The following words, terms and phrases, when used in this article, shall have the meaning described to them in this article, except where the context clearly indicates a different meaning:
Child safety zone
Means public parks, private and public schools, public library, amusement arcades, video arcades, indoor and outdoor amusement centers, amusement parks, public or commercial and semi-private swimming pools, child care facility, child care institution, public or private youth soccer or baseball field, crisis center or shelter, skate park or rink, public or private youth center, movie theater, bowling alley, scouting facilities and offices for child protective services.
Childcare facility
Means 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 elementary school children, but the total number of children, including those related to the caretaker, shall not exceed 12 at any given time.
Childcare institution
Means a commercial day care center that provides regular day care to any number of adults or children for less than 24 hours a day, and includes a "child-care institution," a "day-care center" and/or a "group day-care home," as those terms are defined by Texas Human Resources Code section 42.002.
Church
Means a facility that is owned by a religious organization and is used primarily for religious services.
Database
Means 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 Forest Hill Police Department.
Loiter
Means standing, sitting idly, whether or not the person is in a vehicle or remaining in or around an area.
Park or playground
Means: (a) any land, including improvements to the land, that is administered, operated, or managed by the City of Forest Hill for the use of the general public as a recreational area; and (b) 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 or baseball field.
Permanent residence
Means a place where a person abides, lodges, or resides for a period of 14 or more consecutive days.
Places where children regularly congregate
Means the same as a child safety zone.
Public way
Means 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.
Religious organization
Means a church, synagogue, or other organization or association organized primarily for religious purposes.
School
means a private or public pre-school, private or public elementary school or private or public secondary school.
Sex offender
means an individual who has been convicted of or placed on deferred adjudication for a sexual offense involving a child for which the individual is required to register as a sex offender under Texas Code of Criminal Procedure chapter 62.
Temporary residence
means 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 address, or a place where the 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 residence.
(Ordinance 2025-08 adopted 4/1/2025)
(a) 
It is an offense for a sex offender to intentionally, knowingly, recklessly, or with criminal negligence, establish a permanent residence or temporary residence within 2,000 feet of the real property comprising a school, child care facility, child care institution, church, park or playground or other places where children regularly congregate, each being considered a child safety zone.
(b) 
The distance of 2,000 feet shall be measured on a straight line from the closest boundary line of the sex offender's permanent residence or temporary residence to the closest boundary line of the school, child care facility, child care institution, church, park, playground, or place where children regularly congregate under subsection (a).
(c) 
It is an offense for a sex offender to knowing enter a child safety zone.
(d) 
It is an offense for a sex offender to knowingly loiter on a public way within 300 feet of a child safety zone.
(e) 
The distance of 300 feet from a child safety zone shall be measured on a straight line from the closest boundary of the child safety zone.
(f) 
A sex offender shall not, on each October 30 and October 31 (or any other date set by the city for trick-or treaters) between the hours of 4:00 p.m. and 11:00 p.m., leave an exterior porch light on or otherwise invite trick-or-treaters to solicit the premises.
(Ordinance 2025-08 adopted 4/1/2025)
It is unlawful to let or rent any real property, place, structure or part thereof, manufactured home, mobile 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 pursuant to the terms of this chapter, if such real property, place, structure, or part thereof, manufactured home, mobile home, trailer, or other conveyance is located within 2,000 feet, as defined in section 8.10.002, from a child safety zone, as defined in section 8.10.001 or another sex offender as provided in this article.
(Ordinance 2025-08 adopted 4/1/2025)
(a) 
If a sex offender that is prohibited from being in a child safety zone is found in a child safety zone by a law enforcement officer, the sex offender is subject to punishment in accordance with this article.
(b) 
It shall be prima facie evidence that this section applies to such a person if that person's record appears in/on the database.
(c) 
In the case of multiple residences on one property, measurement shall be from the nearest property line of the residences to the nearest property line of the school, child care facility, child care institution, church, park, or playground, or other place where children regularly congregate.
(d) 
In cases of a dispute over measured distances, it shall be incumbent upon the person(s) challenging the measurement to prove otherwise.
(e) 
A map depicting the prohibited areas shall be created by the City of Forest Hill and maintained by the City of Forest Hill Police Department. The City of Forest Hill shall review the map at least annually for changes. Said map will be available to the public at the City of Forest Hill Police Department or available on the City of Forest Hill's website.
(Ordinance 2025-08 adopted 4/1/2025)
The following, if established by a preponderance of the evidence, shall be affirmative defenses to prosecution under this article:
(a) 
The person required to register in/on the database established a permanent residence or temporary residence prior to the date of adoption of the ordinance from which this article is derived which residence has been consistently maintained and the person has complied with all of the sex offender registration laws of the State of Texas, prior to the date of the adoption of the ordinance from which this article is derived.
(b) 
The place where children regularly congregate, as specified herein, within 2,000 feet of the permanent or temporary residence of the person required to register on/in the database was developed and opened after the person established the permanent residence or temporary residence and complied with all sex offender registration laws of the State of Texas.
(c) 
The information on/in the database is incorrect and, if corrected, this article would not apply to the person who was erroneously listed on/in the database.
(d) 
The person required to register on/in the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(e) 
The person required to register is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution which is located within 2,000 feet of the real property comprising a school, child care facility, child care institution, church, park or playground, or other place where children regularly congregate.
(f) 
The person required to register is under 18 years of age or a ward under a guardianship, who resides with a parent or guardian.
(g) 
The person required to register has been exempted by a court order form registration as a sex offender under the Texas Code of Criminal Procedure chapter 62.
(h) 
The person required to register has had the offense for which the sex offender registration was required, reversed on appeal or pardoned.
(i) 
The person's duty to register on/in the database has expired. Nothing in this provision 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 2025-08 adopted 4/1/2025)
(a) 
In addition to all other requirements under state and federal law and this article, all sex offenders residing within the city shall register with the city's police department within 30 days of establishing a permanent residence or temporary residence within the city.
(b) 
Upon registration with the city's police department, a sex offender will be issued a Forest Hill Police Department identification card containing the sex offender's name, address, date of birth, and recent photograph.
(c) 
If a peace officer in the city demands that a sex offender display identification, the sex offender shall display both the sex offender's driver's license or identification certificate issued by a state or federal department, and the sex offender's Forest Hill Police Department identification card.
(d) 
All sex offenders residing within the city prior to the adoption of this section 8.10.006 shall comply with the provisions of this section within six months after the date of adoption of this article by the city.
(Ordinance 2025-08 adopted 4/1/2025)
Any person, firm, business entity, corporation, agent or employee thereof who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $250.00 and not more than $500.00. Each day that a violation is permitted to exist shall constitute a separate offense and shall be punishable as such.
(Ordinance 2025-08 adopted 4/1/2025)