workshop item #18 for 6/12/06 agenda

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(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, or in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, which ever is closer to the nearest property line of the premises where children commonly gather, as described herein. A map generally depicting the prohibited areas is attached to this ordinance for representation purposes. The city shall review the map at least annually for changes, and it will be available at the Alvin Police Department. (c) Penalty. Any person violating a provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty section 1-5 of the Code of Ordinances. (d) Exceptions. Nothing in this ordinance shall be interpreted to modify or reduce the State's child safety ban. A person, as described in subsection (a), residing within 1,000 feet of those places where children commonly gather 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 of Texas, prior to the date of the adoption of this ordinance. (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. (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 of Texas. (5) The person proves that the information on the Database is incorrect and that, if corrected, this chapter would not apply to the person. Sec. 30~ -4. Property Owners Prohibited from Renting Real Property to Sex Offenders; Penalty. (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, as defmed in Section 30~ -3(b), of any premises 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 Ord. 06-M Page 3 of 4