§ 66-25. Regulation of sex offender residency.

(a)

Definitions. For the purposes of this section, the following terms, words, and the derivations thereof shall have the meanings given herein.

Minor means a person younger than 17 years of age.

Permanent residence means a place where a person abides, lodges, or resides for 14 or more consecutive days.

Temporary residence means a place where a 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 a person routinely abides, resides, or lodges for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

(b)

Offenses. For each person required to register as a sex offender pursuant to Chapter 62, Code of Criminal Procedure, on the Texas Department of Public Safety's Sex Offender Database (the "database") because of a reportable conviction or adjudication involving a victim younger than 17 years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any defined premise 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 terms are defined in V.T.C.A., Health and Safety Code, Article 481.134.

It is unlawful to let or rent any place, structure or part thereof, 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 article, if such place, structure or part thereof, is located within 1,000 feet 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 terms are defined in V.T.C.A., Health and Safety Code § 481.134.

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.

(c)

Evidentiary matters; measurements.

(1)

It shall be prima facie evidence that this section applies to such a person if that person's record appears on the database and the database indicates that the victim was younger than 17 years of age.

(2)

For the purposes 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 above, or, in the case of multiple residences on one property, the distance requirement shall be measured from the nearest portion of the building or structure used as a permanent or temporary residence by the sex offender or the parking lot or driveway providing access thereto, whichever is closest to the nearest property line of the premises where children commonly gather, as described herein above.

(3)

A map depicting the prohibited areas shall be created by the city and maintained by the Haltom City Police Department. The city shall review the map annually for changes. Said map will be available to the public at the Haltom City Police Department.

(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 section.

(e)

Affirmative defenses. It is an affirmative defense to prosecution that any of the following conditions apply:

(1)

The person required to register on the database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the State of Texas, prior to the date of the adoption of this chapter.

(2)

The person required to register on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.

(3)

The person required to register on the database is a minor.

(4)

The premises where children commonly gather, as specified herein, within 1,000 feet of the permanent or temporary residence of the person required to register on the database 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 information on the database is incorrect, and, if corrected, this section would not apply to the person who was erroneously listed on the database.

(Ord. No. O-2007-007-04, § 1, 2-26-07)