The city council finds that registered sex offenders who are
required to register under Texas Code of Criminal Procedure, chapter
62, presents a threat to the health, safety, and welfare of the community.
It is the intent of this section to serve the city's interest to promote,
protect, and improve the health, safety, and welfare of the city citizens.
(Ordinance 092022-27 adopted 9/13/2022)
For the purpose of this article, the following terms, words,
and the derivations thereof shall have the meanings given below:
Child safety zone.
Any premises that is used as a school, licensed day-care
facility, private or public playground, public or private youth center,
public swimming pool, video arcade facility, public or private park,
or public library.
Day-care center.
A facility providing care, training, education, custody,
treatment, or supervision for five (5) or more children for less than
twenty-four (24) hours a day.
Minor.
Any person younger than seventeen (17) years of age.
Permanent residence.
A place where a person abides, lodges, or resides for fourteen
(14) or more consecutive days.
Premises where children commonly gather.
Includes and means all improved and unimproved areas on a
lot or tract of land where a public park, private or public school,
amusement arcade, baseball or softball field, indoor or outdoor amusement
center, amusement park, public or nonprofit swimming pool, water park,
child day-care center, public or nonprofit recreational facility,
playground, school, video arcade, or youth center is located, including
playgrounds, video arcades, and youth centers as defined in section
481.134 of Texas Health and Safety Code.
Recurring visitor.
A person, who on at least three (3) occasions during any
month, spends more than forty-eight (48) hours in the city.
Sex offender.
A person required to register or verify registration as a
sex offender with local law enforcement under the Texas Code of Criminal
Procedure, chapter 62.
Temporary residence.
A place where a person abides, lodges or resides for a period
of fourteen (14) or more days during any calendar year, and which
is not the person's permanent address, or a place where a person routinely
abides, lodges or resides for a period of four or more consecutive
or nonconsecutive days in a month and which is not the person's permanent
residence.
(Ordinance 092022-27 adopted 9/13/2022)
(a)
It is unlawful for a sex offender to establish a permanent residence
or temporary residence within 1,000 feet of any child safety zone.
(b)
A sex offender shall not on each October 30th and October 31st
(or any date set by the city for trick-or-treaters) between the hours
of 5:00 p.m. and 11:59 p.m. leave an exterior light on or otherwise
invite Halloween celebrants or trick-or-treaters to solicit the premises.
A sex offender shall be in their permanent or temporary residence
during these set hours with the exception of going to and coming from
a place of employment. Notice of an absence from the permanent or
temporary residence during these hours shall be reported to the sex
offender registrar employed with the city.
(c)
For the purposes of subsection
(a), measurement is made in a straight line, with or without regard to intervening structures or objects, from the nearest portion of the permanent or temporary residence to the nearest property line of the child safety zone.
(d)
It is a defense to prosecution under this section that a person
who has a permanent or temporary residence within 1,000 feet of a
child safety zone:
(1)
Is under 18 years of age and:
(A)
Resides with the person's parent or legal guardian; or
(B)
Has not been convicted of an offense after the effective date
of the ordinance from which this section derives that:
(i) Requires the person to register under article 62.001(5),
Texas Code of Criminal Procedure; and
(ii) Involves a victim or intended victim under 17
years of age.
(2)
Established a permanent or temporary residence and complied
with all sex offender registration laws of the state prior to the
effective date of the ordinance from which this article derives, and
has not been convicted of an offense after the effective date of the
ordinance from which this article derives, or the date the new child
safety zone is established, that:
(A)
Requires the person to register under article 62.001(5), Texas
Penal Code of Criminal Procedure; and
(B)
Involved a victim or intended victim under 17 years of age.
(3)
Established a permanent or temporary residence and complied
with all sex offender registration laws of the state prior to the
date a new child safety zone is established, and has not been convicted
of an offense after the effective date of the ordinance from which
this article is derived, or the date the new child safety zone is
established, that:
(A)
Requires the person to register under article 62.001(5), Texas
Code of Criminal Procedure; and
(B)
Involves a victim or intended victim under 17 years of age.
(Ordinance 092022-27 adopted 9/13/2022)
(a)
It is unlawful for a sex offender to knowingly or intentionally
go in, on, or within 1,000 feet of a child safety zone.
(b)
Upon discharge from community supervision or parole, it is a defense to prosecution under this section that, at the time a person prohibited from going in, on, or within a child safety zone pursuant to subsection
(a) went in, on or within the child safety zone:
(1)
Such person was the parent or legal guardian of a child 18 years
of age or younger who resides with the person; and
(2)
The child was on the premises of the child safety zone.
(c)
It is a defense to the prosecution under this section that the
person required to register on the database has been exempted by a
court order from registration as a sex offender under chapter 62,
Texas Code of Criminal Procedure.
(Ordinance 092022-27 adopted 9/13/2022)
Any person found guilty of violating this article shall be guilty
of a misdemeanor and upon conviction thereof shall be fined an amount
not to exceed the maximum amount allowed by law. Each day that a violation
exists shall constitute a separate offense.
(Ordinance 092022-27 adopted 9/13/2022)