(A) Findings and intent. Repeat sexual offenders, sexual offenders that use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. It is the intent of §§ 130.22 and 130.23 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 sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences.
(B) Definitions. The following words, terms, and phrases, when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
PERMANENT RESIDENCE. A place where the person abides, lodges or resides for 14 or more consecutive days.
PUBLIC SWIMMING POOL. Any man-made, permanently installed or non-portable structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, aquatic sports, or other aquatic activity other than a residential pool that is operated by an owner, lessee, operator, a licensee or concessionaire, regardless of whether a fee is charged for use. The pool may be either publically or privately owned. The term does not include a spa or a decorative fountain that is not used a pool.
TEMPORARY RESIDENCE. A place where the 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, resides or lodges for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(C) It is unlawful for any person who is required to register as a sex offender under Chapter 62 of the Tex. Code of Crim. Proc., to establish a permanent residence or temporary residence within 2,000 feet of a public or private school, day care facility, playground, public or private youth center, public swimming pool or video arcade facility, as those terms are defined in Tex. Health and Safety Code Article 481.134.
(D) For the purpose of determining the minimum distance separation, the measurement of the distance between the place of the person's residence and the day care facility, playground, public or private youth center, public swimming pool or video arcade facility shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the person's residence and the public or private school shall be:
(1) In a direct line from the property line of the public or private school to the property line of the person's residence, and in a direct line across intersections; or
(2) If the person's residence is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the person's residence, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the person's residence is located.
(E) Exceptions. A person residing within 2,000 feet of those places identified in division (C) above does not commit a violation of this section if any of the following apply:
(1) The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this section;
(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; or
(4) The premises specified in division (C) above was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas.
(Ord. 06-2006-51, passed 6-27-06; Am. Ord. 12-2011-67, passed 12-13-11) Penalty, see § 130.99