Council expands the Child Safety Zone Ordinance to 2,000 feet

KYLE — Kyle City Council discussed the proposal to increase the minimum child safety zone ordinance from 1,000 to 2,000 feet at its June 21 meeting.

The item, originally brought forth on May 16, would only affect sex offenders with victims 16 years old and below and is meant to protect the city from the numerous sex offenders that may come with the growth of the city. Data presented by Officer Dago Pates confirm this conclusion as he noted that cities with strict zone ordinances often deter sex offenders from considering a home in the area.

“I would like more restrictions for sex offenders to move to Kyle, so if 2,000 [feet] would keep away as many as we can, then I’d like to go for that,” said council member Daniela Parsley, the item's sponsor.

Kyle currently has 49 sex offenders, all of whom would be “grandfathered in,” meaning that the change to the ordinance would not apply to them if their current residence lies within the 2,000 feet.

Though the implication that the city could simply increase the zones to get rid of sex offenders entirely is commonly brought up, it is not realistic as these individuals still retain human rights; therefore, there could be legal obstacles in the attempt to change the ordinance, explained City Attorney Paige Saenz.

“[There are] rights to reside in certain areas and make choices about where you live," said Saenz.

Council member Michael Tobias commented with empathy for both sides, stating, “I’m all for safety for our residents, but I also know that there are people out there that have civil rights and you’ve got to understand that as well.”

Council was provided with a map depicting how the zones would affect the city, with most of the residential areas left available to the sex offenders residing in the east side. The placement of the zones would not prevent the registered individuals from moving to Kyle, but instead congregate them in one area. Mayor Travis Mitchell voiced this concern despite his support for the sentiments, citing his experience from when the ordinance was created in 2021.

“The question is: what happens to those subdivisions just outside of the city of Kyle when we eliminate the ability of registered, lawful sex offenders, who have been convicted, gone through the process and are allowed by rights to live among the public," Mitchell asked. "Do you think that the registered sex offenders per capita in those subdivisions go up or down based on council action if we eliminate sex offenders' ability to live in the city?”

Council member Bear Heiser expressed similar concerns to Mitchell.

Parsley responded by stating that it is not their job as a city to worry about the neighborhoods that reside outside city limits. When posed with how she would feel should she live in a subdivision with multiple sex offenders, Parsley said, “[If I] messed up and that’s where I have to live, then that’s where I have to live.”

The final comment prior to a vote was made by Heiser, who noted the continuous decrease in sex offenders that the city has had in the last three years: “I look at the numbers and I see a problem decreasing as our population is increasing, which is the desired result … It kind of feels like, if these numbers are right, that we are using the power of government to further solve a problem that we’ve already solved.”

The item passed 5-2, with Mitchell and Heiser dissenting.