For the purposes of this article, the following terms, words,
and the derivations thereof shall have the meanings [given herein]:
Refers to the database maintained by the Texas Department
of Public Safety pursuant to V.A.T.C. Code of Criminal Procedure sections
62.001 et seq., as amended.
Any type of child-care facility as defined in V.A.T.C. Human
Resources Code section 42.002, as amended.
The Texas Department of Public Safety.
A person younger than seventeen years of age.
A place where a person abides, lodges, or resides for a period
of seven (7) or more consecutive days.
Public parks or public recreational facilities open to minors,
private or public schools (excluding in-home schools, trade or business
schools, colleges, and universities), boy’s or girl’s
organizations chartered by a state or national organization, and day-care
centers.
Refers to the sex offender registration program promulgated
in V.A.T.C. Code of Criminal Procedure sections 62.001 et seq., as
amended.
A place where a person abides, lodges, or resides for a period
of seven (7) or more days in the aggregate during any calendar year
and which is not the person’s permanent address.
(1983 Code, sec. 18-86; Ordinance 2008-O0031, sec. 1, adopted 4/10/2008; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
It shall be unlawful for a person required to register on the
database under either of the following circumstances to establish
a permanent or temporary residence within one thousand (1,000) feet
of any premises, to wit:
(1)
For an offense involving a minor under any provision of the Texas
Penal Code, as amended, requiring the person to register on the database.
(2)
For an offense under federal law, the laws of any state, the laws
of any foreign country, or the Uniform Code of Military Justice, if
the offense contains elements substantially similar to any of those
offenses in the Texas Penal Code involving a minor and requiring the
person to register on the database.
(1983 Code, sec. 18-87; Ordinance 2008-O0031, sec. 1, adopted 4/10/2008; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
For purposes of this article, the distance between a permanent
or temporary residence and the premises shall be determined by a straight
line from the outer property line of such permanent or temporary residence
in closest proximity to the nearest property line of the premises.
In the case of apartment complexes or other multiple residences, the
distance shall be determined by a straight line from the outer property
line of such apartment complex or other multiple residences in closest
proximity to the nearest property line of the premises.
(1983 Code, sec. 18-88; Ordinance 2008-O0031, sec. 1, adopted 4/10/2008; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
It shall be an affirmative defense to prosecution for any violation
under this article if:
(1)
The person required to register on the database established the permanent
or temporary residence prior to the date of adoption of this article
and has complied with the program.
(2)
The person required to register on the database is a minor.
(3)
The premises were dedicated, constructed, or opened after the person
established the permanent or temporary residence and has complied
with the program.
(4)
The person was erroneously listed on the database or the information
necessary to establish an essential element of the offense under this
article is erroneous.
(1983 Code, sec. 18-89; Ordinance 2008-O0031, sec. 1, adopted 4/10/2008; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
A violation of this article shall constitute a misdemeanor and,
upon conviction thereof, shall be punishable by a fine not to exceed
two thousand dollars ($2,000.00). Each day a violation is committed
or continues shall constitute and be punishable as a separate offense.
(1983 Code, sec. 18-90; Ordinance 2008-O0031, sec. 1, adopted 4/10/2008; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
