For the purposes of this article, the following terms, words, phrases and the derivations thereof shall have the meanings given herein:
Minor.
A person younger than seventeen (17) years of age.
Permanent residence.
A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
Premises where minors commonly gather.
A public park, private or public school, or day care center as such terms are defined in the development code of the city, or any public or nonprofit recreational facility, including any homeowners’ association recreational facility. For the purposes of this article, planted street medians are not public parks.
Temporary residence.
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 a person routinely abides, resides, or lodges for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.
(Ordinance 2008-06-22 adopted 6/23/08)
Each person required by law to register as a sex offender because of an offense involving a minor as defined herein, including an offense under section 43.26 of the Texas Penal Code, shall be required to register with the police department and it shall be unlawful for such person to establish a permanent residence or temporary residence within 1,000 feet of any “premises where children commonly gather.” It shall be a separate offense each and every day that a person violates the provisions of this section.
(Ordinance 2013-09-31 adopted 9/16/13)
(a) 
It shall be prima facie evidence that this section applies to such a person if that person’s record appears on the database and the database indicates the offense is an offense involving a minor as defined herein.
(b) 
For the purposes of determining the minimum distance separation, the requirement 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 at least annually for changes. Said map will be available to the public through the city police department.
(Ordinance 2008-06-22 adopted 6/23/08; Ordinance 2013-09-31 adopted 9/16/13)
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 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 opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state.
(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.
(Ordinance 2008-06-22 adopted 6/23/08)
An offense under this article shall be deemed to be a misdemeanor, and upon conviction is punishable by a fine in accordance with section 1.01.009 for each offense.
(Ordinance 2008-06-22 adopted 6/23/08)