The findings and recitations set out in the preamble to Ordinance 2009-06 are found to be true and correct and they are hereby adopted by the city council and made a part hereof for all purposes as findings of fact. The city council further finds that certain predator sex offenders are likely to repeat offenses, to have many more victims than are ever reported, and to be prosecuted for only a fraction of their actual sexual offenses. The city council further finds that many children lack the ability to protect themselves from predator sex offenders. The council further finds that the safety of children is paramount and the restrictions provided in this article will serve the public safety of the children and the public welfare by providing some peace of mind to parents.
(Ordinance 2009-06, sec. 1, adopted 4/23/09)
For the purposes of this article the following terms, words, and the derivation thereof shall have the meanings given herein.
Datebase.
The central database, also known as the Texas Department of Public Safety Public Sex Offender Database, required to be maintained by the state department of public safety pursuant to article 62.005 of the Texas Code of Criminal Procedure.
Day-care center.
A child-care facility that is registered, licensed or listed by the state.
Minor.
A minor is a person younger than seventeen (17) years of age.
Permanent residence.
A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
Person.
Includes an individual, firm, corporation, or other business entity.
Premises where children commonly gather.
Public parks, private and public schools, amusement arcades, video arcades and youth centers as defined in section 481.134 of the Texas Health and Safety Code, indoor and outdoor amusement centers that cater primarily to children, amusement parks, public, commercial, and semi-private swimming pools, child day-care centers, and public or private school or day-care bus stop. For the purposes of this article planted street medians are not public parks.
Registrant.
A person who has a reportable conviction or adjudication or who, pursuant to chapter 62 of the Texas Code of Criminal Procedure, is required to register with the state department of public safety’s database as a condition of parole, release to mandatory supervision, or community supervision.
Reportable conviction or adjudication.
A conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on those enumerated offenses set forth in article 62.001(5) of the Texas Code of Criminal Procedure.
Temporary residence.
(1) 
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
(2) 
A place where a person routinely abides, resides or lodges for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.
(Ordinance 2009-06, sec. 2, adopted 4/23/09)
(a) 
It shall be unlawful for a registrant to establish a permanent residence or temporary residence within 1,000 feet of any premises where children commonly gather.
(b) 
It is unlawful for any person to lease, rent, or otherwise provide any residence, dwelling, place, structure, or part thereof, manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by a registrant.
(Ordinance 2009-06, sec. 3, adopted 4/23/09)
(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 seventeen (17) years of age.
(b) 
For the purposes of determining the minimum distance separation, the distance 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; provided that:
(1) 
In the case of multiple residences on one property, measurement is from the nearest property line of the residence premises following a straight line to the nearest property line of the premises where children commonly gather; and
(2) 
In the case of a bus stop, measurement is from the center point of the stop following a straight line to the property line of the permanent or temporary residence.
(c) 
A map depicting the prohibited areas shall be maintained by the city. The city shall review the map every three (3) months for changes. The map will be available to the public at the police department.
(Ordinance 2009-06, sec. 4, adopted 4/23/09)
It is an affirmative defense to prosecution that any of the following conditions apply, provided that there is no court order in effect applicable to the registrant that provides otherwise:
(1) 
The registrant 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 registrant was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(3) 
The registrant 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 registrant established the permanent or temporary residence and the registrant has 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.
(Ordinance 2009-06, sec. 5, adopted 4/23/09)
(a) 
A person may request a variance from the terms of this article based upon the grounds set forth in this section.
(b) 
A request for a variance from the terms of this article shall be submitted in writing to the city secretary and shall include the following information:
(1) 
The person’s name and address;
(2) 
The offense(s) requiring registration on the database for which the person was convicted;
(3) 
Dates of conviction(s);
(4) 
The specific grounds supporting the person’s request for a variance; and
(5) 
Any other information requested by the city.
(c) 
The chief of police may grant a variance request based upon the grounds set forth in this section. The chief of police shall issue a written ruling on a variance request within ten business days of receiving a completed application. The chief of police’s ruling may be appealed to the city council by submitting a written request for appeal to the city secretary within ten days from the date of the chief of police’s ruling or the deadline for issuance of a ruling, in the event the chief of police does not make a ruling within the required time period. Upon receipt of a written appeal, the city secretary shall schedule the appeal for the next regularly scheduled city council meeting for which notice can be lawfully posted.
(d) 
In addition to the grounds set forth in this section, the city council may grant a variance if it finds that the facts and circumstances demonstrate that the registrant’s temporary or permanent residence within the child safety zone will not be a danger to children. A variance requested under this subsection may be granted by the city council only. A person who seeks a variance under this section shall apply for a variance as provided in subsection (b). Upon receipt of a completed application, the city secretary shall schedule the variance request for the next regularly scheduled city council meeting for which notice can be lawfully posted. The person requesting the variance shall be notified of the city council’s decision in writing.
(e) 
A variance granted under this section may include waiving the application of section 8.05.003 to the registrant, or reducing the size of the safety zone as it applies to the registrant.
(Ordinance 2009-06, sec. 6, adopted 4/23/09)
Any person, firm or corporation violating a provision of this section shall be guilty of class C misdemeanor and upon conviction of such violation shall be punished by a penalty of $500.00 for each offense. Each day the violation continues shall constitute a separate offense.
(Ordinance 2009-06, sec. 7, adopted 4/23/09)