The city council finds that sex offenders who are required to register as a sexual predator under chapter 62 of the Texas Code of Criminal Procedure present an extreme threat to the health, safety, and welfare of children. 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 registered sex offenders and sexual predators are prohibited from loitering or prohibited from establishing temporary or permanent residency.
(Ordinance 661-19 adopted 4/23/19; Ordinance 805-23 adopted 9/28/2023)
For purposes of this article, the following terms, words, and the derivations thereof shall have the meaning given herein unless the context clearly indicates a different meaning.
Child.
Any person under the age of 17.
Child care facility.
A family day care home which provides regular care to no more than four children under 14 years of age, excluding children related to the caretaker, and provides care after school hours for not more than six additional children but the total number of children, including those related to the caretaker, shall not exceed 12 at any given time.
Child care institution.
A commercial day care center that provides regular care to any number of children for less than 24 hours a day.
Child safety zone.
Premises where children commonly gather. The term includes facilities that regularly hold events primarily for children such as public parks, private and public schools, school bus stops, public libraries, amusement arcades, video arcade facilities, indoor and outdoor amusement centers, amusement parks, public or commercial and semi-private swimming pools or playgrounds, child care facilities, child care institutions, public or private youth soccer, baseball or other sports fields/facilities, crisis centers or shelters, skate parks or rinks, public or private youth centers, movie theaters, bowling alleys, scouting facilities, city recreation areas, and offices for child protective services.
Database.
The Texas Department of Public Safety's Sex Offender Database or the sex offender registration files maintained by the sex offender registration officer of the Aubrey Police Department.
Loiter.
Standing or sitting idly, whether or not the person is in a vehicle or remaining in or around an area.
Park.
Any of the following:
(1) 
Any land, including improvements to the land that is administered, operated, or managed by the city or a homeowners' association for the use of the general public as a recreational area.
(2) 
City recreational areas include, but are not limited to, conservation area, jogging trail, hiking trail, bicycle trail, recreational center, water park, swimming pool, soccer field, baseball field, football field, or other recreational field or facility.
Permanent residence.
A place where the person abides, lodges, or resides for 14 or more days in a twelve-month period of time, but does not include a jail, prison, juvenile facility, or other correctional institution.
Place where children regularly congregate.
Has the same meaning as child safety zone.
Playground, premises, school, and youth center.
All have the meanings assigned by section 481.134 of the Texas Health and Safety Code (as amended).
Public way.
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, shopping centers, parking lots, transportation facilities, restaurants, shops, and similar areas that are open to the use of the public.
School bus stop.
Any area designated by the Aubrey Independent School District or Denton Independent School District as a school bus stop for the purpose of boarding and debarking from a school bus.
Sex offender.
An individual who has been convicted of or placed on deferred adjudication for a sexual offense for which the individual is required to register as a sex offender under chapter 62, Texas Code of Criminal Procedure.
Video arcade facility.
Has the meanings assigned by section 481.134 of the Texas Health and Safety Code (as amended) and Texas Code of Criminal Procedure Art. 42A.453 (as amended). To the extent of any conflict between those statutory definitions, the more recently enacted provisions shall be deemed controlling.
(Ordinance 661-19 adopted 4/23/19; Ordinance 805-23 adopted 9/28/2023)
(a) 
It is an offense for a sex offender to establish a permanent residence or temporary residence within 1,500 feet of any boundary of the real property comprising a child safety zone.
(b) 
It is an offense for a sex offender to enter a child safety zone.
(c) 
It is an offense for a sex offender to loiter on a public way within 300 feet of a child safety zone.
(d) 
It is an offense for a sex offender to leave an exterior porch light on or otherwise invite trick-or-treaters to solicit the premises on each October 30th and 31st and any other date set by the city for trick-or-treating events.
(Ordinance 661-19 adopted 4/23/19; Ordinance 805-23 adopted 9/28/2023)
It is unlawful to let or rent any real property, place, structure or part thereof, manufactured home, trailer, or any other conveyance, with 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 real property, place, structure or part thereof, manufactured home, trailer, or other conveyance is located within 1,500 feet of a child safety zone.
(Ordinance 661-19 adopted 4/23/19; Ordinance 805-23 adopted 9/28/2023)
(a) 
The police department shall maintain a map that shows the distance of 1,500 feet from the child safety zones within the city.
(b) 
If a sex offender that is prohibited from being in a child safety zone is found in a child safety zone by a police officer, the sex offender is subject to punishment in accordance with this article.
(c) 
It shall be prima facie evidence that this article applies to a sex offender if that person's record appears in/on a sex offender registry database as that term is defined in this article.
(d) 
The distanced of 300 feet from a child safety zone shall be measured on a straight line from the closest boundary of the child safety zone.
(e) 
The distance of 1,500 feet from a child safety zone shall be measured on a straight line from the closest boundary line of the sex offender's residence to the closest boundary line of the child safety zone.
(f) 
In the case of multiple residences on one property, measuring the nearest property line of the residences to the nearest property line of the school, child care facility, child care institution, park, playground, or other place where children regularly congregate.
(g) 
In cases of a dispute over measured distances, the city's measurement shall be prima facie evidence of a correct measurement, and it shall be the burden of the person(s) challenging the city's measurement to rebut the presumption of correctness.
(h) 
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by section 8.08.003 of this article.
(Ordinance 661-19 adopted 4/23/19; Ordinance 805-23 adopted 9/28/2023)
(a) 
The permanent and temporary residency restrictions established under this article do not apply to a person required to register in/on the database if the person established the permanent residence or temporary residence prior to July 21, 2015 which is the date of the first adoption of a sex offender residency prohibition ordinance in the city.
(b) 
The permanent and temporary residency restrictions established under this article do not apply if the sex offender established the permanent or temporary residence and complied with all sex offender registration laws of the state and maintained residency continuously prior to the establishment of the land use resulting in a child safety zone being within 1,500 feet of the sex offender's residence.
(c) 
The permanent and temporary residency restrictions and loitering restrictions established under this article do not apply to a person if the information on/in the database regarding such person is incorrect, and, if corrected, this article would not apply to the person who was erroneously listed on/in the database.
(d) 
The permanent and temporary residency restrictions and loitering restrictions established under this article do not apply to a person required to register on/in the database who was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(e) 
The permanent residency restrictions established under this article do not apply to a person required to register as a sex offender who is under 18 years of age or a ward under guardianship who permanently and continuously resides with a parent or guardian.
(f) 
The permanent and temporary residency restrictions and loitering restrictions established under this article do not apply to a person required to register if the person has been exempted by a court order from registration as a sex offender under chapter 62, Texas Code of Criminal Procedure.
(g) 
The permanent and temporary residency restrictions and loitering restrictions established under this article do not apply to a person required to register if the person has had the offense for which the sex offender registration was required reversed on appeal or pardoned.
(h) 
The permanent and temporary residency restrictions and loitering restrictions established under this article do not apply to a person if the person's duty to register on/in the database has expired.
(i) 
Nothing in this article shall require any person to sell or otherwise dispose of any real estate or home acquired or owned prior to the conviction of the person as a sex offender.
(Ordinance 661-19 adopted 4/23/19; Ordinance 805-23 adopted 9/28/2023)
It is an affirmative defense to prosecution under this article that the registered sex offender was in, on, or within a prohibited distance of a child safety zone for a legitimate purpose, including transportation of a child that the registered sex offender is legally permitted to be with, transportation to and from work, and other work-related purposes.
(Ordinance 661-19 adopted 4/23/19; Ordinance 805-23 adopted 9/28/2023)
(a) 
A registered sex offender may apply for an exemption from this article if and only if the person established residency in a residence located within the prohibited proximity to a child safety zone before the date the ordinance was adopted granted that the sex offender was not convicted of being in violation of Ordinance No. 569-15 or Ordinance No. 661-19 (the city's two predecessor sexual offender residency requirement ordinances).
(b) 
An application form for an exemption can be obtained from the city's police department. To qualify for an exemption, the application form must be fully completed and accompanied by the following related documentation:
(1) 
A copy of the current and valid government-issued picture identification card for the applicant;
(2) 
A copy of all final judgments which required the applicant to be listed on the sex offender registry;
(3) 
A copy of all court orders, probation rules/restrictions, parole rules/restrictions, community supervision rules/restrictions, plea agreements, deferred prosecution/adjudication/disposition terms, and any other documents imposing limitations of any kind on the activities or residence of the applicant during the time period that the applicant is required to be listed on the sex offender registry;
(4) 
A comprehensive and detailed list of all areas for which the applicant seeks an exemption from this article;
(5) 
An aerial or satellite photograph of the residence for which the exemption is requested depicting an area of no less than 2,000 feet in all directions from the residence;
(6) 
Documentation evidencing the date on which the applicant established residency in the place at issue; and
(7) 
A notarized statement or other document sworn under penalty of perjury declaring that all representations made by the applicant in the application form or accompanying materials are true and correct.
(c) 
Upon receipt of an application and supporting documentation, the police department's designee shall review the contents of the application for accuracy and completeness in consultation with the city attorney. Incomplete applications shall be denied.
(d) 
The police department's designee shall issue a written determination of approval or denial of the application for an exemption under this subsection once verification of the supplied information is complete. A denial of an exemption application may be appealed by the applicant if a written appeal is submitted to the police chief within 5 business days from the day the denial was issued. The decision of the police chief regarding an appeal shall be final.
(e) 
If an exemption so approved, the city shall issue to the applicant a written exemption letter which shall specifically identify all areas necessary for the registered sex offender to have access to and to live in the residence. The exemption shall only be applicable to the areas identified in the city's written exemption letter. The exemption letter shall only remain valid for the period the registered sex offender maintains residency in the residence. An exemption granted under this subsection shall only be effective during the period of time the sex offender maintains residency in the residence.
(Ordinance 661-19 adopted 4/23/19; Ordinance 805-23 adopted 9/28/2023)
Any person, firm, corporation, agent, or employee thereof who violates any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof may be fined an amount not to exceed $500.00 as allowed by law. Each and every violation or day such violation shall continue or exist shall be deemed a separate offense.
(Ordinance 661-19 adopted 4/23/19; Ordinance 805-23 adopted 9/28/2023)