For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Day care center.
A facility providing care, training, education, custody, treatment, or supervision for 13 or more children for less than 24 hours a day.
Minor.
Any person under 17 years of age.
Permanent residence.
A place where a person abides, lodges, or resides for 14 or more consecutive days.
Premises.
Includes all improved and unimproved areas on the lot where the public park, public playground, private or public school, public swimming pool, semi-public swimming pool, or day care center is located.
Temporary residence.
A place 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 address, or a place where a person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person’s permanent address.
(2006 Code, sec. 46-1(a); Ordinance 06-08-702, sec. 2, adopted 8/7/06)
(a) 
It is unlawful for a person to establish a permanent or temporary residence within 1,000 feet of any premises where children commonly gather if the person is required to register on the state department of public safety’s sex offender database (the “database”) because of a conviction(s) involving a minor.
(b) 
For purposes of this article, premises where children commonly gather are deemed to be public parks, public playgrounds, private or public schools, public swimming pools, semi-public swimming pools, or day care centers.
(2006 Code, sec. 46-1(b); Ordinance 06-08-702, sec. 2, adopted 8/7/06)
(a) 
It shall be prima facie evidence that this article applies to 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 hereinabove, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein.
(c) 
A map depicting the prohibited areas shall be maintained by the city. The city shall review the map at least annually for changes. Said map will be available to the public at the city police department.
(d) 
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article.
(e) 
It is a defense to prosecution under this article that any of the following conditions 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 this article, August 7, 2006.
(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 article would not apply to the person who was erroneously listed on the database.
(6) 
The person was at the time of the violation subject to community services supervision pursuant to V.T.C.A., Code of Criminal Procedure art. 42.12, sec. 13B, as amended, and the court reduced or waived the 1,000-foot restriction for a child-free zone under V.T.C.A., Code of Criminal Procedure art. 42.12, sec. 13B(a)(1)(B), as it applies to the person’s residence.
(2006 Code, sec. 46-1(c); Ordinance 06-08-702, sec. 2, adopted 8/7/06)
A person who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed $500.00 for each offense, and each and every violation or day such violation shall continue or exist shall be deemed a separate offense.
(2006 Code, sec. 46-1(d); Ordinance 06-08-702, sec. 2, adopted 8/7/06)