§ 20-84. Property owners prohibited from allowing sex offenders to establish or maintain residency; penalty.

(a)

It is unlawful for a property owner to knowingly allow a person who is prohibited from establishing a permanent residence or temporary residence pursuant to the terms of this chapter to establish a permanent residence or temporary residence on his or her property if such property is located within one thousand (1,000) feet, as defined in subsection 20-72(c), 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. It shall be prima facie evidence that this section applies to such a person if the person's record appears on the database and the database indicates that the victim was less than sixteen (16) years of age.

(b)

It is unlawful for a property owner to knowingly allow a person who is prohibited from establishing a permanent residence or temporary residence pursuant to the terms of this chapter to maintain a permanent residence or temporary residence on his or her property if such property is located within one thousand (1,000) feet, as defined in subsection 20-72(c), 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. It shall be prima facie evidence that this section applies to such a person if the person's record appears on the database and the database indicates that the victim was less than sixteen (16) years of age.

(c)

Each day that a property owner allows a permanent residence or temporary residence to be maintained in violation of subsection 20-74(b) shall constitute a separate violation.

(d)

Any property owner violating a provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty section 1-11 of this Code.

(Ord. No. 1267, § 1, 5-18-06; Ord. No. 1267-1, § 3, 7-23-07)