For the purposes of this article, the following terms, words,
and the derivations thereof shall have the meanings given below:
A premises where children commonly gather. The term includes
without limitation a school, day-care facility, playground, public
or private youth center, public swimming pool, video arcade facility,
as those terms are or may be defined in Texas Health and Safety Code
section 481.134, or other facility that regularly holds events primarily
for children, and having the same exclusions as provided by Texas
Local Government Code section 341.906.
The Texas Department of Public Safety’s sex offender
database.
A person younger than seventeen years of age.
A place where a person abides, lodges, or resides for fourteen
or more consecutive days.
An individual who is required to register as a sex offender
under chapter 62, Code of Criminal Procedure because of a violation
involving a victim who was a minor.
A place where a person abides, lodges, or resides for a period
of fourteen 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.
(Ordinance 2018-1113-02 adopted 11/13/18)
(a)
It
is unlawful for a sex offender to go in, on, or within 1,000 feet
of a child safety zone in the city.
(b)
It
is unlawful for a sex offender to establish a permanent residence
or temporary residence within 1,000 feet of any child safety zone.
(c)
It
is unlawful to let or rent any place, structure or part thereof, with
the knowledge that it will be used as a permanent residence or temporary
residence by a sex offender prohibited from establishing such permanent
residence or temporary residence pursuant to the terms of this article.
(d)
Nothing
in this article shall be interpreted to modify or reduce the state’s
safety ban.
(e)
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 adoption
of this article.
(Ordinance 2018-1113-02 adopted 11/13/18)
(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 a minor as defined herein.
(b)
For the purposes of determining the minimum distance separation pursuant to section 8.07.002(a), the requirement shall be measured by following a straight line from the outer property line of the child safety zone to the location of the sex offender. For the purposes of determining the minimum distance separation pursuant to section 8.07.002(b), 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 child safety zone, or, 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 thereto, whichever is closest to the nearest property line of the premises where children commonly gather.
(Ordinance 2018-1113-02 adopted 11/13/18)
Other than the intent to establish a residence, no culpable
mental state is required to be proven by the prosecution as an element
of an offense defined by this article.
(Ordinance 2018-1113-02 adopted 11/13/18)
A sex offender is exempt from the provisions of this article
if the sex offender established the permanent residence or temporary
residence within 1,000 feet of a child safety zone prior to the date
of the adoption of this article. This exemption only applies to the
areas necessary for the registered sex offender to have access to
and to live in the residence and during the period the registered
sex offender maintains residency in the residence. A sex offender
may apply for an exemption pursuant to this section by submitting
an application for an exemption to the city secretary specifying the
background, reason, evidence, and scope of the requested exemption.
The city secretary may seek additional information from the requestor,
and shall issue a written determination on the requested exemption
within ten business days from the filing of the request. The requestor
may appeal to the city council from the determination of the city
secretary by filing such appeal request in writing to the city secretary
within ten business days of the city secretary’s determination
and at least five days before the next regularly scheduled council
meeting and the council shall issue a written determination at the
next regularly scheduled meeting.
(Ordinance 2018-1113-02 adopted 11/13/18)
It is an affirmative defense to prosecution under this article
that any of the following conditions apply:
(1)
The
sex offender was a minor when he or she committed the offense requiring
registration in the database and was not convicted as an adult.
(2)
The
sex offender is a minor.
(3)
The
premises qualifying as a child safety zone, as specified herein, within
1,000 feet of the sex offender’s permanent residence or temporary
residence was opened after the sex offender established the permanent
residence or temporary residence, and the sex offender has complied
with all state sex offender registration laws.
(4)
The
person proves that the information on the database is incorrect, and,
if corrected, this article would not apply to the person.
(5)
The
sex offender was at the time of the violation subject to community
services supervision pursuant to section 13B of article 42.12 of the
Texas Code of Criminal Procedure, as amended, and the court reduced
or waived the 1,000-foot restriction for a child free zone under section
13B(a)(1)(B) of article 42.12 of the Texas Code of Criminal Procedure,
as amended, as it applies to the person’s residence.
(6)
The
sex offender was in, on, or within 1,000 feet of a child safety zone
for a legitimate purpose. A legitimate purpose includes:
(Ordinance 2018-1113-02 adopted 11/13/18)
Any person, firm, corporation, agent or employee thereof who
violates any of the provisions of this article shall be guilty of
a misdemeanor and upon conviction thereof shall be subject to a fined
not to exceed $500.00. Each day that a violation is permitted to exist
shall constitute a separate offense. Nothing herein contained shall
prevent the city from taking such other lawful action as is necessary
to prevent or remedy any violation.
(Ordinance 2018-1113-02 adopted 11/13/18)
All the regulations provided in this article are hereby declared
to be governmental and for the health, safety and welfare of the general
public. Any member of the city council or any city official or employee
charged with the enforcement of this article, acting for the city
in discharging those duties, shall not thereby render that member
personally liable; and that member is hereby relieved from all personal
liability for any damage that might accrue to persons or property
as a result of any act required or permitted in the discharge of those
duties.
(Ordinance 2018-1113-02 adopted 11/13/18)
Any violation of this article can be enjoined by a suit filed
in the name of the city in a court of competent jurisdiction, and
this remedy shall be in addition to any penal provision in this article
or in the code of the city.
(Ordinance 2018-1113-02 adopted 11/13/18)
