For purposes of this article, the following words and phrases have the meanings respectively ascribed to them:
City.
City of DeSoto, Texas.
Database.
The computerized central database maintained by the Texas Department of Public Safety containing the information required for registration of certain sex offenders.
Day-care center.
A child-care facility that is licensed, certified, or registered by the state.
Minor.
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.
Playground.
Any outdoor facility that is not on the premises of a school and that:
(1) 
Is intended for recreation;
(2) 
Is open to the public; and
(3) 
Contains two or more separate apparatus intended for the recreation of children, such as slides, swing sets, and teeterboards.
Premises where children commonly gather.
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.
Public park.
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.
Public swimming pool.
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).
School.
A private or public elementary or secondary school, excluding in-home schools.
Temporary residence.
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.
Youth center.
Any recreational facility or gymnasium that:
(1) 
Is intended primarily for use by minors; and
(2) 
Regularly provides athletic, civic, or cultural activities.
(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)