It is the intent of this section to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain registered sex offenders and sexual predators are prohibited from loitering or prohibited from establishing temporary or permanent residency.
SEX OFFENDER- Means an individual who has been convicted of or placed on deferred adjudication for a sexual offense involving a person under seventeen 17 years of age for which the individual is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure.
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 the 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.
CHILD CARE FACILITY- A family day care home which provides regular care to no more than four 4 children under fourteen 14 years of age, excluding children related to the caretaker, and provides care after school hours for not more than six 6 additional elementary school children, but the total number of children, including those related to the caretaker, shall not exceed twelve 12 at any given time.
CHILD SAFETY ZONE- Means public parks, private and public schools, public library, amusement arcades, video arcades, indoor and outdoor amusement centers, amusement parks, public or commercial and semi-private swimming pools, child care facility, child care institution, public or private youth soccer or baseball field, crisis center or shelter, skate park or rink, public or private youth center, movie theater, bowling alley, scouting facilities and Offices for Child Protective Services.
Any land, including improvements to the land that is administered, operated or managed by the City of Universal City for the use of the general public as a recreational area. City recreational areas include, but are not limited to, conservation area, jogging trail, hiking trail, bicycle trail, recreational center, water park, swimming pool, soccer field or baseball field.
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 use of the public. SCHOOL- Means a private or public pre-school, private or public elementary school or private or public secondary school.
It is an offense for a Sex Offender to establish a permanent residence or temporary residence within one thousand 1, feet of the real property comprising a school, child care facility, child care institution, park or play ground or other places where children regularly congregate. It is an offense for a Sex Offender to knowingly loiter on a public way within feet of a Child Safety Zone.
A Sex Offender, shall not, on each October 30th and 31st or any other date set by the City for trick-or-treaters between the hours of 4: It is unlawful to let or rent any place, structure or part thereof, manufactured home, trailer, or any other conveyance, 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 chapter, if such place, structure, or part thereof, manufactured home, trailer, or other conveyance is located within 1, feet, as defined in section The distance of three hundred feet from a child safety zone shall be measured on a straight line from the closest boundary of the Child Safety Zone.
The distance of one thousand 1, feet from a place where children congregate 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 school, child care facility, child care institution, park or playground or other places where children regularly congregate.
In the case of multiple residences on one property, measuring from the nearest property line of the residences to the nearest property line of the school, child care facility, child care institution, park or playground or other places where children regularly congregate. In cases of a dispute over measured distances, it shall be incumbent upon the person s challenging the measurement to prove otherwise. A map depicting the prohibited areas shall be created by the City of Universal City and maintained by the Universal City Police Department.
The City of Universal City shall review the map annually for changes. 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, feet of the real property comprising a school, child care facility, child care institution, park or play ground or other places where children regularly congregate.
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. 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 H. The person required to register has had the offense for which the sex offender registration was required, reversed on appeal or pardoned.
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. Each day that a violation is permitted to exist shall constitute a separate offense and shall be punishable as such.