(a) 
The city council finds that sex offenders who are required to register as a sexual predator under V.T.C.A., Texas Code of Criminal Procedure, ch. 62, present an extreme threat to the health, safety and welfare of children. Sex offenders are likely to repeat an offense, have many more victims than are ever reported, are prosecuted for only a fraction of their actual sexual offenses, and children not only lack the ability to protect themselves but additional measures should be taken to keep known sex offenders from having access to children in areas where children generally feel safe.
(b) 
It is the intent of this article to serve the city’s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate in concentrated numbers wherein certain registered sex offenders and sexual predators are prohibited from establishing temporary or permanent residency.
(Ordinance 712 adopted 2/9/15)
The following words, terms, and phrases; when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Minor.
A person younger than seventeen (17) years of age.
Premises where children commonly gather.
Is not limited to, playgrounds, public parks, all property owners’ association campgrounds or amenities, private and public schools, amusement arcades, video arcades, indoor and outdoor amusement centers, amusement parks, public or private youth centers, crises centers or shelters, skate parks, youth athletic fields, all nonsingle-family residential swimming pools, resort or motel pools, and child day care centers. For purposes of this article, planted street medians are not public parks.
Residence.
The place within the city:
(1) 
Where a person registers or verifies under article 62.152, Texas Code of Criminal Procedure, as the person’s residence;
(2) 
Where a person abides, lodges or resides for more than seven consecutive days;
(3) 
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 residence; or
(4) 
Where a person routinely abides, lodges, or resides 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 712 adopted 2/9/15)
(a) 
It is unlawful for a person who is required to register on the state Department of Public Safety’s Sex Offender Database pursuant to V.T.C.A. Texas Code of Criminal Procedure, ch. 62 because of a violation involving a victim who was less than seventeen (17) years of age, to establish a permanent or temporary residence within one thousand (1,000) feet of any premises where children commonly gather. It shall be prima facie evidence that this article applies to such a person if the 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 purpose of determining the minimum distance separation, 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 premises where children commonly gather, as described herein, or in the case of multiple residences on one (1) property, measuring from the nearest wall of the building or structure occupied or the parking lot/driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein. A map generally depicting the prohibited areas is attached to Ordinance 712 as exhibit A for representation purposes, and a copy will be available at the city’s police department.
(Ordinance 810, sec. I, adopted 9/26/16)
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(1) 
Criminal prosecution.
Any person, firm or corporation violating a provision of this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) per violation. Each day that any violation of this article shall continue shall constitute a separate offense.
(2) 
Civil remedies.
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 chapter and to seek remedies as allowed by law including, but not limited to, the following:
(A) 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
(B) 
A civil penalty up to one hundred dollars ($100.00) per 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
(C) 
Other available relief.
(3) 
Culpable mental state not required.
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article.
(Ordinance 712 adopted 2/9/15)
This article does not apply to the following situations:
(1) 
The person is not required to comply with chapter 62 of the Texas Code of Criminal Procedure.
(2) 
The person was a minor when he/she committed the offense and was not convicted as an adult.
(3) 
The person is a minor.
(4) 
The premises where children commonly gather, as specified herein, within one thousand (1,000) feet of the person’s residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state.
(5) 
The person proves to the Texas Department of Public Safety that the information on the database is incorrect and that, if corrected, this chapter would not apply to the person erroneously listed on the database.
(6) 
The person has established permanent or temporary residency prior to the effective date of this article by owning the property in fee simple and said person is in compliance with all sex offender registration laws of the state.
(7) 
This article will not apply to persons who are renting, leasing, or residing without ownership of the property for a time period being the later of: (A) six (6) months after the adoption of this article; or (B) the expiration of a current lease agreement in effect on the date this article is adopted.
(Ordinance 712 adopted 2/9/15; Ordinance 810, sec. II, adopted 9/26/16)
(a) 
It is unlawful to knowingly rent any place, structure or part thereof, manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to the terms of this code, if such place, structure or part thereof, manufactured home, trailer, or other conveyance is located within one thousand (1,000) feet, as determined pursuant to section 8.04.003(b), of any premises where children commonly gather.
(b) 
Penalty-civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this section as may be required by governing law. Any person violating any provision of this section is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this section is hereby declared to be a nuisance.
(c) 
Criminal prosecution.
Any person, firm or corporation violating a provision of this article shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) per violation. Each day that any violation of this article shall continue shall constitute a separate offense.
(d) 
Civil remedies.
Nothing in this section shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this section 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) 
A civil penalty up to one hundred dollars ($100.00) per 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) 
Other available relief.
(4) 
The premises where children commonly gather, as specified herein, within one thousand (1,000) feet of the person’s residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state.
(e) 
Affirmative defense.
It is an affirmative defense to prosecution for an offense under this article that on or prior to the date of the alleged offense, the property owner conducted a criminal history check with the Texas Department of Public Safety and reviewed the department of public safety’s sexual predator registration database, and that at the time the property owner conducted the criminal history check and reviewed the sexual predator database the sexual offender’s criminal history did not include a record of a sexual offense and the offender’s name did not appear in the database.
(Ordinance 712 adopted 2/9/15; Ordinance 715 adopted 3/23/15; Ordinance 810, sec. III, adopted 9/26/16)