For the purposes of this article, the following words, terms
and phrases when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning:
An individual who, because of one or more violations involving
a minor, is required to register as a sex offender under: Chapter
62 of the Texas Code of Criminal Procedure; the laws of another state;
federal law; the laws of a foreign country; or the Uniform Code of
Military Justice.
Land owned or controlled by a unit of local government which
is designated by the unit of local government for use solely or primarily
for children’s recreation.
City recreational areas, including but not limited to city
recreational parks, as well as the soccer fields and baseball fields
under the jurisdiction of a unit of local government.
A person who is under the age of seventeen (17) years of
age.
A place where a person abides, lodges, or resides for fourteen
(14) or more consecutive days.
Any city park, city recreational center, private or public
youth center, video arcade, public or private school, child-care facility,
or daycare center as those terms are defined in Texas Health and Safety
Code, sections 341.064 and 481.134, and Texas Human Resources Code,
section 42.002.
Any owner of record, person who has contractual responsibility
for the property, or person who has the legal right of possession
of the property.
A place where a person abides, 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 a person routinely abides, resides, or lodges for a period of
seven (7) or more consecutive or nonconsecutive days in any month
and which is not the person’s permanent residence.
(Ordinance O-17-06-15-10C adopted 6/15/17)
It is unlawful for a child sex offender to establish a permanent
or temporary residence, within one thousand (1,000) feet of any premises
where children commonly gather.
(Ordinance O-17-06-15-10C adopted 6/15/17)
(a)
Generally.
A child sex offender shall not participate
in any program or event that includes minors as participants and regularly
provides athletic, civic, or cultural activities.
(b)
Halloween.
A child sex offender shall not on each October
31st leave an exterior porch light on or otherwise invite trick-or-treaters
to the premises.
(Ordinance O-17-06-15-10C adopted 6/15/17)
(a)
Neither allegation, nor evidence, of a culpable mental state is required
for the proof of an offense defined by this article.
(b)
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 person is subject to registration
for an offense involving a minor.
(c)
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. In the case of multiple residences
on one (1) property, measurement is from the nearest wall of the building
or occupied structure or the parking/driveway, whichever is closer
to the nearest property line of the premises to the nearest property
line of the premises where children commonly gather, as described
herein.
(d)
The city will maintain a map depicting the prohibited areas. The
city shall annually review the map for changes. Said map will be available
to the public, at the city police department.
(e)
In cases of a dispute over measured distances, it shall be incumbent
upon the person(s) challenging the measurement to prove otherwise.
(f)
Nothing in this section is intended to modify or reduce a “child
safety zone” implemented by a court or parole panel.
(Ordinance O-17-06-15-10C adopted 6/15/17)
It is unlawful to let or rent any place, structure or part thereof,
manufactured home or trailer, with the knowledge that it will be used
as a permanent residence or temporary residence by any person prohibited
from establishing such permanent residence or temporary residence
pursuant to the terms of this chapter, if such place, structure or
part thereof, manufactured home, trailer, or other conveyance, is
located within one thousand (1,000) feet of any premises where children
commonly gather.
(Ordinance O-17-06-15-10C adopted 6/15/17)
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 was a minor when he/she committed the offense and was
not convicted as an adult;
(3)
The person is a minor;
(4)
The premises where children commonly gather, as specified herein,
within one thousand feet (1,000) of the permanent or temporary residence
of the person required to register on the database was opened, established
or created after the date the person had 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
chapter would not apply to the person; or
(6)
At the time of the violation, the person was subject to community
services supervision pursuant to article 42.12, section 13B of the
Texas Code of Criminal Procedure, and the court reduced or waived
the 1,000-foot restriction as it pertains to the person’s residence.
(Ordinance O-17-06-15-10C adopted 6/15/17)
Any firm, corporation or person who violates any provision contained
in the provisions of this article is guilty of a misdemeanor, and
upon conviction, shall be fined in an amount not to exceed five hundred
dollars ($500.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
(Ordinance O-17-06-15-10C adopted 6/15/17)
