For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the plural number include the singular and words in the singular number include the plural. The word “shall” is always mandatory and not merely directory.
Child safety zone.
Premises where children are likely to gather. The term includes a school, day-care facility, playground, city park, 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.
Child sex offender.
(1) 
A person who pursuant to Vernon’s Ann. C.C.P. art. 42.12, section 9A(a)(2), has been convicted or has entered a plea of guilty or nolo contendere for an offense under any one of the following provisions of the Texas Penal Code:
(A) 
V.T.C.A., Penal Code section 21.11 (indecency with a child);
(B) 
V.T.C.A., Penal Code section 43.25 (sexual performance by a child); and/or
(C) 
V.T.C.A., Penal Code section 43.26 (possession or promotion of child pornography);
(D) 
Texas Penal Code 20A.02 (Trafficking of Persons)
(2) 
A person who has been convicted or has entered a plea of guilty or nolo contendere for an offense under V.T.C.A., Penal Code section 43.251 (employment harmful to children) and/or 43.05(2) (compelling prostitution);
(3) 
A person who has been convicted or has entered a plea of guilty or nolo contendere for an offense under any substantially similar federal law or law of another state, or law of a foreign country, or the Uniform Code of Military Justice, or the attempt to commit a sex offense against a person under the age of eighteen years; and/or
(4) 
A person who has registered as a child sex offender or was/is required to register as a child sex offender by any state law, federal law, law of a foreign country, or the Uniform Code of Military Justice, or pursuant to Vernon’s Ann. C.C.P., chapter 62, is required to register as a child sex offender.
City park.
(1) 
Land and facilities thereon owned or controlled by the city that are designated for use as parkland; or
(2) 
City recreational areas, including, but not limited to, a forest preserve, conservation area, jogging trail, hiking trail, water park, playground, swimming pool, soccer field, baseball field, or other sports field under the jurisdiction or control of the city.
Database.
The central database, also known as the state department of public safety public sex offender database, required to be maintained by the State Department of Public Safety pursuant to article 62.005 of the Texas Code of Criminal Procedure, as amended.
Day care center.
A child care facility that is registered, licensed or listed by the state.
Minor.
A minor is 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.
Person.
Includes an individual, firm, corporation, or other business entity.
Premises where children are likely to gather.
Including but not limited to, city parks, playgrounds, private and public schools, amusement arcades, school bus stops, video arcade facilities and youth centers, indoor and outdoor amusement centers that cater primarily to children, amusement parks, public swimming pools, childcare facilities, and day care centers, as defined in sections 341.064 and 481.134 of the Texas Health and Safety Code and section 42.002 of the Texas Human Resources Code. For the purposes of this article, planted street medians are not public parks.
Recurring visitor.
A person who on at least three (3) occasions during any month spends more than 48 consecutive hours in the city.
Registrant.
A person who has a reportable conviction or adjudication or who, pursuant to chapter 62 of the Texas Code of Criminal Procedure, is required to register with the state department of public safety’s database as a condition of parole, release to mandatory supervision, or community supervision.
Reportable conviction or adjudication.
A conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on those enumerated offenses set forth in article 62.001(5) of the Texas Code of Criminal Procedure, as amended.
Temporary residence.
(1) 
A place where a person abodes, 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
(2) 
A place where a person routinely abodes, 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.
(Ordinance 2021-O-584 adopted 2/11/21)
(a) 
It shall be unlawful for a child sex offender or registrant to knowingly be present at premises in a child safety zone or where children are likely to gather, including any city park, specifically including playgrounds, swimming pools, water parks, and sports fields.
(b) 
It shall be unlawful for a child sex offender or registrant to knowingly be present in a child safety zone or at premises where children are likely to gather when a minor or minors are present or to approach, contact, or communicate with minor present in the city park, unless the offender is a parent or guardian of a person under 18 years of age.
(c) 
It shall be unlawful for a child sex offender or registrant to establish a permanent residence or temporary residence within 1,000 feet of a child safety zone or any premises where children are likely to gather.
(d) 
It is unlawful for any person to lease, rent, or otherwise provide any residence, dwelling, place, structure, or part thereof, manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by a child sex offender or registrant.
(e) 
Halloween: A child sex offender or Registrant shall not on October 31st of any given year leave an exterior porch light on or otherwise invite or entice trick-or-treaters to the premises.
(Ordinance 2021-O-584 adopted 2/11/21)
If a police officer reasonably believes that an individual who is a child sex offender or registrant is in violation of the article, the officer shall require the individual to provide his/her name, address, and telephone number. If it is established that the individual is a child sex offender or registrant, then the officer shall notify the child sex offender or registrant that he/she is in violation of the article.
(Ordinance 2021-O-584 adopted 2/11/21)
(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 distance 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 are likely to gather. Provided that, in the case of multiple residences on one property, measurement shall be from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer, following a straight line to the nearest property line of the premises where children are likely to gather.
(c) 
In cases of a dispute over measured distances, it shall be incumbent upon the person challenging the measurement to prove otherwise.
(d) 
A map depicting the 1,000-foot child safety zones shall be maintained by the city and is attached to the ordinance from which this section derives as exhibit A. The chief of police or their designee shall review, update or modify the map as deemed necessary. The map will be available to the public at the city police department.
(Ordinance 2021-O-584 adopted 2/11/21)
It is an affirmative defense to prosecution that any of the following conditions apply, provided that there is no court order in effect applicable to the child sex offender or Registrant that provides otherwise:
(1) 
The child sex offender or registrant 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 child sex offender or registrant was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(3) 
The child sex offender or registrant is a minor.
(4) 
The child sex offender or registrant 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.
(5) 
The premises where children are likely to gather, as specified herein, within 1,000 feet of the registrant’s permanent or temporary residence, was opened or established after the registrant established the permanent or temporary residence and the registrant has complied with all sex offender registration laws of the state. Said defense ceases if the child sex offender or registrant moves out of the established residence.
(6) 
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.
(Ordinance 2021-O-584 adopted 2/11/21)
(a) 
A child sex offender or registrant may request an exemption from the terms of this article based upon the grounds set forth herein.
(b) 
A request for an exemption from the terms of this article shall be submitted in writing to the chief of police and shall include the following information:
(1) 
The person’s name, current address and the proposed permanent or temporary address for the exemption;
(2) 
The offense(s) requiring registration on the database for which the person was convicted;
(3) 
Date(s) of conviction(s);
(4) 
The specific grounds supporting the person’s request for an exemption;
(5) 
A signed release or releases, in a form suitable to the chief of police, authorizing the chief to obtain information about the applicant in order to perform an investigation; and
(6) 
Any other information requested by the chief of police.
(c) 
The chief of police shall review the application, conduct an investigation, and prepare a recommendation to the city council stating the chief’s opinion of the danger posed to children in the child safety zone.
(d) 
The city council may grant an exemption to the terms of this article if it finds that the facts and circumstances demonstrate that the child sex offender or registrant’s temporary or permanent residence within the child safety zone will not be a danger to children. An exemption requested under this subsection (d) may be granted by the city council only. A person who seeks an exemption under this section shall apply for an exemption as provided in subsection (b) of this section. Upon review and investigation of a completed application, the chief of police shall forward the application to the city secretary who shall schedule the exemption request for the next regularly scheduled city council meeting for which notice can be lawfully posted. The person requesting the exemption shall be notified of the city council’s decision in writing.
(e) 
In order for the city council to grant a requested exemption under this section, the following actions shall be taken and circumstances required:
(1) 
A public hearing before the city council shall be scheduled and held.
(2) 
Written notice of the public hearing shall be provided at least ten days before the hearing to residents living within 500 feet of the registrant’s proposed permanent or temporary residence.
(3) 
The child sex offender or registrant must be classified as “low risk” by the Texas Department of Public Safety. An exemption granted under this section shall expire by default if the child sex offender or registrant is subsequently classified as anything other than “low risk” by the Texas Department of Public Safety.
(4) 
The child sex offender or registrant may not live in a residence in which children also reside unless the applicant has express permission from a court of law in the state of the state or other state allowing him/her to live in the residence with a child.
(5) 
The child sex offender or registrant must have no convictions for any crime of moral turpitude within the past ten years for an exemption to be initially granted or for an exemption granted under this section to remain in effect.
(6) 
The city council shall not approve an exemption if a resident within 500 feet of the child sex offender’s or registrant’s proposed residence petitions the city council to deny the exemption.
(7) 
A two-thirds majority vote of the city council is required to approve an exemption under this section.
(f) 
An exemption granted under this section may include waiving the application of the child sex offender or registrant or reducing the size of the safety zone as it applies to the child sex offender or registrant.
(g) 
In the event the city council denies an exemption under this section, the city attorney shall notify the child sex offender or registrant in writing of the city council’s action and requirement that the child sex offender or registrant relocate his or her residency.
(h) 
In the event the city council denies an exemption under this section, the registrant shall relocate his or her residency to an area in which such residency is not prohibited within sixty (60) days from the date of the written notification contained in the notification under subsection (g). Failure to relocate within such time period shall subject the child sex offender or registrant to the penalty contained in section 8.06.007.
(i) 
An exemption granted under this section expires by default if the applicant changes the permanent or temporary residence granted under the exemption.
(Ordinance 2021-O-598 adopted 8/12/21)
Any person firm or corporation violating a provision of this article shall be guilty of a class C misdemeanor and upon conviction of such violation shall be punished by a penalty in accordance with the general penalty provided in this code or the Texas Penal Code for each offense. Each day the violation continues shall constitute a separate offense.
(Ordinance 2021-O-584 adopted 2/11/21)