(a) Childcare facility. City park. Continuously resided. Public or private youth center. Reside. School.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A facility which provides care, training, education, custody or supervision for at least seven children who are not related by blood, marriage, or adoption to the owner or operator of the facility, for part of the 24-hour day, at least three days per week, whether or not the facility is operated for profit or charges for the services it offers.
Any outdoor facility located on public property that is intended for recreation and is open to the public.
To live at a residence without a break or interruption in residency of more than 30 consecutive days. The following non-exclusive list of examples do constitute a break in residency:
Any recreational facility or gymnasium that:
To live, dwell, abide, stay, or lodge for a period of more than one day.
A private, public, or charter elementary or secondary school.
(b)
This section applies only to a person who is:
(1)
Required to register as a sex offender under Texas Ann. C.C.P. art. 62.001 et seq., because of a reportable conviction or adjudication involving a victim younger than 17 years of age; or
(c)
A person to whom this section applies may not negligently reside within 1,000 feet of a school, childcare facility, public or private youth center, or city park, as measured in a straight line from the nearest property line of the residence to the nearest property line of the school, childcare facility, youth center, or city park.
(d)
It shall be an affirmative defense to prosecution pursuant to this section that a person residing within 1,000 feet of a school, childcare facility, youth center, or city park:
(1)
Established the residence prior to April 4, 2006, and continuously resided at said residence after said date;
(2)
Is under the age of 18 years;
(3)
Is residing at the residence at the time the school, childcare facility, youth center, or park is established or extended to within 1,000 feet of the residence; or
(4)
Is an inpatient at a licensed medical facility or at a state-operated medical or mental health institution.
(Ordinance 23-2006, sec. 2, adopted 4/4/06; Ordinance 41-2006, sec. 1, adopted 6/6/06)