(A) Findings and intent.
(1) 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.
(2) 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. 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.
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) Sexual offenders residence prohibition; penalties; exceptions.
(1) It is unlawful for any person who has been convicted of a violation of Tex. Pen. Code, §§ 21.08, 21.11, 22.011, 22.021, 25.02, 43.25 and 43.26 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 & Safety Code, § 481.134.
(2) 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.
(3) Penalties. Any person, firm or corporation who violates division (C)(1) of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500.
(4) 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 section if any of the following apply:
(a) 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.
(b) The person was a minor when he or she committed the offense and was not convicted as an adult.
(c) The person is a minor.
(d) 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 of Texas.
(D) Property owners prohibited from renting real property to sexual offenders; penalties.
(1) 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 section, 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 & Safety Code, § 481.134.
(2) Penalties. Any person, firm or corporation who violates division (D)(1) of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500.
(Ord. 103-06, passed 4-25-06)