(a)
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.
(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 677, sec. 1, adopted 6/13/06)
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 place where the person abides, lodges or resides for 14
or more consecutive days.
A place where the 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 address, or a place
where the person routinely abides, 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 677, sec. 2, adopted 6/13/06)
(a)
It
is unlawful for any person who has been convicted of a violation of
article 43.25 Penal Code, article 43.26 Penal Code, article 21.08
Penal Code, article 21.11 Penal Code, article 22.011 Penal Codes,
article 22.021 Penal Code and article 25.02 Penal Code, regardless
of whether the adjudication was deferred, in which the victim of the
offence was less than sixteen (16) years of age, to establish a permanent
residence or temporary residence within 1,000 feet of any premises
where children commonly gather, including but not limited to, a school,
day-care facility, playground, public or private youth center, public
swimming pool, or video arcade facility, as those terms are defined
in article 481.134 of the Health and Safety Code of the state.
(b)
For
the purpose of determining the minimum distance separation, the distance
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.
(c)
Penalties.
Any person, firm or corporation who violates
this section shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not to exceed five hundred and
no/100’s dollars ($500.00).
(d)
Exceptions.
A person residing within 1,000 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 1,000 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.
(Ordinance 677, sec. 3, adopted 6/13/06)
(a)
It
is unlawful to let or rent any 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 1,000 feet of any premises where children commonly
gather, including but not limited to, a school, day-care facility,
playground, public or private youth center, public swimming pool,
or video arcade facility, as those terms are defined in article 481.134
of the Health and Safety Code of the state.
(b)
Penalties.
Any person, firm or corporation who violates
this section shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not to exceed five hundred and
no/100’s dollars ($500.00).
(Ordinance 677, sec. 4, adopted 6/13/06)
