The board of aldermen of the city finds that sex offenders, particularly those with child victims, who are required to register as a sex offender pursuant to the Texas Code of Criminal Procedure, Chapter 62, present an extreme threat to the health, safety, and welfare of children and the public at large. It is the intent of this article to promote, protect and improve the health, safety, and welfare of the citizens of the city, by creating safety areas around locations where children regularly congregate for various purposes, wherein certain registered sex offenders will be prohibited from entering or establishing temporary or permanent residency.
(Ordinance 2022-02-15-A adopted 2/15/2022)
For the purposes of this article, the following terms, words and the derivations thereof shall have the meanings given herein.
Child.
Any person under the age of seventeen (17).
Child-Care Facility.
A facility licensed, certified, or registered by the applicable city department to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
Child Safety Zone.
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.
Database.
The Texas Department of Public Safety Sex Offender Registry or the National Sex Offender Registry.
Park or Playground.
Any 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.
Permanent Residence.
A place where a person abides, lodges or resides for 14 or more consecutive days.
Premises.
Real property and all buildings and appurtenances pertaining to the real property.
School.
School means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code.
Sex Offender.
An individual who is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure.
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 the 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 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 2009-03-01 adopted 3/9/09; Ordinance 2022-02-15-A adopted 2/15/2022)
(a) 
A sex offender is prohibited from establishing, in the city limits of the city, a permanent residence or temporary residence within 1,000 feet of any child safety zone.
(b) 
It is unlawful to let or rent any place, structure or part thereof, in the city limits of the city, 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 is located within 1,000 feet of any child safety zone.
(c) 
A person is criminally responsible for an offense committed by the conduct of another violating this article, if, acting with the intent to promote or assist the commission of the offense, the person solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense.
(d) 
Nothing in this article shall require any person to sell or otherwise dispose of any real estate or home acquired or owned prior to the conviction of the person as a sex offender.
(Ordinance 2009-03-01 adopted 3/9/09; Ordinance 2022-02-15-A adopted 2/15/2022)
(a) 
It shall be prima facie evidence that this article applies to such a person if that person's record appears on the database and the database indicates that the victim was younger than 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 of a child safety zone. In the case of multiple residences on one property, the distance requirement shall be measured from the nearest portion of the building or structure used as a permanent or temporary residence by the sex offender or the parking lot or driveway providing access to the building or structure, whichever is closest to the nearest property line of the premises of a child safety zone.
(c) 
The city shall create a map depicting the prohibited areas within the city for sex offenders. The map shall be on file in the office of the city secretary and the police department and viewable online at www.cityofteaguetx.com. The city shall review the map annually and amend as needed. The lack of the map being created, the unavailability of the map, or the lack of a map being maintained by a local law enforcement authority is not a violation of this chapter and is not a defense to a violation of this article.
(Ordinance 2009-03-01 adopted 3/9/09; Ordinance 2022-02-15-A adopted 2/15/2022)
It is an affirmative 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) 
Child safety zones, 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 state sex offender registration laws.
(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 1,000-foot 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 2009-03-01 adopted 3/9/09; Ordinance 2022-02-15-A adopted 2/15/2022)
Any person, firm, corporation, agent, or employee thereof who violates any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed five hundred dollars ($500.00). Each day a violation occurs or is allowed to continue shall constitute a separate offense punishable hereunder. Nothing herein contained shall require the city to elect remedies or shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of this article.
(Ordinance 2009-03-01 adopted 3/9/09; Ordinance 2022-02-15-A adopted 2/15/2022)