ORDINANCE NO. 2234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS, AMENDING ORDINANCE NO. 2038 AND CHAPTER 10, ARTICLE IX OF THE CITY OF KELLER CODE OF ORDINANCES, TO REVISE THE MINIMUM DISTANCE REQUIREMENT FOR SEX OFFENDER RESIDENCY RESTRICTIONS FROM 1,000 FEET TO 2,000 FEET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds it necessary to increase the separation distance between locations where children commonly gather and the residences of registered sex offenders to promote public safety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: Section 1: THAT, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. Section 2: THAT, Section 10-1410(a) of the Code of Ordinances is hereby amended to read as follows: Sec. 10-1410 – Prohibited Areas (a) It is unlawful for a sex offender to establish a permanent or temporary residence within 2,000 feet of a child safety zone. Section 3: THAT, Section 10-1420(a) ishereby amended to read as follows: Sec. 10-1420 – Offenses (a) No person shall sublet or rent any place, structure or part thereof manufactured home, trailer, or any other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence according to the terms of this article, if such place, structure, or part thereof, manufactured home, trailer or other conveyance is located within 2,000 feet from a child safety zone. Section 4: THAT, Section 10-1450(b)(4) is hereby amended to read as follows: Sec. 10-1450 – Prosecution of violations (b) All of the following are affirmative defenses to a violation of this article: (4) the premises where children commonly gather, as specified herein, within 2,000 feet of the permanent or temporary residence was opened after the person established the permanent or temporary residence and the person has complied with all sex offender registration laws of the state; or Section 5: THAT All other provisions of Ordinance No. 2038 shall remain in full force and effect. Section 6: THAT any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon final conviction thereof, be fined in an amount not to exceed five hundred dollars ($500.00). Each and every day any such violation continues shall constitute a separate offense and shall be punishable as such hereunder. Section 7: THAT if any section, paragraph, clause, phrase, or provision of this Ordinance, shall for any reason be held to be invalid or unenforceable, the validity or unenforceability of such section, paragraph, clause, phrase, or provision shall not effect any of the remaining provisions of this Ordinance. Section 8: THAT, this Ordinance shall become effective upon its adoption and publication provided by law. AND IT IS SO ORDAINED. Passed and approved by a vote of 7 to 0 this the 15th day of July, 2025. CITY OF KELLER, TEXAS BY: __________________ Armin R. Mizani, Mayor ATTEST: ________________________ Kelly Ballard, City Secretary Approved as to Form and Legality: ________________________ L. Stanton Lowry, City Attorney IPL0256153 Jul 23 2025