For purposes of this article, the following words and phrases
have the meanings respectively ascribed to them:
City of DeSoto, Texas.
The computerized central database maintained by the Texas
Department of Public Safety containing the information required for
registration of certain sex offenders.
A child-care facility that is licensed, certified, or registered
by the state.
A person younger than seventeen (17) years of age.
A place where a person abides, lodges, or resides for fourteen
(14) or more consecutive days.
Any outdoor facility that is not on the premises of a school
and that:
Includes all improved and unimproved areas on the property
lot where a private or public school, day-care center, video arcade,
public park, playground, public or private youth center, or public
swimming pool, is located, as those terms are or may be defined in
section 481.134 of the Texas health and Safety Code.
A park, reservation, playground, recreation center or any
area in the city owned or used by the city, and devoted to active
or passive recreation to include jogging or walking trails or greenbelts.
An artificial body of water, including a spa, maintained
expressly for public recreational purposes, swimming and similar aquatic
sports, or for therapeutic purposes owned either by the city or a
private organization or business (i.e. homeowner’s association,
mobile home park).
A private or public elementary or secondary school, excluding
in-home schools.
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
four (4) or more consecutive or nonconsecutive days in any month and
which is not the person’s permanent residence.
Any recreational facility or gymnasium that:
(Ordinance 2071-16 adopted 12/20/16)
For each person required to register on the database because
of a violation involving a victim who was less than seventeen (17)
years of age, it is unlawful for that person to establish a permanent
or temporary residence in the city within 1,000 feet of any premises
where children commonly gather, including a school, day-care center,
public park, playground, public or private youth center, or public
swimming pool. For the purposes of this article, planted street medians
shall not be considered public parks.
(Ordinance 2071-16 adopted 12/20/16)
(a)
It
shall be prima facie evidence that this article applies to a person
if that person’s record, or records pertaining to that person,
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 1,000-foot
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,
or, in the case of multiple residences on one property, measuring
from the nearest property line of the property where the multiple
residences are situated to the nearest property line of the premises
where children commonly gather.
(c)
A map
depicting the prohibited areas shall be maintained by the city. The
city shall review the map at least annually for changes. The map will
be made available to the public at the police department.
(Ordinance 2071-16 adopted 12/20/16)
Neither allegation nor evidence of a culpable mental state is
required for the proof of an offense defined by this article, and
any offense shall be considered a strict liability offense.
(Ordinance 2071-16 adopted 12/20/16)
It is an affirmative defense to the prosecution of an offense
under this article 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 required to register on the database entered into a residential
lease or rental agreement prior to the date of the adoption of this
article
(3)
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.
(4)
The
person required to register on the database is a minor or a ward under
guardianship.
(5)
The
prohibited premises, 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 person established the permanent
or temporary residence and complied with all sex offender registration
laws of the state.
(6)
The
person required to register on the database maintained a permanent
or temporary residence while at a jail, prison, juvenile facility
or other correctional institution or facility.
(7)
The
information on the database is incorrect, and, if corrected, this
section would not apply to the person who was erroneously listed on
the database.
(8)
The
person 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 13B9(a)(1)B
of article 42.12 of the Texas Code of Criminal Procedure, as amended,
as it applies to the person’s residence.
(Ordinance 2071-16 adopted 12/20/16)
Any person violating the provisions of this article shall, upon
conviction, be punished by a fine not to exceed the sum of $500.00
for each offense; and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
(Ordinance 2071-16 adopted 12/20/16)
Nothing in this article shall be construed as a waiver of the
city’s right to bring a civil action to enforce the provisions
of this article, and to seek remedies as allowed by law, including,
but not limited to the following:
(1)
Injunctive
relief to prevent specific conduct that violates this article or to
require specific conduct that is necessary for compliance with this
article;
(2)
Except
as may otherwise be provided herein, a civil penalty up to one hundred
dollars ($100.00) a day when it is shown that the defendant was actually
notified of the provisions of this article and after receiving notice
committed acts in violation of this article or failed to take action
necessary for compliance with this article; and
(3)
Any
other relief available by law.
(Ordinance 2071-16 adopted 12/20/16)
