(a)
Definitions.
For the purpose of this article, the following terms, words, and the derivations thereof shall have the meanings given below:
(1)
Database
means the Texas Department of Public Safety's sex offender database.
(2)
Day care center
shall mean a facility licensed by the State of Texas, which provides care, training, education, custody, treatment, or supervision for children for less than twenty-four (24) hours a day.
(3)
Minor, child or children
shall mean any person younger than 17 years of age.
(4)
Permanent residence
shall mean a place where a person abides, lodges, or resides for 14 or more consecutive days.
(5)
Premises
means real property and all buildings and appurtenances pertaining to the real property.
(6)
Premises where children commonly gather
includes all improved and unimproved areas on the lot where a public park, public playground, private or public school, public or semi-public swimming pool, public or nonprofit recreational facility, golf course, day care center or video arcade facility is located, as those terms are or may be defined in V.T.C.A., Health and Safety Code section 481.134, as amended.
(7)
Temporary residence
shall mean 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, lodges, or resides for a period of four or more consecutive or nonconsecutive days in a month and which is not the person's permanent residence.
(b)
Offenses.
(1)
It is unlawful for a person to establish a permanent or temporary residence on a premise within 1,000 feet of any premises where children commonly gather if the person is required to register on the database because of a conviction(s) involving a minor.
(2)
It is unlawful to knowingly lease, rent or otherwise provide any premises or portion of a premise for the purpose of a temporary or permanent residence, to any person prohibited from establishing such temporary or permanent residence pursuant to the terms of this section, if such premises or portion thereof is located within 1,000 feet of any premises where children commonly gather.
(c)
Evidentiary matters: measurements.
(1)
It shall be prima facie evidence that this article applies to a person if that person's record appears on the database and the database indicates that the victim was a minor as defined herein.
(2)
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 premise used for permanent or temporary residence to the nearest property line of the premise where children commonly gather, 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 premises where children commonly gather, as described herein.
(3)
A map depicting the prohibited areas shall be maintained by the city. Said map must be available to the public for inspection at the police department.
(d)
Culpable mental state not required.
A culpable mental state is not required for any offense defined by this article, unless provided specifically therein.
(e)
Affirmative defenses.
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)
The premises where children commonly gather, 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 article 42A.453 of the Texas Code of Criminal Procedure, as amended, and the court modified the child free zone under article 42A.453(e)(1)—(2) of the Texas Code of Criminal Procedure, as amended, as it applies to the person's residence.
(f)
Penalty.
A person who violates any of the provisions of this article shall be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed $500.00 for each offense, and each and every violation or day such violation shall continue or exist, shall be deemed a separate offense.
(g)
Civil action.
The penal provisions imposed under this section shall not preclude the city from filing suit to enjoin a violation of this section. The city shall retain all legal rights and remedies available to it pursuant to local, state and federal law.
Editors' note—Ord. No. 1870 amended former ch. 66, art. IV, and recodified the provisions as ch. 13, Offenses and Miscellaneous Provisions, § 13-7. Inasmuch as the code already contained ch. 66, Offenses and Miscellaneous Provisions, the recodified provisions have been included by the editor as § 66-70.
(Ordinance 1870, 4-26-22)