Any lot or tract of land that is used as a:
Any land designated for public recreation or any athletic
field that is owned, leased, or maintained by the city.
The place within the city:
(Ordinance 2980 adopted 4/12/21)
(a)
It
is unlawful for any person who is required by law to register on the
department of public safety's sexual offender database because of
a violation involving a victim or an intended victim who was 17 years
of age or younger, to have a residence within 2,500 feet of any child
area.
(b)
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.
(c)
It
is a defense to prosecution under this section that a person who has
a residence within 2,500 feet of a child area:
(2)
Established the residence and complied with all the sexual offender
registration laws of the state prior to or on April 12, 2021, and
has not been convicted of an offense after April 12, 2021 that:
(A)
Requires the person to register under article 62.001(5), Texas Code
of Criminal Procedure; and
(B)
Involves a victim or intended victim who was 17 years of age or younger;
or
(C)
Established the residence and complied with all sexual offender registration
laws of the state prior to the date a new child area is established,
and has not been convicted of an offense after the later of April
12, 2021, or the date the new child area is established, that:
(d)
For purposes of subsection (c), a person is considered to have established a residence at the correctional facility, as that term is defined under section 1.07(14), Texas Penal Code, in which the person is confined for a conviction of any criminal offense and for more than seven consecutive days after April 12, 2021.
(e)
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
2,500 feet of any child area.
(Ordinance 2980 adopted 4/12/21)
(a)
It
is unlawful for a property owner to rent a residential property located
within 2,500 feet of a child area to a person prohibited under this
division from having a residence within 2,500 feet of any child area.
(b)
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 department of public safety's sexual
predator registration database and that at the time the property owner
conducted the criminal history check and reviewed the sexual predator
database, the sexual offender's criminal history did not include a
record of a sexual offense and the offender's name did not appear
in the database.
(c)
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.
(Ordinance 2980 adopted 4/12/21)
It is unlawful for any person to enter a park if the person
is required by law to register on the department of public safety's
sexual offender database because of a violation involving a victim
or an intended victim who was 17 years of age or younger.
(Ordinance 2980 adopted 4/12/21)
