The following terms and words shall have the meaning given herein:
Any person under the age of seventeen (17).
Public parks, private and public schools, public libraries,
amusement arcades, video arcades, indoor and outdoor amusement centers,
amusement parks, public or commercial and semi-private swimming pools,
childcare facilities, childcare institutions, public or private youth
soccer, baseball, or other recreational fields, crisis centers or
shelters, skate parks or rinks, public or private youth centers, movie
theaters, bowling alleys, scouting facilities, places of worship,
and offices of child protective services.
A family daycare home which provides regular care to no more
than four (4) children under fourteen (14) years of age, excluding
children related to the caretaker, and provides care after school
hours for not more than six (6) additional elementary school children,
but the total number of children, including those related to the caretaker
shall not exceed twelve (12) at any given time.
A commercial daycare center, that provides regular care to
any number of adults or children for less than twenty-four (24) hours
a day.
The Texas Department of Public Safety sex offender database
or the sex offender registration files maintained by the sex offender
registration officer, if any, of the police department.
Standing, sitting idly, whether or not the person is in a
vehicle or remaining in or around an area.
One of the following:
Any land, including improvements to the land that is administered,
operated, or managed by the city for the use of the general public
as a recreational area.
City recreational areas, include, but are not limited to, bus
stops, conservation areas, jogging trails, hiking trails, bicycle
trails, recreational vehicle parks, recreational centers, water parks,
swimming pools, soccer fields, or baseball fields.
A place where a person lodges, resides, or abides for fourteen
(14) or more consecutive days.
The same as a child safety zone.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, shopping
centers, parking lots, transportation facilities, restaurants, shops,
and similar areas that are open to the use of the public.
A private or public preschool, private or public elementary
school, private or public secondary school.
An individual who has been convicted of or placed on deferred
adjudication for a sexual offense involving a person under seventeen
(17) years of age for which the individual is required to register
as a sex offender pursuant to chapter 62, Texas Code of Criminal Procedures.
A place where a person lodges, resides, or abides for a period
of fourteen (14) or more days in the aggregate, during any calendar
year which is not the person’s permanent address, or a place
where the person routinely lodges, resides, or abides 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 0608-10 adopted 6/8/10)
(a)
It
is an offense for a sex offender to establish a permanent residence
or temporary residence within 1,000 [feet] of the real property comprising
a school, childcare facility, childcare institution, park or playground,
or other places where children regularly congregate.
(b)
It
is an offense for a sex offender to knowingly enter a child safety
zone.
(c)
It
is an offense for a sex offender to knowingly loiter on a public way
within 300 feet of a child safety zone.
(d)
A
sex offender shall not, on each October 30 and 31 (or any other date
set by the city for trick-or-treaters) between the hours of 4:00 p.m.
and 11:00 p.m. leave an exterior porch light on or otherwise invite
trick-or-treaters to solicit the premises.
(Ordinance 0608-10 adopted 6/8/10)
It is unlawful to let or rent any place, structure, or part
thereof, manufactured home, trailer, or any other conveyance with
the knowledge that it would 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 article.
(Ordinance 0608-10 adopted 6/8/10)
(a)
If
a sex offender that is prohibited from being in a child safety zone
is found in a child safety zone by a police officer, the sex offender
is subject to punishment in accordance with this article.
(b)
It
shall be prima facie evidence that this section applies to such a
person if that person’s record appears in/on the database and
the database indicates that the victim was less than seventeen (17)
years of age.
(c)
The
distance of 300 feet from a child safety zone shall be measured on
a straight line from the closest boundary of the child safety zone.
(d)
The
distance of 1,000 feet from a place where children congregate shall
be measured on a straight line from the closest boundary line of the
sex offender’s residence to the closest boundary line of the
school, childcare facility, childcare institution, park or playground,
or other places where children regularly congregate.
(e)
In
the case of multiple residences on one property, measuring from the
nearest property line of the residences to the nearest property line
of the school, childcare facility, childcare institution, park or
playground, or other places where children regularly congregate.
(f)
In
cases of a dispute over measured distances, it shall be incumbent
upon the person(s) challenging the measurement to prove otherwise.
(g)
A
map depicting the prohibited areas shall be created by the city and
maintained by the police department. The city shall review the map
annually for changes. Said map will be available to the public at
the police department or available on the city website.
(Ordinance 0608-10 adopted 6/8/10)
(a)
The
person required to register in/on the database established the permanent
residence or temporary residence as his/her residence prior to the
adoption of this article [and residency] has been consistently maintained
and the person has complied with all of the sex offender registration
laws of the state, prior to the date of adoption of this article.
(b)
A
place where children regularly congregate as specified herein within
1,000 feet of the permanent or temporary residence of the person required
to register on/in the database was open after the person established
their permanent or temporary residence and complied with all sex offender
registration laws of the state.
(c)
The
information on/in the database is incorrect, and, if corrected, this
section would not apply to the person who is erroneously listed on/in
the database.
(d)
The
person required to register on/in the database was a minor when he
or she committed the offense requiring such registration and was not
convicted as an adult.
(e)
The
person required to register is under eighteen (18) years of age or
a ward under a guardianship who resides with a parent or guardian.
(f)
The
person required to register has been exempted by a court order from
registration as a sex offender under chapter 62, Texas Code of Criminal
Procedures, or the person required to register has had the offense
for which the sex offender registration was required reversed on appeal
or pardoned.
(g)
The
person’s duty to register on/in the database has expired.
(h)
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.
(Ordinance 0608-10 adopted 6/8/10)
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 fined in an amount
not to exceed $2,000.00 as allowed by law. Each day that a violation
is permitted to exist shall constitute a separate offense and shall
be punishable as such.
(Ordinance 0608-10 adopted 6/8/10)
