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:
Child care facility.
A facility licensed, certified, or registered by the state health and human services commission to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services.
Child or children.
A person younger than seventeen (17) years of age.
Database.
The state department of public safety’s sex offender database.
Permanent residence.
A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
Playground.
Any outdoor facility that is not on the premises of a school and that:
(1) 
Is intended for recreation;
(2) 
Is open to the public; and
(3) 
Contains three or more play stations intended for the recreation of children, such as slides, swing sets, and teeterboards.
Public swimming pool.
An artificial body of water, including a spa, maintained expressly for public recreational purposes, swimming and similar aquatic sports, or therapeutic purposes.
Safe haven.
A location within the city that may take emergency possession of an abandoned child as provided in Texas Health and Safety Code chapter 262, subchapter D, and shall include fire stations.
School.
A private or public elementary or secondary school or a day-care center, as defined by Texas Human Resources Code, section 42.002, as amended.
Sex offender.
An individual who has been convicted of or placed on deferred adjudication of a sexual offense involving a child for which the individual is required to register as a sex offender under chapter 62 of the Texas Code of Criminal Procedure.
Temporary residence.
A place where a person abides, lodges, or resides for 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.
Video arcade facility.
Any facility that:
(1) 
Is open to the public, including persons who are 17 years of age or younger;
(2) 
Is intended primarily for the use of pinball or video machines; and
(3) 
Contains at least three pinball or video machines.
Youth center.
Any recreational facility or gymnasium that is intended primarily for the use by persons who are 17 years of age or younger and regularly provides athletic, civic, or cultural activities.
(Ordinance 2014-03-17-012, sec. 2, adopted 3/17/14)
(a) 
It is unlawful for a sex offender to establish a permanent residence or temporary residence within 2,000 feet of any premises where children commonly gather, including, but not limited to, a school, child care facility, park, playground, youth center, public swimming pool, safe haven, or video arcade facility.
(b) 
It is unlawful to lease, rent or otherwise provide any residence, dwelling, place, structure or part thereof, manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence pursuant to the terms of this section, if such place, structure or part thereof, manufactured home, trailer or other conveyance is located within 2,000 feet of any premises where children commonly gather, including, but not limited to, a school, child care facility, park, playground, youth center, public swimming pool, safe haven, or video arcade facility.
(Ordinance 2014-03-17-012, sec. 3, adopted 3/17/14)
(a) 
It shall be prima facie evidence that this article applies to such a person if that person’s record appears on the database and the database indicates that the victim was less than seventeen (17) years of age.
(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 a permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described in this article, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises where children commonly gather as described in this article.
(c) 
A map depicting the prohibited areas shall be created and maintained by the city. The city shall review the map at least annually for changes and make such map available to the public at the city police department.
(d) 
In cases of a dispute over measured distances, it shall be incumbent upon the person(s) challenging the measurement to prove otherwise.
(Ordinance 2014-03-17-012, sec. 4, adopted 3/17/14)
Neither allegation nor evidence of culpable mental state is required for the proof of an offense defined by this article.
(Ordinance 2014-03-17-012, sec. 5, adopted 3/17/14)
A person described herein, residing within 2,000 feet of those places where children commonly gather, as specified herein, does not commit a violation of this article if any of the following 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 the ordinance from which this article derives;
(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, including, but not limited to, a school, child care facility, park, playground, youth center, public swimming pool, safe haven, or video arcade facility, within 2,000 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; or
(5) 
The information on the database is incorrect, and if corrected, this article would not apply to the person who was erroneously listed on the database.
(Ordinance 2014-03-17-012, sec. 6, adopted 3/17/14)
A violation of any provision of this article shall be deemed to be a misdemeanor and, upon conviction, such violation shall be punishable by a fine in an amount not to exceed $500.00. Each day of violation shall constitute a separate offense.
(Ordinance 2014-03-17-012, sec. 7, adopted 3/17/14)
Any violation of this article may be enjoined by a suit filed in the name of the city in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this article or in the Code of Ordinances of the city.
(Ordinance 2014-03-17-012, sec. 8, adopted 3/17/14)