(A) 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.
(B) This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.
(C) It is the intent of this chapter to serve the town’s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the town 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.
(Ord. 2005-09, passed 12-28-2005)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERMANENT RESIDENCE. A place where the person abides, lodges or resides for a period of 14 or more consecutive days.
TEMPORARY RESIDENCE. A place where the person abides, lodges, 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 non-consecutive days in any month and which is not the person’s permanent residence.
(Ord. 2005-09, passed 12-28-2005)
(A) It is unlawful for any person who has been convicted of a violation of Tex. Penal Code, Art. 43.25, Tex. Penal Code, Art. 43.26, Tex. Penal Code, Art. 21.08, Tex. Penal Code, Art. 21.11,Tex. Penal Code, § 21.011, Tex. Penal Code, § 22.021 and Tex. Penal Code, Art. 25.02, regardless of whether the adjudication was deferred, in which the victim of the offense was less than 16 years of age, to establish a permanent residence or temporary residence within 1,000 feet of any premises where children commonly gather, including, but not limited to, a 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, Art. 481.134.
(B) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein.
(C) Exceptions: a person residing within 1,000 feet of those places where children commonly gather, as specified herein does not commit a violation of this chapter 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, prior to the date of the adoption of this chapter;
(2) The person was a minor when he or she committed the offense and was not convicted as an adult;
(3) The person is a minor; or
(4) The premises where children commonly gather, as specified herein, within 1,000 feet of the person’s permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state.
(Ord. 2005-09, passed 12-28-2005) Penalty, see § 131.99
(A) It is unlawful to let or rent any place, structure or part thereof, manufactured home, trailer or 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 place, structure or part thereof, manufactured home, trailer or other conveyance, is located within 1,000 feet of any premises where children commonly gather, including but not limited to, a 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, Art. 481.134.
(Ord. 2005-09, passed 12-28-2005) Penalty, see § 131.99
(A) This chapter is cumulative of and in addition to all other ordinances of the town, on the same subject; provided, however, where this chapter and other ordinances shall conflict or overlap, whichever imposes the more stringent regulations or penalties, as the case may be, shall prevail.
(B) Forfeiture or penalty incurred prior to the effective date of this chapter is to be affected by the adoption of this chapter but the punishment for any offense committed and the recovery of any fines or forfeitures incurred prior to such date shall take place as if this chapter had not been adopted. The ordinances repealed herein remain in effect solely for the purpose of enforcement for offenses occurring prior to the effective date of this chapter.
(Ord. 2005-09, passed 12-28-2005)
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