(a) 
Repeat sexual offenders, sexual offenders that use physical violence and sexual offenders who prey on children present an extreme threat to the public safety. Sexual offenders are likely to use physical violence and to repeat their offenses and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at-large, while incalculable, clearly exorbitant.
(b) 
It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens, particularly children, by prohibiting certain sexual offenders from establishing temporary or permanent residence in certain areas where children are known to regularly congregate and to restrict certain sexual offenders access to parks, public swimming pools, child-care facilities, public or private youth centers, and video arcade facilities.
(Ordinance O-08-18 adopted 4/9/2018; 1997 Code, sec. 132.01)
The following 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:
Child or children.
Any person(s) less than seventeen (17) years of age.
Child-care facility.
As defined by Texas Human Resources Code section 42.002, and shall include a foster home, a foster group home, a day-care center, a group day-care home, an agency foster group home, and an agency foster home, also defined by Human Resources Code section 42.002.
Child safety zone.
Private and public preschools, primary and secondary schools, public libraries, amusement arcades, video arcades, indoor and outdoor amusement centers, parks, amusement parks, public or commercial and semi-private swimming pools, child-care facilities, public youth soccer or baseball fields, skate parks or rinks, public or private youth centers, movie theaters, bowling alleys, or offices for child protective services.
Convicted or conviction.
A judicial determination of guilt or a judicial finding of sufficient evidence of guilt, which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A conviction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including a court-martial conducted by the armed forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in any sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, controlled release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility.
Legal guardian or guardian.
The biological or adoptive parent of a child, or a person who is responsible for the care and maintenance of said child pursuant to state statutes or similar laws of another jurisdiction.
Loiter.
Standing or sitting idly, whether in a vehicle or not, in and around an area.
Minor.
A minor is a person younger than seventeen (17) years of age.
Park.
Any land, including improvements to the land, that is administered, operated, or managed by the City of Jacksboro, County of Jack, or Jacksboro Independent School District, State of Texas, or U.S. government for the use of the public as a recreational area, as well as any land, including improvements to the land, which is privately owned and used frequently by children.
Permanent residence.
A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
Reside or residence.
To have a place of permanent or temporary residence.
School.
A public or private kindergarten, elementary, middle or secondary (high) school.
Sexual offender.
Any person required to register on the state department of public safety's sex offender database because of a violation involving a victim who was less than seventeen (17) years of age as required by chapter 62, Texas Code of Criminal Procedure.
Sexual offense.
A conviction under section 21.08, section 21.11, section 22.011, section 22.021, section 25.02, section 43.05, section 43.25 or section 43.26, Texas Penal Code, or similar law of another jurisdiction in which the victim of the sexual offense was less than seventeen (17) years of age.
Temporary residence.
A place where the 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 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 O-08-18 adopted 4/9/2018; 1997 Code, sec. 132.02)
(a) 
Prohibition.
It is unlawful for any person who has been convicted of a violation of section 21.08, section 21.11, section 22.011, section 22.021, section 25.02, section 43.05, section 43.25 or section 43.26, Penal Code, Texas Statutes, regardless of whether the adjudication was deferred, in which the victim of the offense was less than seventeen (17) years of age, to establish a permanent or temporary residence within 1,000 feet of any premises where children are known to regularly congregate, including but not limited to a school or school athletic facility, day-care facility, park, public or private youth center, public swimming pool, or video arcade facility, as those terms are defined in section 481.134, Health and Safety Code, Texas Statutes.
(b) 
Measurement of distance.
The 1,000-foot distance shall be measured in a straight line from the outer boundary of the real property that comprises a sexual offender's residence to the nearest boundary line of any premises where children are known to regularly congregate, including but not limited to a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility. The distance may not be measured by a pedestrian route or automobile route, but instead by the shortest distance between the two points.
(c) 
Map.
The planning and zoning department shall develop and update as needed a map of known locations where children regularly congregate, including but not limited to a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility. This map shall be used by the police department and made available to sexual offenders during the registration process. The revision date of the map used during the registration process of each sexual offender shall be maintained by the police department, ensuring the exception in subsection (e)(4) below, as locations are updated on the map.
(d) 
Culpability.
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this section.
(e) 
Exceptions.
A person residing within 1,000 feet of those places where children are known to regularly congregate, as specified herein, does not commit a violation of this article if any of the following apply:
(1) 
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.
(2) 
The person was a minor when he/she committed the offense and was not convicted as an adult.
(3) 
The person is a minor.
(4) 
The premises where children are known to regularly congregate, as specified herein, within 1,000 feet of the person's residence was opened after the person established the permanent or temporary residence, and the person has complied with all the sex offender registration laws of the state.
(5) 
Is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution located within 1,000 feet of those places where children are known to regularly congregate.
(6) 
Has been exempted by a court order from registration as a sex offender under chapter 62, Texas Code of Criminal Procedure.
(7) 
Has had the offense for which the sex offender registration was required, reversed on appeal, or pardoned.
(f) 
Effect of conviction of subsequent offense.
Subsections (e)(1) and (e)(4) above shall not apply to a sexual offender who is convicted of a subsequent offense as an adult after residing at an established permanent or temporary residence within 1,000 feet of where children are known to regularly congregate, as specified herein.
(Ordinance O-08-18 adopted 4/9/2018; 1997 Code, sec. 132.03)
(a) 
It is unlawful for a sexual offender convicted of a sexual offense, as defined in section 8.05.003(a), to knowingly be present in a public park or swimming pool, when a child under the age of seventeen (17) years is present, unless the sexual offender is the parent or legal guardian of a child present in the park or swimming pool.
(b) 
It is unlawful for a sexual offender convicted of a sexual offense, as defined in section 8.05.003(a), to knowingly enter or remain at a child-care facility or on its premises unless the sexual offender:
(1) 
Is dropping off or picking up a child registered at the facility and is the parent or legal guardian of said child.
(2) 
Remains under the supervision of a facility supervisor or his/her designee while on the facility premises.
(c) 
It is unlawful for a sexual offender convicted of a sexual offense, as defined in section 8.05.003(a), to knowingly be present in a public or private youth center or video arcade facility when a child under the age of seventeen (17) years is present, unless the sexual offender is the parent or legal guardian of a child present in the center or facility.
(Ordinance O-08-18 adopted 4/9/2018; 1997 Code, sec. 132.04)
(a) 
A person who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed five hundred dollars ($500.00) for each offense, and each day such violation shall continue or exist shall be deemed a separate offense.
(b) 
The penal provisions imposed under this section shall not preclude the city from filing suit to enjoin a violation of this article. The city shall retain all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance O-08-18 adopted 4/9/2018; 1997 Code, sec. 132.05)
Pursuant to section 54.016 of the Texas Local Government Code, the city may obtain against any person in violation of section 8.05.003 (Residence prohibition; exceptions) a temporary or permanent injunction together with attorneys' fees and court costs, as appropriate, that:
(1) 
Prohibits any conduct that violates any provision of this article that relates to any matter specified above; or
(2) 
Compels the specific performance of any action that is necessary for compliance with any provision of this article that relates to any matter specified above.
(Ordinance O-08-18 adopted 4/9/2018; 1997 Code, sec. 132.06)