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)