§ 10.24.040. Sex offender residency regulation.

A.

Definitions. For the purposes of this chapter:

1.

"Child sex offender" means any offender subject to registration under state law, who has been convicted or received an order of deferred adjudication for a "sexual offense" involving a minor.

2.

"Habitual offender" means any offender subject to registration under state law, who has for a "sexually violent offense" been convicted two or more times received an order of deferred adjudication two or more times, or been convicted and received an order of deferred adjudication or any combination thereof and is required to verify every ninety days in accordance with the Texas Code of Criminal Procedure, Article 62.058.

3.

"Minor" means a person who is under the age of seventeen years of age.

4.

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

5.

"Temporary residence" means a place where a person abides, lodges, or resides for a period of fourteen 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 on the Texas Department of Public Safety's Sex Offender Database (the "Database") because they are a "Habitual Offender" or a "Child Sex Offender," it is unlawful for that person to establish a permanent residence or temporary residence within one thousand feet of any premise where children commonly gather, which, for purposes of this chapter, shall be a city park, private or public school, child care facility or daycare center as such terms are defined in Title 20 of the city code for the city of El Paso, Texas.

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 person is required to verify every ninety days in accordance with the Texas Code of Criminal Procedure, Section 62.058. For purposes of this chapter, that person is classified as a "Habitual Offender."

2.

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 person is subject to registration for an offense involving a minor. For purposes of this chapter, that person is classified as a "Child Sex Offender."

3.

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 hereinabove, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein.

D.

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 the ordinance codified in this chapter.

2.

The premises where children commonly gather, as specified herein, within one thousand 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.

3.

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.

E.

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed five hundred dollars for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

F.

If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this chapter.

G.

Any violation of this chapter can be enjoined by a suit filed in the name of the city of El Paso in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in the ordinance codified in this chapter or in the city code of the city of El Paso.

H.

Exemptions from the terms of this chapter may be granted where, owing to special conditions, or when a literal enforcement of the provisions of this chapter will result in an undue hardship. A sex offender shall have the right to make an appeal for an exemption from a provision of this chapter by making a request to the chief of police, in writing, stating why an exemption should be granted. The decision of the chief of police, which may be made based solely on the written appeal without further hearing, shall be final. Any subsequent offense as described in subsection B of this section may result in revocation of the exemption by the chief of police.

(Ord. 16599 § 1, 2007)

(Ord. No. 018876 , 11-27-2018)