The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a person under 18 years of age.
means a facility providing for the supervision, care or education
of children, including, but not limited to, a day care, Montessori
school, day camp, Mother’s day out program or a facility providing
after-school care.
means the same as that found in Vernon’s Ann. C.C.P.
article 62.001(3).
means the same as that found in Vernon’s Ann. C.C.P.
article 62.001(5).
means a temporary or permanent property or possessory interest
in a residence, including a stay as an overnight guest.
means a house, apartment or other dwelling in which a person
lives.
means a person with a reportable conviction or adjudication
who is required to register with the state department of public safety
under the provisions of Vernon’s Ann. C.C.P. chapter 62.
means those offenses requiring registration with the state
department of public safety under the provisions of Vernon’s
Ann. C.C.P. chapter 62.
means a public or nonpublic elementary or secondary school.
(Ordinance 06-626, sec. 2, adopted 7/13/06; 2007 Code, sec. 28-124)
A sex offender with a reportable conviction or adjudication
for a sexual offense in which the victim was a child shall not reside
within 1,000 feet of a school or child care facility.
(Ordinance 06-626, sec. 3, adopted 7/13/06; 2007 Code, sec. 28-125)
A person shall not intentionally, knowingly, recklessly or with
criminal negligence rent a residence located within 1,000 feet of
a school or child care facility to a sex offender.
(Ordinance 06-626, sec. 4, adopted 7/13/06; 2007 Code, sec. 28-126)
The following persons shall be exempt from the provisions of
this article:
(1)
A
sex offender who established a residence located within 1,000 feet
of a school or child care facility prior to the effective date of
this article.
(2)
A
sex offender residing within 1,000 feet of a school or child care
facility constructed after the effective date of this article.
(3)
A
sex offender incarcerated at a penal institution located within 1,000
feet of a school or child care facility.
(4)
A
sex offender who is under 17 years of age or a ward under a guardianship
residing within 1,000 feet of a school or child care facility.
(5)
A
person who hosts a sex offender as an overnight guest in a residence
located within 1,000 feet of a school or child care facility.
(6)
A
person responsible for the care or supervision of a sex offender who
is a minor or a ward under a guardianship who resides within 1,000
feet of a school or child care facility.
(7)
A
sex offender or person residing or employed in a facility governed
by the regulations of the state department of state health services,
the state department of family and protective services, the state
department of aging and disability services, the state health and
human services commission or the state board of criminal justice and
located within 1,000 feet of a school or day care facility.
(Ordinance 06-626, sec. 5, adopted 7/13/06; 2007 Code, sec. 28-127; Ordinance adopting 2022 Code)
For the purposes of this article, the distance between a residence
and a school or child care facility shall be measured from the property
line of the school or child care facility to the property line of
the residence.
(Ordinance 06-626, sec. 6, adopted 7/13/06; 2007 Code, sec. 28-128)
