For the purposes of this article the following words, terms, and phrases shall have the meanings ascribed thereto, unless the context of their usage clearly indicates otherwise.
City
shall mean the City of El Lago, Texas, a general law municipal corporation of the State of Texas.
City council
shall mean the governing body of the city.
City park
shall mean any land owned or controlled by the city that has been designated for use as a city park, including, but not limited to, all recreational areas located within the city such as jogging trails, hiking trails, biking trails, parks, swimming pools, athletic fields, or other recreational areas under the jurisdiction of the city.
Child sex offender
shall mean:
(1) 
A person who pursuant to Vernon’s Ann. C.C.P. art. 42.12 sec. 9A(a)(2), has been convicted or has entered a plea of guilty or nolo contendere for an offense under any one (1) of the following provisions of the Texas Penal Code:
a. 
V.T.C.A., Penal Code sec. 21.11 (indecency with a child);
b. 
V.T.C.A., Penal Code sec. 43.25 (sexual performance by a child);
c. 
V.T.C.A., Penal Code sec. 43.26 (possession or promotion of child pornography); and/or
(2) 
A person who has been convicted or has entered a plea of guilty or nolo contendere for an offense under V.T.C.A., Penal Code sec. 43.251 (Employment harmful to children) and/or sec. 43.05(2) (Compelling prostitution); and/or
(3) 
A person who has been convicted or has entered a plea of guilty or nolo contendere for an offense under any substantially similar federal law or law of another state, or law of a foreign country, or the Uniform Code of Military Justice, or the attempt to commit a sex offense; and/or
(4) 
A person who has registered as a child sex offender or was/is required to register as a child sex offender by any state law, federal law, law of a foreign country, the Uniform Code of Military Justice, or pursuant to Vernon’s Ann. C.C.P. Ch. 62, is required to register as a child sex offender.
Loiter
shall mean standing or sitting idly, whether or not the person is in a vehicle or remaining in or around certain property or a public way.
Public way
shall mean any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, common areas of schools, parking lots, parks, playgrounds, transportation facilities, restaurants, shops, taverns, cafes, and similar areas that are open to the use of the public.
Permanent residence
shall mean a place where a person abodes, lodges or resides for fourteen (14) or more consecutive days.
Temporary residence
shall mean a place where a person abodes, 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 the person routinely abodes, 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 355, sec. 2, adopted 11/6/06)
(a) 
It is unlawful for a child sex offender to establish a permanent residence or a temporary residence within one thousand five hundred (1,500) feet of a public elementary school, a city park, or any premises where children commonly gather, including, but not limited to, a daycare center, a playground, a public or private youth center, a public swimming pool, a video arcade facility, or other such public gathering place.
(b) 
For the purpose of determining the minimum distance separation, the requirement described above 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 public elementary school, city park or the premises where children commonly gather as described herein, or, in the case of multiple residences on one (1) property, measuring from the nearest wall of the building or structure occupied or the parking area or driveway of the property, whichever is closer to the nearest property line of the public elementary school, city park or the premises where children commonly gather as described herein.
(c) 
In a case of a dispute over measured distances, the burden of proof shall be upon the person challenging the measurement to prove that the minimum distance separation is greater than one thousand five hundred (1,500) feet.
(d) 
Any person, firm or corporation that violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500.00).
(e) 
A child sex offender who has established a permanent residence or a temporary residence within one thousand five hundred (1,500) feet of a public elementary school, a city park or those premises where children commonly gather, as described herein, does not commit a violation of this article if any of the following apply:
(1) 
The person established the permanent residence or the temporary residence and has complied with all the sex offender registration laws of the State of Texas prior to the date of the adoption of this article;
(2) 
The person was a minor when he or she committed the offense defining them as a child sex offender and was not so convicted of the offense as an adult;
(3) 
The person is a minor; or
(4) 
The public elementary school, city park or the premises where children commonly gather, as described herein, which is located within one thousand five hundred (1,500) feet of the person’s permanent residence or temporary residence was opened only after the person established the permanent residence or temporary residence and complied with all sex offender registration laws of the State of Texas.
(Ordinance 355, sec. 3, adopted 11/6/06)
(a) 
It shall be unlawful to sell, let, or rent any house, building or other structure or part thereof, any structure of a temporary character, trailer, trailer house, mobile home, manufactured home, basement, tent, shed, barn or garage or other conveyance with the knowledge that it will be used as a permanent residence or a temporary residence by a child sex offender prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this article if such is located within one thousand five hundred (1,500) feet of a public elementary school, city park or of any premises where children commonly gather, as described herein.
(b) 
Any person, firm or corporation who has violated this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500.00).
(Ordinance 355, sec. 4, adopted 11/6/06)
(a) 
It shall be unlawful for a child sex offender to knowingly be present at any time in a public elementary school or city park or to knowingly loiter on a public way within five hundred (500) feet of a public elementary school or city park.
(b) 
Any person, firm or corporation who violates this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00).
(Ordinance 355, sec. 5, adopted 11/6/06)
Any violation of this article may be enjoined by a suit filed in the name of the City of El Lago, Texas, in a court of competent jurisdiction and this remedy shall be in addition to any penal provision of this article or in the Code of Ordinances of the City of El Lago, Texas.
(Ordinance 355, sec. 6, adopted 11/6/06)