Victoria adopts 1,500-foot residency restriction for sex offenders convicted in crimes involving minors

Victoria City Council on Jan. 28 adopted an ordinance adding residency restrictions to Chapter 15 of the city code that prohibit convicted sex offenders whose offenses involved minors from establishing a temporary or permanent residence within 1,500 feet of locations where children commonly gather.

The ordinance creates mapped "child safety zones" around facilities such as public and private schools, licensed daycare centers, city parks and recreation centers and other areas identified as places where children congregate, and it makes it a violation for an offender with a qualifying conviction to move into those zones after leaving parole or probation.

Deputy Chief of Operations Clay Fetters of the Victoria Police Department, who presented the proposal, said the department has observed a rise in registrants and that the restriction is aimed at protecting children. "We currently have no ordinance that limits where convicted [sex] offenders can live," Fetters said. "The solution we're proposing is to establish child safety zones of 1500 feet around places where children gather." He told the council that from 2021 to 2024 the department saw a 45% increase in registered offenders, and that about 92% of those registered had convictions involving minors, with a majority of victims reported as ages 9 to 14. Fetters said roughly 100 registrants currently live inside the proposed zones and would be grandfathered into their current residences; the ordinance would apply if they move.

Council and staff said they reviewed a range of facility types during legal analysis and limited the list to locations they believed would withstand legal challenge. City staff and the city attorney examined additional sites often used by children but said some—most notably places of worship—posed legal risks tied to freedom of religion and access. City staff said those locations were discussed but were not included in the adopted ordinance because of those legal concerns.

Fetters also told council the department plans to add public education material to the police website and to create internal enforcement procedures if the ordinance is adopted. He cited examples of other Texas cities with similar measures and said the department’s risk analysis guided the selection of facility types to include.

The council opened and closed the public hearing with no public speakers and then voted to adopt the ordinance. The final motion and vote were recorded on the council minutes; the meeting transcript records the motion and that the item passed, but individual vote tallies by member were not listed in the transcript.

The ordinance includes grandfathering language for current residents inside the child safety zones and is written to prohibit establishing a residence inside the zones after release from parole or probation; the city will publish maps and educational material if the ordinance takes effect.

Councilmembers and staff said they expect the city to publish maps and compliance guidance and to coordinate enforcement with the police department’s registration and monitoring processes.