

(5)       The person’s duty to register has expired.

(6)       The child safety zone was established after the person established residence and the person has complied with state registration laws.

(7)       The information on the sex offender database is incorrect, and if corrected, the article would not apply to the person.

(8)       The person is temporarily staying within a restricted area for a legitimate reason such as work, school, medical treatment, or visiting family, and such stay does not exceed fourteen (14) consecutive days.

(9)       The person resides in a licensed residential treatment facility, halfway house, or other state-sanctioned rehabilitation program.

(10)     The person is incarcerated in a correctional facility within a restricted zone.

(11)     The person is a duly qualified and registered voter and enters a child safety zone solely for voting in a duly called election, and only to the extent reasonably necessary.

(12)     The person enters a child safety zone for the sole purpose of attending a public meeting held by a governmental entity, and only to the extent reasonably necessary.

(13)     The person owns or resides in a residence acquired prior to conviction and is not otherwise violating the terms of this division.

(b)       It is also an affirmative defense to prosecution if the person was in or within a child safety zone for:

(1)       Transportation of a child the person is legally permitted to be with;

(2)       Transportation to and from work;

(3)       Other work-related purposes.

(c)        Exemptions from this article may be sought in the following circumstances:

(1)       The person established permanent or temporary residency prior to the effective date of this article, and an exemption is necessary to the extent this article applies to areas necessary for the registered sex offender to have access to and live in the residence, for the duration of the period the person maintains residency in the residence.

(2)       The person submits a request in writing to the city administrator specifying the background, reason, and scope of the requested exemption, subject to the provisions of section 7.1244 of this division.

§7.1244 Appeal and Exemption Procedure.

A registered sex offender subject to the provisions of this division may seek an exemption or appeal the applicability of one or more provisions as follows:

(a)         The individual making an appeal must submit a written and notarized request for exemption or appeal to the city secretary. The request shall include, at minimum, the individual’s name and contact information; a description of the basis for the request, including a citation to the specific section being appealed or exemption sought; any and all supporting documentation necessary for a final determination; and other information as may be reasonably required.

(b)       The request need not contain any information considered confidential by law.

(c)       Upon receipt of a complete request, the city secretary shall forward the request to the city administrator and police chief for review.

(d)       The city administrator shall issue a written determination within ten (10) business days from the date the request is received. The city administrator may request additional information if needed.

(e)        The requestor may appeal the city administrator’s decision to the city council by submitting a written notice of appeal to the city secretary within ten (10) business days of the decision.

(f)        A public hearing on the appeal shall be heard at a regular or special meeting of the city council within thirty (30) days of receipt of the appeal, unless extended by mutual agreement.

(g)       Upon conclusion of the public hearing, the city council shall render a final decision by majority vote. A written copy of the decision shall serve as the record of appeal, be issued to the individual as a notice of decision, and be retained in accordance with the city’s record retention policies.

§ 7.1245 Penalty.

(a)       A person who violates any provision of this division commits a Class C misdemeanor. Each day that a violation occurs or continues shall constitute a separate offense.

(b)       Upon conviction, a person shall be punished by a fine not to exceed $500.

(c)        It shall be an affirmative defense to prosecution if any of the defenses set forth in section 7.1243 apply.”

SECTION 2.

This Ordinance shall be cumulative of all provisions of ordinances and the Seymour Revised City Code, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed.

SECTION 3.

            Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be deemed guilty of a Class C misdemeanor and upon conviction therefore shall be fined in any sum not to exceed five hundred dollars ($500.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.

SECTION 4.

All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Seymour Revised City Code amended or revised herein, or any other ordinances affecting the subject matter herein, which have accrued at the time of the effective date of this Ordinance. Any and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts.

SECTION 5.

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable. If any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance.

SECTION 6.

The City Secretary is hereby directed to publish the caption and penalty clause of this Ordinance in the official City newspaper as authorized by Section 52.011 of the Texas Local Government Code.

SECTION 7.

This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained.

PASSED AND APPROVED THIS ___ DAY OF ________________, 2025.

                                                            __________________________________

Mark McCord, Mayor

ATTEST:

________________________________

Lauren Bush, City Secretary