For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Day-care center.
A facility providing care, training, education, custody, treatment, or supervision for thirteen (13) or more children for less than twenty-four (24) hours a day.
Minor.
Any 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.
Premises.
All improved and unimproved areas on the lot where a public park, public playground, private or public school, public swimming pool, semi-public swimming pool, day-care center or video arcade facility is located.
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, 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 address.
(Ordinance 596-2014 adopted 7/17/14)
(a) 
It is unlawful for a person to establish a permanent or temporary residence within one thousand feet (1,000') of any premises where children commonly gather if the person is required to register on the Texas Department of Public Safety’s Sex Offender Database (the “database”) because of a conviction(s) involving a minor.
(b) 
For purposes of this article, premises where children commonly gather are deemed to be public parks, public playgrounds, private or public schools, public swimming pools, semi-public swimming pools, day-care centers and video arcade facilities, as those terms are or may be defined in section 481.134 of the Texas Health and Safety Code, as amended.
(Ordinance 596-2014 adopted 7/17/14)
(a) 
It shall be prima facie evidence that this article applies to a person if that 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 purposes 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 above, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein.
(c) 
A map depicting the prohibited areas shall be maintained by the city. The city shall review the map at least annually for changes. Said map will be available to the public for inspection at the police department.
(d) 
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article.
(e) 
It is a defense to prosecution 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 was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(3) 
The person required to register on the database is a minor.
(4) 
The premises where children commonly gather, 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.
(5) 
The information on the database is incorrect, and, if corrected, this article would not apply to the person who was erroneously listed on the database.
(6) 
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 one thousand foot (1,000') 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.
(Ordinance 596-2014 adopted 7/17/14)
A person who violates any of the provisions of section 8.07.002 shall be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed $500.00 for each offense, and each and every violation or day such violation shall continue or exist, shall be deemed a separate offense.
(Ordinance 596-2014 adopted 7/17/14)