Chapter 18 ARTICLE VII. Sex Offender Residence Location Restrictions
The following words, terms and phrases, when used in this article, shall have the meaning described to them in this article, except where the context clearly indicates a different meaning:
“Child”means an individual younger than seventeen (17) years of age.
“Child care facility”as defined by Section 42.002, Human Resources Code and shall include a foster home, a foster group home, a day-care center, a group day-care home, an agency foster group home, and an agency foster home, also defined by Section 42.002, Human Resources Code.
“Park”means any land, including improvements to the land that is administered, operated, or managed by the City of Aransas Pass, County of San Patricio, County of Aransas, or County of Nueces for the use of the general public as a recreational area, or any land, including improvements to the land that includes a swimming pool, any type of public or private golf course and any other recreational facilities that are privately owned and used frequently by children.
“Residence”means a place where a person abides, lodges, or resides for a period of four (4) or more days in the aggregate, during any calendar year.
“Sex offender”means an individual who has been convicted of or placed on deferred adjudication for a sexual offense involving a child for which the individual is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure.
“Child Safety Zone”means private and public primary and secondary schools, public library, amusement arcades, video arcades, indoor and outdoor amusement centers, park, amusement parks, public or commercial and semi-private swimming pools, child care facility, public youth soccer or baseball field, skate park or rink, public or private youth center, movie theater, bowling alley, and offices for Child Protective Services.
Sec. 18-81. Offenses;
(a) It is an offense for a sex offender to intentionally, knowingly, recklessly, or with criminal negligence establish a residence within one thousand, five hundred (1,500) feet of a child safety zone.
(b) It is an offense for a sex offender to intentionally, knowingly, recklessly, or with criminal negligence establish a residence within one thousand, five hundred (1,500) feet of a residence of another sex offender.
(c) The distance of one thousand, five hundred (1,500) feet 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 child safety zone.
Sec. 18-82. Exceptions.
A person does not commit an offense under section 18-81 if the person:
(1) Is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution located within one thousand, five hundred (1,500) feet of the real property comprising a child safety zone;
(2) Has established and continues to maintain the residence prior to the effective date of this article;
(3) Has established and continues to maintain the residence prior to the effective date of this article and, subsequently, a child safety zone is constructed or located within one thousand, five hundred (1,500) feet of the sexual offender’s residence;
(4) Is under eighteen (18) years of age or a ward under a guardianship who resides with a parent or guardian;
(5) Has been exempted by a court order from registration as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or
(6) Has had the offense for which the sex offender registration was required, reversed on appeal, or pardoned.
Sec. 18-83. Penalties.
A person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed $500.00 for each offense, and each and every violation or day such violation shall continue or exist, shall be deemed a separate offense.
Secs. 18-84—18-89. Reserved.