For the purpose of this article, the following definitions shall be used:
Child.
A person younger than eighteen (18) years of age.
Child safety zone.
A premises where children commonly gather, including, without limitation, a playground, school, day-care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in the Texas Health and Safety Code § 481.134 or other facility that regularly holds events primarily for children.
Database.
The Texas Department of Public Safety Sex Offender Registry.
Permanent residence.
A place where the person abides, lodges, or resides for fourteen (14) or more consecutive days.
Premises.
Real property and all buildings and appurtenances pertaining to real property.
Sex offender.
A person who is required to register on the Texas Department of Public Safety Sex Offender Registry because of a violation involving a victim who was less than sixteen (16) years of age. It shall be prima facie evidence that this article applies to a sex offender if the person's record as it appears on the Texas Department of Public Safety Sex Offender Registry indicates that the victim was less than sixteen (16) years of age.
Temporary residence.
A place where a person abides, lodges, or resides for fewer than fourteen (14) days or fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent residence, or a place where the person routinely abides, resides, or lodges for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(Ordinance 25-07-01 adopted 7/14/2025)
(a) 
It is unlawful for a Sex Offender to establish a permanent residence or temporary residence within one thousand (1,000) feet of any Child Safety Zone in the City of Idalou.
(b) 
It is unlawful for a Sex Offender to go in or on any property within one thousand (1,000) feet of a Child Safety Zone in the City of Idalou.
(c) 
A Sex Offender residing within one thousand (1,000) feet of a Child Safety Zone does not commit a violation of this section if:
(1) 
The person established the Permanent Residence 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 Child Safety Zone within one thousand (1,000) feet of the person's Permanent Residence or Temporary Residence became a Child Safety Zone after the person established their Permanent Residence or Temporary Residence and complied with all Sex Offender registration laws of the state;
(5) 
The person proves that the information on the database is incorrect and that, if corrected, they would not be in violation of this article;
(6) 
The person has been exempted by a court order from registration as a Sex Offender under the Texas Code of Criminal Procedure Chapter 62; or
(7) 
The person's duty to register on the Database has expired.
(d) 
For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the property lot line of the permanent or temporary residence to the nearest property lot line of the child safety zone, as defined herein.
(e) 
Other than the intent to establish a residence, no culpable mental state is required to be proven by the prosecution as an element of this offense.
(f) 
It shall be prima facie evidence that this article applies to a person if that person's information appears on the database.
(g) 
A map depicting the prohibited areas shall be maintained by the City and shall be reviewed and updated annually for changes. The map shall be available to the public for inspection at the Idalou City Hall and shall be made available on the City's website.
(h) 
It shall be an affirmative defense to prosecution under this article if the person was in, on, or within 1,000 feet of a child safety zone for a legitimate purpose. A legitimate purpose includes:
(1) 
Transportation of a child that the registered sex offender is legally permitted to be with;
(2) 
Transportation to and from the registered Sex Offender's work; and
(3) 
Other work-related purposes.
(i) 
It shall be an affirmative defense to prosecution under this article if:
(1) 
The property owner or renter/assignor provides dated, written evidence of his/her due diligence performed before renting/assigning or sub-leasing the property, and that s/he conducted a check with the Texas Department of Public Safety Sex Offender Registry.
(2) 
The evidence provided by the violator demonstrates that the sexual offender was not listed in the Texas Department of Public Safety Sex Offender Registry at the time the property owner/renter/assignee conducted the criminal history check and reviewed the database.
(Ordinance 25-07-01 adopted 7/14/2025)
(a) 
It shall be unlawful for the owner, lessee, or occupant (collectively, the "lessor") of any place, residence, structure, or dwelling to rent or lease the same, or any part thereof, to a sex offender, with the knowledge that it will be used as a temporary or permanent residence of such person, if such place, residence, structure, dwelling, or other conveyance is located within 1,000 feet of an existing Child Safety Zone.
(b) 
The lessor, as above described, of any place, residence, structure, dwelling, or other conveyance shall be deemed to have knowledge that another person is a Sex Offender if such person's information appears on the Database.
(Ordinance 25-07-01 adopted 7/14/2025)
(a) 
A Sex Offender who established a residency in a residence located within 1,000 feet of a Child Safety Zone before the adoption of this article is exempt from this article. This exemption only applies to:
(1) 
Areas necessary for the Sex Offender to have access to and to live in the residence; and
(2) 
The period the Sex Offender maintains residency in the residence.
(b) 
A Sex Offender may apply for an exemption from this article by submitting to the City Administrator an application for exemption, in the form supplied by the City, accompanied by an affidavit that shows the Sex Offender established residency in the residence located within 1,000 feet of a child safety zone before the date this article is adopted.
(c) 
The Chief of Police shall determine whether an application for exemption may be granted. The Chief of Police may grant an exemption only if:
(1) 
Such exemption is not contrary to the public interest or to the public health, safety, or welfare;
(2) 
Such exemption shall not increase duties for the City staff;
(3) 
The exemption fits within the spirit of this article; and
(4) 
The application of the requirements of this article in the particular circumstances would create an unnecessary or undue hardship.
(d) 
The Chief of Police shall send the applicant written notice of the decision to grant or deny an exemption and, if applicable, a statement of the right to an appeal to the City Council.
(e) 
Any person who is denied an exemption under this section may appeal the decision of the Chief of Police by filing with the City Secretary a written request for a hearing before the City Council. The request for an appeal must be submitted within ten (10) days after the notice of the Chief of Police is sent.
(f) 
City Council decisions relating to application requests are within the sole discretion of the Council, and the Council's decision as to any such request is final and non-appealable.
(Ordinance 25-07-01 adopted 7/14/2025)
(a) 
Any person, firm, corporation, or other entity that violates any provision of this article shall be deemed guilty of a class C misdemeanor and, upon conviction, shall be subject to a fine not to exceed Five Hundred Dollars ($500.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues
(b) 
The City shall have the power to administer and enforce the provision of this article as may be required by governing law. If the City Council determines that a violation of this article creates a threat to the public safety, the City is authorized to bring suit in district court to enjoin the person, firm, corporation, or other entity from engaging in the prohibited activity. The City is not required to give bond as a condition to the issuance of injunctive relief.
(Ordinance 25-07-01 adopted 7/14/2025)