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Sex Offender Residency Restrictions

Document (4)Ordinance Documents
In April 2010, the Cibolo City Council adopted ordinance 924 which established residency restrictions for sex offenders who committed crimes against child victims. The ordinance was a proactive measure to help secure our community and protect children from sexual predators.

The ordinance prohibits certain sex offenders from residing within 2000 feet of places children gather, such as parks, day care facilities, schools, public pools and other areas. In addition the ordinance prohibits sex offenders who committed crimes against children from entering a city park or for loitering within 300 feet of a park.

Background Checks
The ordinance also requires a homeowner or property manager to conduct a background check on any potential renter to ensure they are not a convicted sex offender. A search of the Texas Department of Public Safety sex offender database is sufficient to satisfy this requirement. If the renter is listed in the registry then the property owner is prohibited from renting to the person.

Offenders who resided in the city prior to the adoption of the ordinance are grand-fathered and are not affected by the ordinance.

Rejected Offenders
Since 2010, the Cibolo Police Department has turned away more than 10 sex offenders, who committed crimes against children, and attempted to establish residency within the City of Cibolo.

A buffer map reflecting child safety zones (PDF) is available for viewing as well as an interactive map which is always the most up to date.

Full Ordinance
The full text of the ordinance is available on the Ordinance 924 page.
FAQs
Ordinance 924
Section 50 to 50. - Findings

Sexual offenders who prey on children are a threat to public safety. This article serves the city's compelling interest to protect children against sexual predators by prohibiting:

  1. Certain sexual offenders from having a residence in areas around locations where children regularly congregate
  2. Certain sexual offenders from loitering within 300 feet of locations where children regularly congregate
  3. Certain sex offenders from entering public parks
Section 50 to 51. - Definitions

In this article, child area means any lot or tract of land that is used as a:

  1. School, playground, youth center, or video arcade facility, as defined by Tex. Health and Safety Code § 481.134;
  2. Public park; or
  3. Private recreational facility, including a park, pool, playground, skate park, or youth athletic field:
    1. Owned by a residential property owners association
    2. For which an entrance, admission, or rental fee is charged.
Loitering

Loitering means remaining within 300 feet of any child area or public park under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to facilitate or to conceal illegal activities.

Public park means any land designated for public recreation or any athletic field that is owned, leased, or maintained by the city.

Residence means the place within the city:

  1. That a person registers or verifies under Tex. Code of Criminal Procedure § 62.152, as the persons residence
  2. Where a person resides for more than seven consecutive days.
Section 50 to 52. - Sexual Offenders Residence Prohibition

It is unlawful for any person who is required by law to register with the Texas Department of Public Safety Sexual Offender Database because of a violation of law involving a victim or an intended victim who was 17 years of age or younger, to have a residence within 2,000 feet of any child area.

For the purposes of subsection (a), measurement is made in a straight line, without regard to intervening structures or objects, from the nearest portion of the residence to the nearest property line of the child area. The police department will maintain a map showing the child areas on file at the police department.

It is a defense to prosecution under this section that a person who has a residence within 2,000 feet of a child area:

  1. Is under 18 years of age and has the residence with the persons parent or guardian or has not been convicted of an offense after the effective date of this article that: 
    1. Requires the person to register under Texas Code of Criminal Procedure § 621
    2. Involves a victim or intended victim who was 17 years of age or younger. 
  2. Established the residence and complied with all the sexual offender registration laws of the State of Texas prior to the effective date of this article, and has not been convicted of an offense after the effective date of this article that: 
    1. Requires the person to register under Tex. Code of Criminal Procedure § 621(5)
    2. Involves a victim or intended victim who was 17 years of age or younger; or 
  3. Established the residence and complied with all sexual offender registration laws of the State of Texas prior to the date a new child area is established, and has not been convicted of an offense after the effective date of this article, or the date the new child area is established, that: 
    1. a. Requires the person to register under Tex. Code of Criminal Procedure § 621(5)
    2. b. Involves a victim or intended victim who was 17 years of age or younger
  4. For purposes of subsection (c), a person is considered to have established a residence at the correctional facility, as that term is defined under Tex. Penal Code § January 7, 2014), in which the person is confined for a conviction of any criminal offense and for more than seven consecutive days after the effective date of this article.
  5. It is not a defense to prosecution under this section that a person, who is required to register as a sex offender under the Texas Code of Criminal Procedure, was allowed by mistake or error of the city to register or verify a residence that is within 2,000 feet of any child area.
Section 50 to 53. - Property Owners Prohibited from Renting to Sexual Offenders

  1. It is unlawful for a property owner to rent a residential property located within 2,000 feet of a child area to a person prohibited under this article from having a residence within 2,000 feet of any child area.
  2. It is an affirmative defense to prosecution under this section that the property owner conducted a criminal history check with the Texas Department of Public Safety and reviewed the sexual predator registration database that is maintained by the Texas Department of Public Safety and that at the time the property owner conducted the criminal history check and reviewed the sexual predator database, the sexual offenders criminal history did not include a record of a sexual offense or the offenders name did not appear in the database.
  3. For the purposes of subsection (a), measurement is made in a straight line, without regard to intervening structures or objects, from the nearest portion of the residence to the nearest property line of the child area. The police department will maintain a map showing the child areas on file at the police department.
Section 50 to 54. - Sexual Offenders Prohibited from Entering Public Parks

It is unlawful for any person to enter a park if the person is required by law to register with the department of public safety sexual offender database because of a violation of law involving a victim or an intended victim who was 17 years of age or younger.

Section 50 to 55. - Loitering

  1. It is unlawful for any person to loiter on a public way within 300 feet any child area if the person is required by law to register with the department of public safety sexual offender database because of a violation of law involving a victim or an intended victim who was 17 years of age or younger.
  2. For the purposes of subsection (a), measurement is made in a straight line, without regard to intervening structures or objects, from the location of the person to the nearest property line of the child area. The police department will maintain a map showing the child areas on file at the police department.