For the purpose of this article the following terms have the
definitions herein ascribed to them:
Any person under the age of seventeen (17).
Premises where children commonly gather, regardless of whether
they are inside or outside the Town of Northlake limits, and includes:
Any school whether public, private or religiously affiliated;
and
Public libraries, amusement arcades, video arcades, indoor and
outdoor amusement centers, amusement parks, public or commercial and
semi-private swimming pools, child-care facilities, public or private
youth sports athletic fields, crisis centers or shelters, skate parks
or rinks, public or private youth centers, movie theaters, bowling
alleys, conservation areas, jogging trails, equestrian trails, hiking
trails, bicycle trails, recreational centers, public playgrounds,
and scouting facilities.
A facility licensed, certified, or registered by the Texas
Department of Family and Protective Services to provide assessment,
care, training, education, custody, treatment, or supervision for
a child who is not related by blood, marriage, or adoption to the
owner or operator of the facility, for all or part of the 24-hour
day, whether or not the facility is operated for profit or charges
for the services it offers.
The Texas Department of Public Safety's Sex Offender
Database pursuant to the Sex Offender Registration and Notification
Act, Texas Code of Criminal Procedure, chapter 62, or the sex offender
registration files maintained by the sex offender registration officer
of the police department.
A holiday, typically celebrated but not limited to October
31st, when children and their families go door-to-door to collect
candy or treats.
A place where a person abides, lodges, or resides for twelve
(12) or more consecutive days.
A person who is required to register as a sex offender under
the Sex Offender Registration and Notification Act, Texas Code of
Criminal Procedure, chapter 62 because of an offense involving a child.
Either a place where a person abides, lodges, or resides
for a period of 12 or more days during any calendar year, and 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 any month and which is not the person's
permanent address.
(Ordinance 23-0608B adopted 6/8/2023)
(a)
It is unlawful for a sex offender to establish a permanent or
temporary residence within 1,000 feet of a child safety zone.
(b)
This section applies to all sex offenders, as defined by this
article, regardless of the individual's reported risk level or
whether the individual has been assigned a reported risk level.
(Ordinance 23-0608B adopted 6/8/2023)
(a)
No person shall sublet or rent any place, structure or part
thereof, manufactured home, trailer, or any 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 according 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 from a child safety
zone.
(b)
It shall be unlawful for a sex offender to have an outdoor street-facing
light(s) aglow or hand out treats during Halloween.
(Ordinance 23-0608B adopted 6/8/2023)
At least seven (7) days prior to establishing permanent or temporary
residence in the town, a sex offender shall notify the town's police
department in writing and provide the following information:
(1)
The name of the registered sex offender; and
(2)
The address of the residence to which the person intends to
move.
(Ordinance 23-0608B adopted 6/8/2023)
To determine the minimum distance separation, the requirement
shall be measured by following a straight line from the outer portion
of the property line of the permanent or temporary residence to the
nearest property line of the premises where children commonly gather,
or, in the case of multiple residences on one property, measuring
from the nearest property line of the premises to the nearest property
line of the child safety zone.
(Ordinance 23-0608B adopted 6/8/2023)
(a)
Neither allegation nor evidence of a culpable mental state is
required for the proof of an offense defined by this article.
(b)
It shall be prima facie evidence that this article applies to
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.
(c)
All of the following are affirmative defenses to a violation
of this article:
(1)
The person required to register on the database established
the permanent or temporary residence and has complied with all of
the sex offender registration laws of the state, before the date of
the adoption of this article;
(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 on the database is a minor,
as defined by Texas Penal Code;
(4)
The premises where children commonly gather, as specified herein,
within 1,000 feet of the permanent or temporary residence was opened
after the person established the permanent or temporary residence
and the person has complied with all sex offender registration laws
of the state; or
(5)
The information on the database is incorrect, and, if corrected,
this section would not apply to the person who was incorrectly or
improperly listed on the database.
(Ordinance 23-0608B adopted 6/8/2023)
(a)
A sex offender may appeal the application of the requirements
of this article by filing a letter of appeal with the town secretary.
(b)
An appeal may be granted only when special circumstances arise
and the following procedures are followed:
(1)
The individual appealing the applicability of this article provides
a written and notarized letter of appeal, along with any supporting
documentation, to the town secretary;
(2)
The town secretary forwards the submitted documentation to the
town council, town manager, and chief of police;
(3)
The chief of police conducts a review, during which he or she
may review any pertinent information and may accept oral and written
statements from any person;
(4)
Following the review, the chief of police will approve or deny
the appeal; if an exemption is granted, it may be unconditional or
limited to a certain address and/or period of time; and
(5)
The judgment made by the chief of police shall be final.
(c)
It is not required that the letter of appeal contain any information
considered confidential by law.
(d)
Examples of special circumstances in support of an appeal may
include, but are not limited to, staying with family due to medical
problems, natural disasters, or court-ordered housing assignment.
(Ordinance 23-0608B adopted 6/8/2023)
