The city council finds that sex offenders who are required to
register as a sexual predator under V.T.C.A., Texas Code of Criminal
Procedure, chapter 62, present an extreme threat to the health, safety,
and welfare of children. It is the intent of this section to serve
the city’s compelling interest to promote, protect and improve
the health, safety and welfare of the citizens of the city by creating
areas around locations where children regularly congregate in concentrated
numbers wherein certain registered sex offenders and sexual predators
are prohibited from loitering or prohibited from establishing temporary
or permanent residency.
(Ordinance 2012-05 adopted 2/7/12)
For the purposes of this section, the following terms, words
and the derivations thereof shall have the meaning given herein.
Any person under the age of seventeen (17).
A family day care home which provides regular care to no
more than four (4) children under fourteen (14) years of age, excluding
children related to the caretaker, and provides care after school
hours for not more than six (6) additional elementary school children,
but the total number of children, including those related to the caretaker,
shall not exceed twelve (12) at any given time.
A commercial day care center, provides regular care to any
number of adults or children for less than twenty-four (24) hours
a day.
Public parks, private and public schools, public library,
amusement arcades, video arcades, indoor and outdoor amusement centers,
amusement parks, public or commercial and semi-private swimming pools,
child care facility, child care institution, public or private youth
soccer or baseball fields, crisis center or shelter, skate park or
rink, public or private youth center, movie theater, bowling alley,
scouting facilities and offices for child protective services.
The state department of public safety’s sex offender
database or the sex offender registration files maintained by the
sex offender registration officer of the city’s police department.
Standing, sitting idly, whether or not the person is in a
vehicle or remaining in or around the area.
One of the following:
Any land, including improvements to the land that is administered,
operated or managed by the city for the use of the general public
as a recreational area.
City recreational areas include, but are not limited to, conservation
area, jogging trail, hiking trail, bicycle trail, recreation center,
water park, swimming pool, soccer field or baseball field.
A place where the person abides, lodges or resides for 14
or more consecutive days.
Same as child safety zone.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, shopping
centers, parking lots, transportation facilities, restaurants, shops
and similar areas that are open to the use of the public.
A private or public preschool, private or public elementary
school or private or public secondary school.
An individual who has been convicted of or placed on deferred
adjudication for a sexual offense involving a person under seventeen
(17) years of age for which the individual is required to register
as a sex offender under chapter 62, Texas Code of Criminal Procedure.
A square shape display made of wood, plastic or other material
being no smaller than two feet in width by two feet in length with
white backing and black lettering visible at all times from the nearest
pubic roadway that states as follows:
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“A REGISTERED SEX OFFENDER LIVES HERE.”
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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 the person routinely abides, lodges or resides 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 2012-05 adopted 2/7/12; Ordinance 2015-10 adopted 12/1/15)
(a)
It is
an offense for a sex offender to establish a permanent residence or
temporary residence within one thousand (1,000) feet of the real property
comprising a school, child care facility, child care institution,
park or playground or other places where children regularly congregate.
(b)
It is
an offense for a sex offender to knowingly enter a child safety zone.
(c)
It is
an offense for a sex offender to knowingly loiter on a public way
within 300 feet of a child safety zone.
(d)
A sex
offender, shall not, on each October 30th and 31st (or any other date
set by the city for trick-or-treaters) between the hours of 4:00 p.m.
and 11:00 p.m., leave an exterior porch light on or otherwise invite
trick-or-treaters to solicit the premises.
(Ordinance 2012-05 adopted 2/7/12)
It is unlawful to let 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 pursuant to the terms of this chapter, if such
place, structure, or part thereof, manufactured home, trailer, or
other conveyance is located within 1,000 feet from a child safety
zone, as defined in Section 8.802.
(Ordinance 2012-05 adopted 2/7/12)
(a)
If a sex
offender that is prohibited from being in a child safety zone is found
in a child safety zone by a police officer, the sex offender is subject
to punishment in accordance with this article.
(b)
It shall
be prima facie evidence that this section applies to such a person
if that person’s record appears in/on the database and the database
indicated that the victim was less than seventeen (17) years of age.
(c)
The distance
of the three hundred (300) feet from a child safety zone shall be
measured on a straight line from the closest boundary of the child
safety zone.
(d)
The distance
of one thousand (1,000) feet from any place where children congregate
shall be measured on a straight line from the closest boundary line
of the sex offender’s residence to the closest boundary line
of the school, child care facility, child care institution, park or
playground or other places where children regularly congregate.
(e)
In the
case of multiple residences on one property, measuring from the nearest
property line of the residences to the nearest property line of the
school, child care facility, child care institution, park or playground
or other places where children regularly congregate.
(f)
In case
of a dispute over measured distances, it shall be incumbent upon the
person(s) challenging the measurement to prove otherwise.
(g)
A map
depicting the prohibited areas shall be created by the city and maintained
by the city’s police department. The city shall review the map
annually for changes. Said map will be available to the public at
the city’s police department or available on the city’s
website or the city’s police department website.
(Ordinance 2012-05 adopted 2/7/12)
(a)
The person
required to register in/or the database established the permanent
residence or temporary residence and residency prior to the adoption
of this article has been consistently maintained and the person has
complied with all of the sex offender registration laws of the state,
prior to the date of the adoption of this article;
(b)
The place
where children regularly congregate, as specified herein, within one
thousand (1,000) feet of the permanent or temporary residence of the
person required to register on/in the database was opened after the
person established the permanent or temporary residence and complied
with all sex offender registration laws of the state;
(c)
The information
on/in the database is incorrect, and, if corrected, this section would
not apply to the person who was erroneously listed on/in the database;
(d)
The person
required to register on/in the database was a minor when he or she
committed the offense requiring such registration and was not convicted
as an adult;
(e)
The person
required to register is required to serve a sentence at a jail, prison,
juvenile facility or other correctional institution located within
one thousand (1,000) feet of the real property comprising a school,
child care facility, child care institution, park or playground or
other places where children regularly congregate;
(f)
The person
required to register is under eighteen (18) years of age or a ward
under a guardianship, who resided with a parent or guardian;
(g)
The person
required to register has been exempted by a court order from registration
as a sex offender under chapter 62, Texas Code of Criminal Procedure;
(h)
The person
required to register has had the offense for which the sex offender
registration was required, reversed on appeal or pardoned;
(i)
The person’s
duty to register on/in the database has expired; or
(j)
Nothing
in this provision shall require any person to sell or otherwise dispose
of any real estate or home acquired or owned prior to the conviction
of the person as a sex offender.
(Ordinance 2012-05 adopted 2/7/12)
(a)
Any person
who has been convicted of a violation of Texas Penal Code, articles
21.08, 21.11, 22.011, 22.021, 25.02, and 43.25 regardless of whether
the adjudication was deferred, in which the victim of the offense
was less than 16 years of age and is required to register with the
state under the state registration provisions of Texas Code of Criminal
Procedure, section 62.02 shall place and permanently maintain a sign
within 20 feet of the front entrance to their permanent or temporary
residence that indicates that a registered sex offender resides in
the residence. The sign’s legibility must be maintained at all
times.
(b)
Exceptions.
A person is exempt from this provision, and does not commit
a violation if this article if any of the following apply:
(1)
The
person committed the offense described above prior to the date of
adoption of this article and has complied with all the sex offender
registration laws of the state;
(2)
The
person established the permanent or temporary residence prior to the
date of adoption of this article and has complied with all the sex
offender registration laws of the state;
(3)
The
person was a minor when he/she committed the offense as was not convicted
as an adult; and
(4)
The
person is a minor.
(c)
Penalty.
Any person who shall violate any provision of this section shall
be guilty of a misdemeanor punishable by a fine of not exceeding two
thousand dollars ($2,000.00).
(Ordinance 2015-10 adopted 12/1/15)
Any person, firm, corporation, agent or employee thereof who
violates any of the provisions of this article shall be guilty of
a misdemeanor and upon conviction thereof may be fined an amount not
to exceed $2,000.00 as allowed by law. Each day that a violation is
permitted to exist shall constitute a separate offense and shall be
punishable as such.
(Ordinance 2012-05 adopted 2/7/12)
