(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.
(b) It is unlawful for a sex offender to go in, on, or within one thousand (1,000) feet of a child safety zone in the city.
(c) Nothing in this chapter shall be interpreted to modify or reduce the state's child safety ban. 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 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 chapter;
(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 or temporary residence became a child safety zone after the person established the permanent 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, this section would not apply to the person;
(6) The person has been exempted by a court order from registration as a sex offender under V.T.C.A., Criminal Procedure Code, Chapter 62;
(7) The person has had the offense for which the sex offender registration was required reversed on appeal or pardoned; or
(8) The person's duty to register on/in 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 chapter applies to a person if that person's information appears on the database.
(g) A map depicting the prohibited areas may be maintained by the city. The map, if maintained, shall be available to the public for inspection at the Chico City Hall. However, in the event of a difference between the map and this chapter, this chapter shall control.
(h) It shall be an affirmative defense to prosecution under this chapter if the person was in, on, or within one thousand (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; or
(3) Other work-related purposes.
(i) It shall be an affirmative defense to prosecution under this chapter 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 he or she conducted a check with the Texas Department of Public Safety and the Texas Department of Public Safety Sexual Offender Database on the tenant, sublessee, or assignee's criminal history before entering into the lease, sublease, or assignment; and
(2) The evidence provided by the violator demonstrates that the sexual offender was not listed in the Texas Department of Public Safety Sexual Offender Database at the time the property owner, renter, or assignee conducted the criminal history check and reviewed the database.
(Ord. 04-2022-2, passed 4-26-22)