For the purposes of this article, the following definitions
shall apply, unless the context clearly indicates or requires a different
meaning.
A facility providing care, training, education, custody,
treatment, or supervision for 7 or more children for less than 24
hours a day.
A person younger than 17 years of age.
Any of the following that is owned by the city, another political
subdivision of the state, or a residential property owner’s
association, and that is open to the public, regardless of whether
an entrance, admission, or rental fee is charged; a parcel or tract
of land, or a lot, devoted to recreational uses including a neighborhood,
community, or regional park; a skate park; a playground; a swimming
pool; a recreation center; an athletic field; or a greenbelt.
A place where the person abides, lodges, or resides for 14
or more consecutive days.
Any outdoor facility that is not on the premises of a school
and that is intended for recreation, is open to the public, and contains
three or more play stations intended for the recreation of children
including but not limited to slides, swing sets, and teeterboards.
A parcel or tract of land or a platted lot, where any of
the following is located: a park; a private or public school; a day-care
center; a public library; a video arcade; or an amusement park.
A place where the 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 the 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 2017-65 adopted 11/14/17)
Any person violating any provision of this article shall be subject to section 1.01.009(a), In addition to the penalties contained therein, the city may exercise rights and remedies pursuant to a development authorized by section 212.172 of the Texas Local Government Code and may file suit to enjoin violations of this article.
(Ordinance 2017-65 adopted 11/14/17)
(a)
It
is unlawful for a person to establish a permanent residence 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 because of a conviction(s)
involving a minor.
(b)
It
is unlawful for a person to go in, on, or within 1,000 feet of premises
where children commonly gather if the person is required to register
on the state department of public safety’s sex offender database
because of a conviction(s) involving a minor.
(Ordinance 2017-65 adopted 11/14/17)
(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 younger than 17 years of age.
(b)
For
the purpose of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the edge of the
lot, parcel, or tract of land containing the permanent residence or
temporary residence to the nearest boundary of the premises where
children commonly gather.
(c)
A
map depicting the prohibited areas shall be maintained by the city.
The city shall review the map at least annually for changes. The map
will be available to the public at the city police department. The
municipal court of the city shall take judicial notice of the map.
(Ordinance 2017-65 adopted 11/14/17)
Neither allegation nor evidence of a culpable mental state is
required for the proof of an offense defined by this article.
(Ordinance 2017-65 adopted 11/14/17)
It is an affirmative defense to prosecution 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.
(2)
The
person required to register on the database was a minor when he or
she committed the offense requiring such registration and was 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 residence or temporary residence of the
person to register on the database was opened after the person established
the permanent residence 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., Texas Code of Criminal Procedure
section 42.12(13B) and the court reduced or waived the 1,000-foot
restriction for a child free zone under V.T.C.A., section 42.12(13B)(a)(1)(B)
as it applies to the person’s residence.
(7)
The
person required to register on the database enters a school for the
specific purposes of conducting business with the school administration
or visiting a minor over whom the person required to register on the
database exercises legal guardianship, and who adheres to all applicable
policies of the school or school district regarding persons required
to register on the database, including but not limited to being escorted
on the school premises by a member of the school staff.
(8)
It
is not a defense to prosecution under this section that a person was
allowed by the city to register or verify a residence that is within
1,000 feet of premises where children commonly gather.
(9)
It is not a defense to prosecution that the map required by section 8.07.004(c) fails to depict a prohibited area.
(Ordinance 2017-65 adopted 11/14/17)
