(A) Findings and intent. That 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 this section 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. For the purpose of this section, 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 14 or more consecutive days.
SCHOOL. Shall include any property owned by a school district which has been designated, defined, platted or identified to the city as a future site for any school.
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 non-consecutive 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 Ch. 62 of the Tex. Code of Criminal Procedure, to establish a permanent residence or temporary residence within 1,000 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 Art. 481.134 of the Tex. Health and Safety Code.
(D) For the purpose of determining the minimum distance separation, the measurement of the distance between the place of the person's residence shall be:
(1) In a direct line from property line of the day care facility, playground, public or private youth center, public swimming pool or video arcade facility, to the property line of the person's residence; or
(2) 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
(3) If the person's residence is located on or above the fifth story of a multi-story 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 1,000 feet of those places identified in division (C) 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 prior to the date of the adoption of this section;
(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 specified in division (C) was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state.
(Ord. 1688, passed 4-28-08) Penalty, see § 130.99