For the purposes of this division, the following terms, words,
and the derivations thereof shall have the meanings given herein:
A place where a person abides, lodges, or resides for 14
or more consecutive days.
A place or places where a person abides, lodges, or resides
for a period of 14 or more days in the aggregate during any calendar
year and which is not the person’s permanent residence, or a
place or places where a person routinely abides, resides, or lodges
for a period of four or more consecutive or nonconsecutive days in
any month and which is not the person’s permanent residence.
(Ordinance 06-068 adopted 7/11/06)
It shall be unlawful for any person required to register on
the state department of public safety’s sex offender database
(the “database”) because of a violation involving a victim
who was less than 17 years of age to establish a permanent residence
or temporary residence within 1,000 feet of any defined premises where
children commonly gather, including but not limited to, a playground,
school, day-care facility, public or private youth center, public
swimming pool, or church as those terms are defined in article 481.134
of the Health and Safety Code of the state.
(Ordinance 06-068 adopted 7/11/06)
(a)
It shall be prima facie evidence that this division applies to such
a person if that person’s record appears on the database and
the database indicates that the victim was less than 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 the permanent or temporary residence to
the nearest property line of the premises where children commonly
gather, as described herein above, or, in the case of multiple residences
on one property, measuring from the nearest wall of the building or
structure occupied of the parking lot or driveway, whichever is closer
to the nearest property line of the premises where children commonly
gather, as described herein.
(c)
A map depicting the prohibited areas shall be created by the city
and maintained by the police department. The city shall review the
map annually for changes. Said map will be available to the public
at the police department.
(Ordinance 06-068 adopted 7/11/06)
Neither allegation nor evidence of a culpable mental state is
required for the proof of an offense defined by this division.
(Ordinance 06-068 adopted 7/11/06)
Proof of the following shall constitute an affirmative defense
to prosecution under this division:
(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 this division
(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, as specified herein,
within 1,000 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.
(5)
The information on the database is incorrect, and, if corrected,
this division would not apply to the person who was erroneously listed
on the database.
(Ordinance adopted July 11, 2006; Ordinance 06-068 adopted 7/11/06)
Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this division shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount in accordance with section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 06-068 adopted 7/11/06)
Any violation of this division 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 division
or in the code of the city.
(Ordinance 06-068 adopted 7/11/06)
