(1) 
Findings and intent.
That repeat sexual offenders, sexual offenders that use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses and most sexual offenders commit many offences, 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. It is the intent of this ordinance 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.
(2) 
Definitions.
For the purposes of this article, the following terms, words, and derivations thereof shall have the meanings given herein.
a. 
Minor.
A minor is a person younger than 18 years of age.
b. 
Permanent residence.
A place where a person abides, lodges or resides for 14 or more days.
c. 
Premises where children commonly gather.
Public parks, private and public schools, amusement arcades, video arcades, indoor and outdoor amusement centers, amusement parks, public, commercial and semi-private swimming pools, and child day care centers, as such terms are defined in the Comprehensive Zoning Ordinance of the City of Richland Hills. For purposes of this article, planted street medians are not public parks
d. 
Temporary residence.
Either a place where a person abides, 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 residence, or a place where a person routinely abides, resides or lodges for a period of four or more consecutive or non-consecutive days in any month and which is not the person's permanent residence.
(Ord. No. 1064-06, § 1, 8-22-2006)
(a) 
Offenses.
It is unlawful for any person required to register on the Texas Department of Public Safety's Sex Offenders Database (the "database") because of a violation involving a victim who was less than 17 years of age to establish a permanent residence or temporary residence within 1,500 feet of any premises where children commonly gather, as defined in this article.
(b) 
Evidentiary matters; measurements.
(1) 
It shall be prima facie evidence that this section applies to such a person if that person's record appears on the database and the database indicates that the victim was less than 17 years of age.
(2) 
For the purposes of determining the minimum distance separation, the requirement shall be measured as follows:
a. 
For residences which are single-family residences as defined in the Comprehensive Zoning Ordinance of the City of Richland Hills, by following a straight horizontal line from the outer property line of the lot on which the permanent or temporary residence is located to the nearest property line of the premises where children commonly gather, as defined in this article; or
b. 
For residences which are multi-family residences as defined in the Comprehensive Zoning Ordinance of the City of Richland Hills, by following a straight horizontal line from the closest door of the residence to the nearest property line of the premises where children commonly gather, as defined in this article.
c. 
A map depicting the prohibited areas shall be maintained by the Chief of Police of the City of Richland Hills. The city shall review the map at least annually for changes. Said map will be available to the public at the Richland Hills Police Department.
(c) 
Culpable mental state not required.
Neither allegation nor evidence of a culpable mental state is required for proof of an offense under this section.
(Ord. No. 1064-06, § 1, 8-22-2006)
(a) 
It is unlawful to lease, rent, or otherwise provide any residence, dwelling, place, structure or part thereof, manufactured home, trailer, or 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 article, if such place, structure or part thereof, manufactured home, trailer, or other conveyance, is located within 1,500 feet of any premises where children commonly gather, as defined in this article.
(b) 
The determination of the distance between the residence described in this section and the premises where children commonly gather, as defined in this article shall be measured as provided in this article.
(Ord. No. 1064-06, § 1, 8-22-2006)
It is an affirmative offense to prosecution under this article that any of the following conditions apply:
(1) 
The person required to register on the database established the permanent or temporary residence prior to the date of the adoption of this ordinance and has complied with all of the sex offender registration laws of the State of Texas.
(2) 
The person required to register on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(3) 
The person required to register to the database is a minor.
(4) 
The premises where children commonly gather, as specified herein, within 1,500 feet of the permanent or temporary residence of the person required to register on the database was opened after the person established the permanent or temporary residence and the person required to register on the database has complied with all sex offender registration laws of the State of Texas.
(5) 
The information in the database is incorrect, and, if corrected, this section would not apply to the person who was erroneously listed on the database.
(6) 
The premises where children commonly gather, as described herein above, that is within 1,500 feet of the residence of the person required to register on the database was built, opened or created after the person required to register on the database established their residence in question.
(Ord. No. 1064-06, § 1, 8-22-2006)