(Ord. No. B-803-13, § 1, 2-18-2013)
For the purposes of this article, the following terms, words, and the derivations thereof shall have the meanings given herein:
CHILD CARE FACILITY
A facility licensed, certified, or registered by the department to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
COMMUNITY SWIMMING POOL
Any manmade permanently installed or non-portable structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, aquatic sports, or other aquatic activity other than a residential pool and that is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. The pool may be either publicly or privately owned. The term does not include a spa or a decorative fountain that is not used as a pool.
DATABASE
The Texas Department of Public Safety's Sex Offender Database.
DAY CARE CENTER
A child care facility that provides care at a location other than the residence of the director, owner, or operator of the child care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.
MINOR
A person younger than 17 years of age.
PARK
Any public or private land designated for, and used by the public as, a park, recreation area or wildlife refuge.
PERMANENT RESIDENCE
A place where a person abides, lodges, or resides for 14 or more consecutive days.
SEX OFFENDER
A person required to register as a sex offender pursuant to Chapter 62, Code of Criminal Procedure, on the Texas Department of Public Safety's Sex Offender Database because of a reportable conviction or adjudication involving a minor.
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, 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.
(Ord. No. B-803-13, § 1, 2-18-2013)
(a) 
For each person required to register as a sex offender pursuant to Chapter 62, Code of Criminal Procedure, on the Texas Department of Public Safety's Sex Offender Database (the "database") because of a reportable conviction or adjudication involving a victim younger than 17 years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any defined premises where children commonly gather, including a playground, school, day care center, video arcade facility, public or private youth center, park, or community swimming pool, as those terms are defined in V.T.C.A., Health and Safety Code § 481.134 or as defined above.
(b) 
Nothing in this provision shall require any person to sell or otherwise dispose of any real estate or home acquired or owned prior to the conviction of the person as a sex offender.
(Ord. No. B-803-13, § 1, 2-18-2013)
(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 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 above. In the case of multiple residences on one property, the distance requirement shall be measured from the nearest portion of the building or structure used as a permanent or temporary residence by the sex offender or the parking lot or driveway providing access to the building or structure, whichever is closest 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 Burleson Police Department. The city shall review the map annually for changes. Said map will be made available to the public by the Burleson Police Department.
(Ord. No. B-803-13, § 1, 2-18-2013)
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 of Texas, 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 not convicted as an adult.
(3) 
The person required to register on the database is a minor.
(4) 
The premises where children commonly gather 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 of Texas.
(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 sex offender's duty to register expired.