For the purposes of this article, the following terms, words,
and the derivations thereof shall have the meanings given herein.
Child safety zone.
A premise 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.
Registered sex offender.
An individual who is required to register as a sex offender under chapter
62, Code of Criminal Procedure.
(Ordinance 202208-02-242 adopted 8/1/2022)
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 202208-02-242 adopted 8/1/2022)
(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 child safety zones in the city shall be
created by the city and maintained by the city. The city shall review
the map annually for changes. Said map will be available to the public
on the city's website.
(Ordinance 202208-02-242 adopted 8/1/2022)
Neither allegation nor evidence of a culpable mental state is
required for the proof of an offense defined by this article.
(Ordinance 202208-02-242 adopted 8/1/2022)
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 202208-02-242 adopted 8/1/2022)
(a)
A registered sex offender who established residency in a residence
located within 1,000 feet of a child safety zone before August 1,
2022, is exempt from the application of this article; however, the
exemption only applies:
(1)
To areas necessary for the registered sex offender to have access
to and live in the residence; and
(2)
To the period the registered sex offender maintains residency
in such residence.
(b)
A registered sex offender may seek an exemption from the application
of this article by submitting a request in writing to the city administrator
specifying the background, reason, and scope of the requested exemption.
The city administrator 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 city administrator by filing such appeal request in writing to
the city secretary within ten (10) business of the city administrator's
determination.
(Ordinance 202208-02-242 adopted 8/1/2022)
Any person violating any of the provisions of this article shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in a sum not to exceed five hundred dollars ($500.00) and
a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues. The penal provisions
imposed under this article shall not preclude the city of from filing
suit to enjoin the violation. The city retains all legal rights and
remedies available to it pursuant to local, state and federal law.
(Ordinance 202208-02-242 adopted 8/1/2022)