In this article:
Child care facility
means a facility which provides care, training, education,
custody or supervision for at least three (3) 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 (3) days
per week, whether or not the facility is operated for profit or charges
for the services it offers.
City park
means any outdoor facility located on public property that
is intended for recreation and is open to the public.
Public or private youth center
means any recreational facility or gymnasium that:
(1)
Is intended primarily for use by persons who are 17 years of
age or younger; and
(2)
Regularly provides athletic, civic, or cultural activities.
Reside
means to live, dwell, abide, stay, or lodge for a period
of more than one day.
School
means a private, public, or charter elementary or secondary
school.
(Ordinance 2608-437 adopted 8/14/06; Ordinance adopting 2020 Code)
(a) Applicability.
This section applies only to a person
who is:
(1) Required to register as a sex offender under chapter 62, Code of
Criminal Procedure, because of a reportable conviction or adjudication
involving a victim younger than 17 years of age; or
(2) Civilly committed as a sexually violent predator under chapter 841,
Health and Safety Code, and subject to outpatient treatment and supervision
under that chapter.
(b) Prohibited areas.
A person to whom this section applies
may not negligently reside within 1,000 feet of a school, child care
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, child care facility, youth
center, or city park.
(c) Exceptions.
A person residing within 1,000 feet of a
school, child care facility, youth center, or city park does not commit
a violation of this section if any of the following apply:
(1) The person established the residence prior to August 14, 2006.
(2) The person is under the age of 18 years.
(3) The person is residing at the residence at the time the school, child
care facility, youth center, or park is established or extended to
within 1,000 feet of the residence.
(d) Penalty.
A person to whom this section applies commits
a class C misdemeanor, punishable by a fine of not more than $2,000.00,
if a person violates this section. Each day a violation exists shall
constitute a separate offense.
(Ordinance 2608-437 adopted 8/14/06)