§ 23-8. Sex offenders in safety zones.
(a)
Definitions. For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.
(1)
City park means:
a.
Land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation;
b.
City recreational areas, including, but not limited to, a forest preserve, conservation area, jogging trail, hiking trail, water park, swimming pool, recreational center, soccer field or baseball field under the jurisdiction of a unit of local government.
(2)
Sex offender means an individual who is required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, or by a state or federal agency. "Sex offender" shall also refer to civilly committed sexually violent predators, as referenced under Chapter 841 of the Texas Health and Safety Code.
(3)
Database means the Texas Department of Public Safety's sex offender database.
(4)
Loiter means standing, sitting idly, whether or not the person is in a vehicle or remaining in or around city park property or public way.
(5)
Permanent residence means a place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
(6)
Public way means any place to which the public or a substantial group of the public has access and includes, but is not limited, to streets, shopping centers, parking lots, transportation facilities, restaurants, shops, and similar areas that are open to the public.
(7)
Safety zone means a city park or other place where children and females regularly congregate, including but not limited to, private parks, a public or private school, amusement parks, playgrounds, athletic training centers, carnivals, circuses, fairs, fair grounds, public or commercial and semi-private swimming pools, a child care facility, a child care institution, public or private athletic fields, a crisis center or shelter, a private youth center, and offices for child protective services.
(8)
Temporary residence means a place where a person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where a person routinely abides, lodges, or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(b)
Sex offender restrictions.
(1)
It is an offense for a sex offender to knowingly enter a safety zone.
(2)
It is an offense for a sex offender to knowingly loiter on a public way within three hundred (300) feet of a safety zone.
(3)
It is an offense for a sex offender on each October 31 between the hours of 4:00 p.m. and 11:00 p.m. to leave an exterior porch light on or otherwise invite trick-or-treaters to solicit the premises.
(4)
It is an offense for a sex offender to establish a permanent or temporary residence within 1,000 feet of the real property comprising a safety zone.
(5)
Property owners prohibited from renting real property to sex offenders. It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to this ordinance, if such place, structure, or part thereof, trailer or other conveyance, is within one thousand (1,000) feet of a city park or safety zone.
(6)
A sex offender is exempted from this section if he or she has a right to be present at an official meeting located within a safety zone only for such time as is necessary to attend the official meeting. This exemption shall only apply to those areas of the safety zone that are necessary for attendance at the official meeting, and any sex offender found outside such areas shall be in violation of this ordinance.
(7)
A sex offender is exempted from this section if he or she qualifies to vote at a polling place that is located within a safety zone during an election only for such time as it is necessary to cast a vote. This exemption shall only apply to those areas of the safety zone that are necessary for voting, and any sex offender found outside such areas shall be in violation of this ordinance.
(8)
This section does not apply to a sex offender who is in the process of dropping off or picking up his or her own child from a safety zone or while attending a school sponsored or athletic activity in which his or her child is participating. This exemption shall only apply to those areas of the safety zone that are necessary for dropping off or picking up the child or attending the child's activity, and any sex offender found outside such areas shall be in violation of this ordinance.
(c)
Evidentiary matters.
(1)
If a sex offender that is prohibited from being in a safety zone is found in a safety zone by a police officer, the sex offender is subject to punishment in accordance with this section.
(2)
The three hundred (300) feet distance requirement in section 23-8(b)(2) above shall be measured on a straight line from the closest boundary of the safety zone.
(3)
The one thousand (1,000) feet distance requirement in section 23-8(b)(4) and section 23-8(b)(5) above shall be measured on a straight line from the closest boundary line of the sex offender's residence to the closest boundary line of the city park or safety zone.
(4)
In cases of a dispute over measured distances, it shall be incumbent upon the person(s) challenging the measurement to prove otherwise.
(5)
A map depicting the prohibited areas shall be created by the City of Laredo and maintained by the Laredo Police Department. The City of Laredo shall review the map annually for changes. Said map will be available to the public at the Laredo Police Department.
(d)
Affirmative defenses.
(1)
The person required to register in/on the database established the permanent or temporary residence prior to the adoption of this ordinance and residency has been consistently maintained and the person has complied with all of the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance.
(2)
The city park or safety zone, as specified herein, within one thousand (1,000) feet of the permanent or temporary residence of the person required to register on/in the database was opened after the person established the permanent or temporary residence, and the person has complied with all Sex Offender Registration laws of the State of Texas.
(3)
The information on/in the database is incorrect, and, if corrected, this section would not apply to the person who was erroneously listed on/in the database.
(4)
The person required to register on/in the database was a minor when he or she committed the offense requiring such registration and was convicted in the juvenile system.
(5)
The person required to register is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution located within one thousand (1,000) feet of the real property comprising a city park or safety zone.
(6)
The person required to register is under eighteen (18) years of age or a ward under a guardianship, who resides with a parent or guardian.
(7)
The person required to register has been exempted by a court order from registration as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or
(8)
The person required to register has had the offense for which the sex offender registration was required reversed on appeal or pardoned.
(9)
The person's duty to register on/in the database has expired.
(10)
Nothing in this provision shall require any person to sell or otherwise dispose of any real estate or home acquired or owned prior to the conviction of the person as a sex offender.
(e)
Penalties. Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof may be fined an amount not to exceed five hundred dollars ($500.00) as allowed by law. Each day that a violation is permitted to exist shall constitute a separate offense and shall be punishable as such.
(Ord. No. 2005-O-124, § 1, 6-6-05; Ord. No. 2018-O-027 , § 2, 2-5-18)
Editor's note
Ord. No. 2018-O-027 , § 1, adopted February 5, 2018, renamed § 23-8 from "prohibition regarding child sex offender in a child safety zone" to "sex offenders in safety zones."