For the purposes of this article, the following terms, words,
and the derivations thereof shall have the meanings given herein.
A minor is a person younger than seventeen (17) years of
age.
A place where a person abides, lodges, or resides for fourteen
(14) or more consecutive days.
A place where a person abides, lodges, or resides for a period
of fourteen (14) or more days in the aggregate during any calendar
year and which is not the person’s permanent address, or a place
where a person routinely abides, resides, or lodges for a period of
four (4) or more consecutive or nonconsecutive days in any month and
which is not the person’s permanent residence.
(Ordinance 829-06 adopted 10/16/06)
For each person required to register on the state department
of public safety’s sex offender database (the database) because
of a violation involving a victim who was less than seventeen (17)
years of age, it is unlawful for that person to establish a permanent
residence or temporary residence within 1,000 feet of a playground,
school, video arcade facility, youth center or public swimming pool,
as those terms are defined in section 481.134 of the Texas Health
and Safety Code, as may be amended.
(Ordinance 829-06 adopted 10/16/06)
(a)
It
shall be prima facie evidence that this article applies to a person
if that person’s record appears on the database and the database
indicates that the victim was less than seventeen (17) years of age.
(b)
For
the purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the outer property
line of the permanent or temporary residence to the nearest property
line of the premises described hereinabove, or, in the case of multiple
residences on one property, measuring from the nearest wall of the
building or structure occupied or the parking lot or driveway, whichever
is closer to the nearest property line of the premises, as described
herein.
(c)
A
map depicting the prohibited areas shall be maintained by the city
police department. The city shall review the map at least annually
for changes. Said map will be available to the public at the police
department.
(Ordinance 829-06 adopted 10/16/06)
Neither allegation nor evidence of a culpable mental state is required for the proof of a residency offense defined by section 8.09.002 of this code.
(Ordinance 829-06 adopted 10/16/06)
It is an affirmative defense to prosecution that any of the
following conditions apply:
(1)
The
person required to register on the database established the permanent
or temporary residence and has complied with all of the sex offender
registration laws of the state, prior to the date of the adoption
of this article.
(2)
The
person required to register on the database entered into a residential
lease or rental agreement prior to the date of the adoption of this
article.
(3)
The
person required to register on the database was a minor when he or
she committed the offense requiring such registration and was not
convicted as an adult.
(4)
The
person required to register on the database is a minor or a ward under
guardianship.
(5)
The
prohibited premises, as specified herein, within 1,000 feet of the
permanent or temporary residence of the person required to register
on the database was opened after the person established the permanent
or temporary residence and complied with all sex offender registration
laws of the state.
(6)
The
person required to register on the database maintains a permanent
or temporary residence at a jail, prison, juvenile facility or other
correctional institution or facility.
(7)
The
information on the database is incorrect, and, if corrected, this
article would not apply to the person who was erroneously listed on
the database.
(Ordinance 829-06 adopted 10/16/06)
(a)
A
person who is required to register on the database because of a violation
involving a victim who was less than seventeen (17) years of age may
petition the city council, in writing, for an exemption from the requirements
of this article.
(b)
The
city council may authorize an exemption from this article when, in
its opinion, undue hardship will result from compliance or an individualized
recidivist assessment indicates an exemption should be granted. In
granting an exemption, the council shall take into account the probable
effect the exemption will have upon the public health, safety and
welfare of the community.
(c)
No
exemption shall be granted without first having held a public hearing
on the exemption petition and unless the city council makes written
findings regarding the following:
(1)
The person lives with his/her family in the only home available and
affordable to the family;
(2)
The number of victims;
(3)
The diversity of victims;
(4)
The person’s relationship to the victims;
(5)
A history of juvenile sexual offenses;
(6)
A history of abuse and neglect;
(7)
A history of long-term separations from parents;
(8)
A negative relationship with his/her mother;
(9)
Employment status;
(10)
A history of substance abuse problems; and
(11)
Evidence of a chaotic, antisocial lifestyle.
(d)
Such
findings of the city council, together with the specific facts upon
which such findings are based, shall be incorporated into the official
minutes of the council meeting at which such exemption is granted.
Exemptions may be granted only when in harmony with the general purpose
and intent of this article so that the public health, safety and welfare
may be secured and that substantial justice may be done.
(Ordinance 829-06 adopted 10/16/06)
(a)
It
shall be unlawful for the owner, lessee or occupant (collectively
referred to as “lessor”) of any place, residence, structure,
dwelling, manufactured dwelling, mobile home, camping trailer or other
conveyance, with knowledge that it will be used as a temporary or
permanent residence of such person, to rent or lease the same, or
any part thereof, to a person required to register on the database
because of a violation involving a victim who was less than seventeen
(17) years of age, if such place, residence, structure, dwelling,
manufactured dwelling, mobile home, camping trailer or other conveyance
is located within one thousand (1,000) feet of any playground, school,
video arcade facility, youth center or public swimming pool, as those
terms are defined in section 481.134 of the Texas Health and Safety
Code, as may be amended.
(b)
An
owner, lessee or occupant (collectively referred to as “lessor”)
of any place, residence, structure, dwelling, manufactured dwelling,
mobile home, camping trailer or other conveyance, shall be deemed
to have knowledge that another person is required to register on the
database because of a violation involving a victim who was less than
seventeen (17) years of age if such person’s record appears
on the database and the database indicates that the victim was less
than seventeen (17) years of age on the earlier of:
(1)
The date of receipt of a lease application, rental application or
similar document by lessor or lessor’s officers, agents, employees
or volunteers; or
(2)
The date the person first occupies lessor’s place, residence,
structure, dwelling, manufactured dwelling, mobile home, camping trailer
or other conveyance.
(Ordinance 829-06 adopted 10/16/06)
(a)
Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article as
may be required by governing law. Any person violating any provision
of this article [is] subject to suit for injunctive relief as well
as prosecution for criminal violations.
(b)
Criminal prosecution.
Except as may otherwise be provided
herein, any person violating any provision of this article shall,
upon conviction, be fined a sum not exceeding five hundred dollars
($500.00). Except as may otherwise be provided herein, each day that
a provision of this article is violated shall constitute a separate
offense. An offense under this article is a misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article, and to seek remedies as allowed by
law, including, but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2)
Except as may otherwise be provided herein, a civil penalty up to
one hundred dollars ($100.00) a day when it is shown that the defendant
was actually notified of the provisions of this article and after
receiving notice committed acts in violation of the article or failed
to take action necessary for compliance with this article; and
(3)
Other available relief.
(Ordinance 829-06 adopted 10/16/06)
