For the purposes of this article, the following terms, words,
and the derivations thereof shall have the meanings given herein.
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 of the Texas Insurance Code.
Shall have the meanings assigned by section 481.134 of the
Texas Health and Safety Code.
An individual who is required to register as a sex offender
under chapter 62 of the Texas Code of Criminal Procedure.
(Ordinance 570-20 adopted 6/18/20)
It is unlawful for a registered sex offender to go in, on, or
within 1,000 feet of a child safety zone in the city.
(Ordinance 570-20 adopted 6/18/20)
(a)
For
the purposes of measuring the distance restriction of this article,
the requirement shall be measured by following a straight line from
the outer property line of the child safety zone property.
(b)
A
map depicting the prohibited areas in the city shall be created by
the city and maintained by the city police department. The city shall
review the map annually for changes. Said map will be available to
the public at the city police department.
(Ordinance 570-20 adopted 6/18/20)
Neither allegation nor evidence of a culpable mental state is
required for the proof of an offense defined by this article.
(Ordinance 570-20 adopted 6/18/20)
It is an affirmative defense to prosecution of an offense under
this article that the registered sex offender was in, on, or within
1,000 feet 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.
(Ordinance 570-20 adopted 6/18/20)
(a)
A
registered sex offender who established residency in a residence located
within 1,000 feet of a child safety zone before June 18, 2020 is exempt
from the application of this article; however, the exemption only
applies:
(b)
A
registered sex offender may seek an exemption from the application
of this article by submitting a request in writing to the chief of
police specifying the background, reason, and scope of the requested
exemption. The chief of police may seek additional information from
the requestor and shall issue a written determination on the requested
exemption within ten (10) business days from the filing of the request.
The requestor may appeal to the city council from the determination
of the chief of police by filing such appeal in writing to the city
secretary within ten (10) business days of the chief of police’s
determination.
(Ordinance 570-20 adopted 6/18/20)
