workshop item #18 for 6/12/06 agenda

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"CHAPTER 30 Y2, REGULATION OF SEX OFFENDER RESIDENCY Sec. 30 Y2 -1. Finding and Intent. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Further, the City Council finds that sex offenders that use physical violence and who are convicted of preying on children are sexual predators who present an extreme threat to the health, safety and welfare of children. Sex offenders are likely to use physical violence, to repeat an offense, have many more victims than are ever reported, are prosecuted for only a fraction of their actual sexual offenses, and children not only lack the ability to protect themselves but additional measures should be taken to keep known sex offenders from having access to children in areas where children generally feel safe. It is the intent of this ordinance 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 registered sex offenders and sexual predators are prohibited from establishing temporary or permanent residency. See. 30 Y2 -2. 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" means a place where the person abides, lodges or resides for 14 or more consecutive days. "Temporary residence" means 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 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 30 Y2 -3. Sex Offender Residency Prohibition; Penalty; and Exceptions. (a) If a person is required to register on the Department of Public Safety's Sex Offender Database because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any premise where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defmed in Article 481.134 of the Health and Safety Code of the State of Texas. It shall be prima facie evidence that this chapter applies to such a person if the person's record appears on the Database and the Database indicates that the victim was less than sixteen (16) years of age. Ord. 06-M Page 2 of 4