For the purposes of this article, the following terms, words, and the derivations thereof shall have the meanings given herein.
Child safety zone.
A premises where children commonly gather. The term includes a school, day-care facility, playground, public or private youth center, public swimming pool, video arcade facility, or other facility that regularly holds events primarily for children. The term does not include a church, as defined by section 544.251, Insurance Code.
Permanent residence.
A place where a person abides, lodges, or resides for 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 three or more play stations intended for the recreation of children, such as slides, swing sets, and teeterboards.
Premises.
Real property and all buildings and appurtenances pertaining to the real property.
Registered sex offender.
An individual who is required to register as a sex offender under chapter 62, Code of Criminal Procedure.
School.
A private or public elementary or secondary school or a day-care center, as defined by section 42.002, Human Resources Code.
Temporary residence.
A place where a person abides, lodges, or resides for a period of 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 or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.
Video arcade facility.
Any facility that:
(1) 
Is open to the public, including persons who are 17 years of age or younger;
(2) 
Is intended primarily for the use of pinball or video machines; and
(3) 
Contains at least three pinball or video machines.
Youth center.
Any recreational facility or gymnasium that:
(1) 
Is intended primarily for use by persons who are 17 years of age or younger; and
(2) 
Regularly provides athletic, civic, or cultural activities.
(Ordinance 349 adopted 12/13/17)
(a) 
Generally.
A registered sex offender may not go in, on, or within 1,000 feet of a child safety zone in the city.
(b) 
Evidentiary matters; measurements.
(1) 
It shall be prima facie evidence that this article applies to a person if that person’s information appears on the central database maintained by the department of public safety as required by article 62.005 of the Texas Code of Criminal Procedure.
(2) 
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 child safety zone.
(c) 
Culpable mental state not required.
Neither allegation nor evidence of a culpable mental state is required for the offense defined under this section.
(d) 
Affirmative defenses.
It is an affirmative defense to prosecution that any of the following conditions apply:
(1) 
The registered sex offender entered into a residential lease or rental agreement prior to the date of the adoption of this article.
(2) 
The registered sex offender was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(3) 
The registered sex offender is a minor or a ward under guardianship.
(4) 
The child safety zone, as specified herein, within 1,000 feet of the permanent or temporary residence of the registered sex offender was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state.
(5) 
The registered sex offender maintains a permanent or temporary residence at a jail, prison, juvenile facility or other correctional institution or facility.
(6) 
The information on the sex offender registry database is incorrect, and, if corrected, this article would not apply to the person who was erroneously listed on the database.
(7) 
The registered sex offender was in, on, or within a specified distance of a child safety zone for a legitimate purpose, including transportation of a child that the registered sex offender is legally permitted to be with, transportation to and from work, and other work-related purposes.
(e) 
Exemption hearing.
(1) 
A registered sex offender may petition the city council, in writing, for an exemption from the requirements of this article.
(2) 
The city council shall exempt a registered sex offender who established residency in a residence located within the specified distance of a child safety zone before the date this article is adopted. This exemption applies only to:
(A) 
Areas necessary for the registered sex offender to have access to and to live in the residence; and
(B) 
The period the registered sex offender maintains residency in the residence.
(3) 
The city council may authorize an exemption from this article when, in its opinion, undue hardship will result from compliance or an individualized recidivist assessment indicates an exemption should be granted. In granting an exemption, the council shall take into account the probable effect the exemption will have upon the public health, safety and welfare of the community.
(4) 
No exemption shall be granted under subsection (e)(3) above without first having held a public hearing on the exemption petition and unless the city council makes written findings regarding the petitioner’s criminal and personal history as well as the petitioner’s current circumstances requiring the exemption.
(5) 
Such findings of the city council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the council meeting at which such exemption is granted. Exemptions may be granted only when in harmony with the general purpose and intent of this article so that the public health, safety and welfare may be secured and that substantial justice may be done.
(Ordinance 349 adopted 12/13/17)
(a) 
It shall be unlawful for the owner, lessee or occupant (collectively referred to as “lessor”) of any place, residence, structure, dwelling, or other conveyance, with knowledge that it will be used as a temporary or permanent residence of such person, to rent or lease the same, or any part thereof, to a registered sex offender, if such place, residence, structure, dwelling, manufactured dwelling, mobile home, camping trailer or other conveyance is located within 1,000 feet of any child safety zone.
(b) 
An owner, lessee or occupant (collectively referred to as “lessor”) of any place, residence, structure, dwelling, or other conveyance, shall be deemed to have knowledge that another person is a registered sex offender if such person’s record appears on the central database maintained by the department of public safety on the earlier of:
(1) 
The date of receipt of a lease application, rental application or similar document by lessor or lessor’s officers, agents, employees or volunteers; or
(2) 
The date the person first occupies lessor’s place, residence, structure, dwelling, manufactured dwelling, mobile home, camping trailer or other conveyance.
(Ordinance 349 adopted 12/13/17)
(a) 
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 shall be liable for prosecution for criminal violations.
(b) 
Criminal prosecution.
Except as may otherwise be provided herein, any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding $2,000.00. Except as may otherwise be provided herein, each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a class C misdemeanor.
(Ordinance 349 adopted 12/13/17)