(a) 
The foregoing recitals are incorporated into this article by reference as findings of fact as if expressly set forth herein.
(b) 
Repeat sexual offenders, sexual offenders that use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses and most sexual offenders commit many offences, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, excessive in amount. It is the intent of this article to serve the city’s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Child safety zone.
Premises where children commonly gather.
Permanent residence.
A place where the person abides, lodges or resides for 14 or more consecutive days.
Temporary residence.
A place where the 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 the person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.
(a) 
Prohibited.
It is unlawful for any person who has been convicted of a violation of article 43.05 Penal Code, article 43.25 Penal Code, article 43.26 Penal Code, article 20.04 Penal Code, article 21.02 Penal Code, article 21.08 Penal Code, article 21.11 Penal Code, article 22.011 Penal Codes, article 22.021 Penal Code and article 25.02 Penal Code, article 30.02 Penal Code, and article 20A.02 Penal Code, regardless of whether the adjudication was deferred, in which the victim of the offence was less than sixteen (16) years of age, to establish a permanent residence or temporary residence within 1,000 feet of a child safety zone, or any premises where children commonly gather, including but not limited to, a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility, as those terms are defined in article 481.134 of the Health and Safety Code of the state.
(b) 
Distance separation.
For the purpose 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 a child safety zone or the premises where children commonly gather, as described herein.
(c) 
State requirements.
Nothing in this section shall be interpreted to modify or reduce the state’s safety ban.
(d) 
Exceptions.
A person residing within 1,000 feet of a child safety zone, or those places where children commonly gather, as specified herein does not commit a violation of this article if any of the following apply:
(1) 
The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the state, prior to the date of the adoption of the ordinance establishing this article.
(2) 
The person was a minor when he/she committed the offense and was not convicted as an adult.
(3) 
The person is a minor.
(4) 
The premises known as a child safety zone or where children commonly gather, as specified herein, within 1,000 feet of the person’s permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state.
(5) 
The person proves that the information on the database is incorrect and that, if corrected, this section would not apply to the person.
(6) 
The person was in, on, or within 1,000 feet of a child safety zone for a legitimate purpose. A legitimate purpose includes:
(A) 
Transportation of a child that the registered sex offender is legally permitted to be with;
(B) 
Transportation to and from the registered sex offender’s work; and
(C) 
Other work related purposes.
It is unlawful to let or rent any 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 any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this article, if such place, structure or part thereof, manufactured home, trailer, or other conveyance, is located within 1,000 feet of a child safety zone, or any premises where children commonly gather, including but not limited to, a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility, as those terms are defined in article 481.134 of the Health and Safety Code of the state.
(Ordinance 311-01-2018 adopted 1/8/18)