workshop item #18 for 6/12/06 agenda

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SECTION 1: That Chapter 77 of the Code of Ordinances is hereby established to read as follows: Chapter 77: Sexual Offenders Sec. 77-1 Findings and Intent 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 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 sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences. Sec. 77-2 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 sexual offender abides, lodges or resides for 14 or more consecutive days. 'Temporary residence" means a place where the sexual offender 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. 77-3 Sexual Offenders Residence Prohibition; Penalties; 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 the person to establish a permanent residence or temporary residence within 1000 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, video arcade facility, or children's oriented eating establishments, as those terms are defined 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