A person who is required to register on the state department
of public safety’s sex offender database (the “database”)
because of one or more convictions involving a minor.
A facility providing care, training, education, custody,
treatment, or supervision for 13 or more children for less than 24
hours a day.
A person under the age of 17.
A parcel of land, community park, neighborhood park, playground,
swimming pool, indoor facility, outdoor facility, recreation center,
field, or athletic field, leased and/or owned by the city, and devoted
to active or passive recreation, including any related facilities,
parking lots and/or amenities, save and except any of the foregoing
that has a stadium, arena and/or permanent seating and primarily used
for sporting events, special events and/or other entertainment any
of which is not managed by the city.
A place where a person abides, lodges, or resides for 14
or more consecutive days.
Areas including all improved and unimproved areas on lots
where the following are located or planned to be located: a public
park, private or public school (excluding in-home schools), semi-public
swimming pools, day care center, video arcade facility (as that term
may be defined in section 481.134, Texas Health and Safety Code),
or private recreational facility, including a park, pool, playground,
skate park, or youth athletic field owned by a residential property
owners’ association, or for which an entrance, admission, or
rental fee is charged.
A place where a 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 a person
routinely abides, resides, or lodges for a period of four or more
consecutive or nonconsecutive days in any month and which is not the
person’s permanent residence.
(Ordinance 2022-O-10.26-01 adopted 10/26/2022)
(a)
It
shall be unlawful for a child sex offender to establish a permanent
residence or temporary residence within 1,000 feet of any premises
where children commonly gather.
(b)
It
shall be 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 any premises where children
commonly gather.
(Ordinance 2022-O-10.26-01 adopted 10/26/2022)
A child sex offender shall not on each October 31st leave an
exterior porch light on or otherwise invite trick-or-treaters to the
premises.
(Ordinance 2022-O-10.26-01 adopted 10/26/2022)
(a)
For
the purpose of determining the minimum distance of separation under
this article, the distance shall be measured by following a straight
line from the outer property line of the property upon which permanent
or temporary residence is located to the nearest property line of
the property upon which the premises where children commonly gather
is located, as described hereinabove, or, in the case of multiple
residences on one property, measuring from the nearest property line
of the premises to the nearest property line of the property upon
which the premises where children commonly gather is located, as described
herein.
(b)
A
map depicting the prohibited areas shall be maintained by the city,
and it shall be reviewed and updated not less than annually for changes.
Said map will be available to the public on the city’s website.
(c)
Neither
allegation nor evidence of a culpable mental state is required for
the proof of an offense defined in this article.
(Ordinance 2022-O-10.26-01 adopted 10/26/2022)
The following shall be affirmative defenses to prosecution under
this article that any of the following conditions apply:
(1)
It shall be an affirmative defense under section 8.04.002 if the person required to register on the database established the permanent or temporary residence and has complied with all of the child sex offender registration laws of the State of Texas, prior to the date of the adoption of this article; provided, however, that if the person required to register on the database established the permanent or temporary residence through a lease or other rental arrangement in effect on the effective date of this ordinance, this affirmative defense shall not apply upon termination of the lease/rental arrangement that is in effect on the effective date of this ordinance.
(2)
It shall be an affirmative defense under section 8.04.002 if the premises where children commonly gather was designated, declared and/or determined after the child sex offender established the permanent or temporary residence and complied with all child sex offender registration laws of the State of Texas; provided, however, that if the person required to register on the database established the permanent or temporary residence through a lease or other rental arrangement in effect on the effective date of this ordinance, this affirmative defense shall not apply upon termination of the lease/rental arrangement that is in effect on the effective date of this ordinance.
(3)
It
shall be an affirmative defense under sections 8.05.002 and 8.05.003
if 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.
(4)
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.
(5)
The
person required to register on the database is a minor.
(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 2022-O-10.26-01 adopted 10/26/2022)
Any person who violates the provisions of this article shall
be charged with a class C misdemeanor, and upon conviction shall be
fined as provided [sic] a maximum of $500.00 for each day that a violation
exists, and a separate offense shall be deemed committed upon each
day during or on which a violation occurs or continues; provided that
the penalty for a person’s second offense under this article
shall not be less than $200.00, and a penalty for a person’s
third offense under this article shall not be less than $400.00.
(Ordinance 2022-O-10.26-01, sec.
6, adopted 10/26/2022)
