§ 24-133. Sex offender residency prohibition; penalty; and exceptions

(a) It is unlawful for a person who is required to register on the Texas Department of Public Safety's Sex Offender Database pursuant to V.T.C.A., Code of Criminal Procedure ch. 62 because of a violation involving a victim who was less than 16 years of age to establish a permanent residence or temporary residence within 1,000 feet of any premise where children commonly gather, including a public playground, playscape, skate park, youth soccer or baseball field, public or private school, day care facility, video arcade facility, public or private youth center, crisis center or shelter, or public swimming pool, as those terms are commonly understood and/or defined in V.T.C.A. Health and Safety Code § 481.134. 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 16 years of age.

(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 lot/driveway, whichever 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 article for representation purposes. The city shall review the map at least annually for changes, and it will be available at the Granite Shoals Police Department.

(c) Civil and criminal penalties. The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.

(1) Criminal prosecution. Any person, firm or corporation violating a provision of this article shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed $500.00 per violation. Each day that any violation of this article shall continue shall constitute a separate offense.

(2) Civil remedies. Nothing in this article shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to, the following:

a. Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and

b. A civil penalty up to $100.00 a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and

c. Other available relief.

(d) Culpable mental state not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article.

(e) Exceptions. This article does not apply to the following situations:

(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 article.

(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 erroneously listed on the database.

(Ord. No. 481, § II(A), 6-12-2007)