workshop item #18 for 6/12/06 agenda

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06/22/2005 09:45 97'37982018 CITY OF BRAZORIA PAGE 02 .... 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 coJ.'!.centrated numbers wherein celtain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences. Section Two (2): Definitions The following words, terms, and phrases, when l,lSed 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 tho person abides, lodges or resides for 14 or more consecutive days. "1' ernporary 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 consecutiv-e or nonconsecutive days in any month and which is not the person's permanent residence. Section Three (3): Sexual Offenders Residence Prolubition; Penalties; Exceptions (a) It. is unlawful for any person who has been convicted of a violation of Article 43.25 Penal Code, Article 43.26 Penal Code, Article 21.08 Penal Code, Article 21.11 Penal Code, Article 22.011 Penal Codes, Article 22.021 Penal Code and Article 25.02 Penal Code, regardless ofwhethcr the adjudication was deferred, in which the victim of the offence was less than sixteen (16) years of age, to establish a permanent residence or temponuy residence within 1000 feet of allY premises where children commonly gather, including but not l.i.mited to,.a school. day care facility, playground., public or private youth center, public switnnring poo~ or vide<> arcade facility, as those tenus are defined in Article 481.134 0 f the Health and Safety Code ofthe State of Texas. (b) For the purpose of determinip.g the minimum d'istance separatio~ 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 descn"bed herein. (c) Penalties. Any person, finn or corporation who violates this ordinance shallbe guilty 0 f a misdemeanor. and upon conviction thereof shall b punished by a fine: not to exceed FIVE HUNDRED AND NO/lOO'S DOLLARS ($500.00).