The findings set forth [in this article] are incorporated into the body of this article as if fully set forth herein.
(Ordinance 08-03-32, sec. 1, adopted 3/4/08)
For the purpose of this section, the following terms, words, and the derivations thereof shall have the meaning given herein.
Day care center.
A facility providing care, training, education, custody, treatment, or supervision for 13 or more children for less than 24 hours a day.
Minor.
A person under the age of 17.
Park.
Shall have the same meaning as that which is provided for in section 58-91 of this Code, as amended.
Permanent residence.
A place where a person abides, lodges, or resides for 14 or more consecutive days.
Premises where children commonly gather.
All improved and unimproved areas on a lot where a public park (excluding planted street medians), private or public school (excluding in-home schools), day care center, or private recreational facility, including a park, pool, playground, skate park, or youth athletic field:
(1) 
Owned by a residential property owners association; or
(2) 
For which an entrance, admission, or rental fee is charged;
is located or reasonably anticipated to be located.
Sex offender.
A person who is required to register on the Texas Department of Public Safety's Sex Offender Database (the "database") because of a conviction(s) involving a minor.
Temporary residence.
A place where a person abides, lodges, or resides for a period of 14 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.
(Ordinance 08-03-32, sec. 2, adopted 3/4/08; Ordinance 10-02-12, sec. 2, adopted 2/16/10; Ordinance 15-02-05, sec. 2, adopted 2/3/15)
(a) 
It is unlawful for a person who meets the definition of a 'sex offender' to establish a permanent residence or temporary residence within 1,000 feet of any premises where children commonly gather.
(b) 
Culpable mental state is not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this chapter.
(Ordinance 08-03-32, sec. 3, adopted 3/4/08)
(a) 
It shall be prima facie evidence that this section applies to a person if that person's record appears on the database and the database indicates that the victim was less than 17 years of age.
(b) 
For the purpose of determining the minimum distance of separation, the requirements 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.
(c) 
A map depicting the prohibited areas shall be maintained by the city. The city shall review the map annually for changes. Said map will be available to the public at the Frisco Police Department.
(Ordinance 08-03-32, sec. 4, adopted 3/4/08)
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 this article.
(2) 
The person required to register on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(3) 
The person required to register on the database is a minor.
(4) 
The premises where children commonly gather, as specified herein, within 1,000 feet of the permanent or temporary residence of the person required to register on the database, was designated, declared and/or determined, within the sole discretion of the property owner, after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas.
(5) 
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.
(6) 
The person was at the time of the violation subject to community services supervision pursuant to V.T.C.A., Texas Code of Criminal Procedure sec. 42.12(13B) and the court reduced or waived the 1,000-foot restriction for a child free zone under V.T.C.A., sec. 42.12(13B)(a)(1)(B) as it applies to the person's residence.
(7) 
It is not a defense to prosecution under this section that a person was allowed by the city to register or verify a residence that is within 1,000 feet of premises where children commonly gather.
(Ordinance 08-03-32, sec. 5, adopted 3/4/08; Ordinance 10-02-12, sec. 3, adopted 2/16/10)
All provisions of any ordinance in conflict with this article are hereby repealed, but such repeal shall not abate any pending prosecution of violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect.
(Ordinance 08-03-32, sec. 6, adopted 3/4/08)
Should any section, subsection, sentence, clause, phrase or word of this article be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this article shall remain in full force and effect. Frisco hereby declares that it would have passed this article, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
(Ordinance 08-03-32, sec. 7, adopted 3/4/08)
Any person, firm, corporation, agent or employees thereof who violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed $2,000.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 08-03-32, sec. 8, adopted 3/4/08)