(a)
The
city council finds that repeat sexual offenders, sexual offenders
who use physical violence and sexual offenders who prey on children
are sexual predators who present an extreme threat to the health,
safety, and welfare of children. Sexual offenders are extremely likely
to use physical violence and to repeat their offense 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 of the city by creating areas around locations where
children regularly congregate in concentrated numbers wherein certain
sexual offenders and sexual predators are prohibited from establishing
temporary or permanent residences.
(Ordinance 0705001, sec. 1 (12-151),
adopted 5/1/2007)
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:
A facility which provides care, training, education, custody,
or supervision for at least seven (7) children who are not related
by blood, marriage, or adoption to the owner or operator of the facility,
for part of the 24-hour day, at least three (3) days per week, whether
or not the facility is operated for profit or charges for the services
it offers.
Any outdoor facility located on public property that is intended
for recreation and is open to the public.
A place where a person abodes, lodges, or resides for 14
or more consecutive days.
Any recreational facility or gymnasium that:
A private, public, or charter elementary or secondary school.
A person who on at least three (3) occasions during any month
spends more than 48 consecutive hours in the city.
A place where the person abodes, lodges, or resides for a
period of 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 abodes, resides, or lodges for a period of 4
or more consecutive or nonconsecutive days in any month and which
is not the person’s permanent residence.
(Ordinance 0705001, sec. 1 (12-152),
adopted 5/1/2007)
(a)
If
a person is required by chapter 62 of the Texas Code of Criminal Procedure
to register with a local law enforcement agency 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,
establish a temporary residence, or be a recurring visitor at a residence
located within 2,000 feet of any premises where children commonly
gather, including but not limited to a school, day care center, playground,
public or private youth center, public swimming pool, or video arcade
facility, as those terms are defined in sections 341.064 and 481.134
of the Health and Safety Code of the state and section 42.002 of the
Human Resources Code of the state.
(b)
For
the purpose 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 where children commonly gather, as described
herein, or, in the case of multiple residences on one property, measuring
from the nearest wall of the building or structure occupied or the
parking/driveway, whichever is closer to the nearest property line
of the premises where children commonly gather as described herein.
A map generally depicting the prohibited areas or zones is attached
to Ordinance 0705001 for representation purposes. The city shall review
this map at least annually for changes and make such map available
for public inspection at the city police department.
(c)
In
cases of a dispute over measured distances, it shall be incumbent
upon the person(s) challenging the measurement to prove otherwise.
(d)
Any
person, firm, or corporation that violates this article shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished by
a fine in accordance with the general penalty section of the Code
of Ordinances.
(e)
Nothing in this article shall be interpreted to modify or reduce the state’s child safety ban. A person, as described in subsection (a), residing [within] 2,000 feet of those places where children commonly gather, 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 and has
complied with all the sex offender registration laws of the state
prior to the date of the adoption of this article;
(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 commonly gather, as specified herein,
within 2000 feet of the person’s permanent or temporary residence
was opened after the person established the permanent or temporary
residence and complied with all sex offender registration laws of
the state; or
(5)
The person proves that the information on the database is incorrect
and that, if corrected, this article would not apply to the person.
(Ordinance 0705001, sec. 1 (12-153),
adopted 5/1/2007)
Any violation of this article may be enjoined by a suit filed
in the name of the city in a court of competent jurisdiction, and
this remedy shall be in addition to any penal provision in this article
or in the Code of Ordinances of the city.
(Ordinance 0705001, sec. 1 (12-154),
adopted 5/1/2007)
Any person who shall intentionally, knowingly, recklessly, or
with criminal negligence violate any provision contained in this article
shall be deemed guilty of a misdemeanor, and upon conviction shall
be fined in an amount not to exceed $2,000.00. Each day of violation
shall constitute a separate offense.
(Ordinance 0705001, sec. 2, adopted 5/1/2007)
