For the purpose of this article, the following terms, words,
and the derivations thereof shall have the meaning given herein:
means premises where children commonly gather. The term includes
all improved and unimproved areas on a lot where a park (excluding
planted street medians), private or public school (excluding in-home
schools), video arcade facility, skate park, playground, child care
facility, community or residential swimming pool, city-owned indoor
or outdoor recreational facility, or private recreational facility
[is located], including any such facility owned by a residential property
owners’ association or for which an entrance, admission, or
rental fee is charged. The term does not include a church, as defined
by section 544.251, Insurance Code.
means a person under the age of 17.
means a place where a person abides, lodges, or resides for
14 or more consecutive days.
shall have the meanings assigned by section 481.134, Health
and Safety Code.
means a person required to register as a sex offender pursuant
to chapter 62, Code of Criminal Procedure, on the state department
of public safety’s sex offender database because of a reportable
conviction or adjudication involving a minor.
means 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
4 or more consecutive or nonconsecutive days in any month and which
is not the person’s permanent residence.
(Ordinance 10032022-01, sec. 2,
adopted 10/3/22)
(a)
It
is unlawful for a sex offender to establish a permanent residence
or temporary residence within 1,000 feet of any child safety zone.
(b)
It
is unlawful for a person who owns, rents, leases, or inhabits property
within the city to knowingly allow a sex offender to establish a permanent
residence or temporary residence within 1,000 feet of any child safety
zone.
(c)
Nothing
in this provision 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 10032022-01, sec. 3,
adopted 10/3/22)
Neither allegation nor evidence of a culpable mental state is
required for the proof of an offense defined in this article.
(Ordinance 10032022-01, sec. 4,
adopted 10/3/22)
(a)
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 less than 17 years of age.
(b)
For
the purpose of determining the minimum distance of separation, the
requirements 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 child safety zone, 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 child safety
zone.
(c)
A
map depicting the prohibited areas shall be created by the city and
maintained by the city secretary in consultation with law enforcement
officers having jurisdiction in the city. The city shall review the
map annually for changes. Said map will be available to the public
at the office of the city secretary.
(Ordinance 10032022-01, sec. 5,
adopted 10/3/22)
(a)
A
person who established residency in a temporary or permanent residence
located within 1,000 feet of a child safety zone before October 3,
2022 is exempt from the application of this article.
(b)
A
person subject to this article may seek an exemption from its application
by submitting a request in writing to the city secretary specifying
the background, reason, and scope of the requested exemption. The
city secretary may seek additional information from the requestor,
and shall issue a written determination on the requested exemption
within 10 business days from the filing of the request. The requestor
may appeal to the city council from the determination of the city
secretary by filing such appeal request in writing to the city secretary
within 10 business of the city secretary’s determination.
(c)
It
is an affirmative defense to prosecution that any of the following
conditions apply:
(1)
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.
(2)
The person required to register on the database is a minor.
(3)
The child safety zone within 1,000 feet of the permanent or temporary
residence of the sex offender was designated, declared and/or determined
after the person established the permanent or temporary residence
and complied with all sex offender registration laws of the State
of Texas.
(4)
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.
(Ordinance 10032022-01, sec. 6,
adopted 10/3/22)
Any person, firm, corporation, agent, or employee thereof who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount in accordance with the general penalty provided in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ordinance 10032022-01, sec. 7,
adopted 10/3/22; Ordinance adopting
2023 Code)
All of the regulations provided in this article are hereby declared
to be governmental and for the health, safety, and welfare of the
general public. Any member of the city council or any city official
or employee charged with the enforcement of this article, acting for
the city in the discharge of his/her duties, shall not thereby render
himself/herself personally liable, and he/she is hereby relieved from
all personal liability for any damage that might accrue to persons
or property as a result of any act required or permitted in the discharge
of his/her said duties.
(Ordinance 10032022-01, sec. 8,
adopted 10/3/22)
Any violation of this article can be enjoined by a suit filed
in the name of the city in a court of competent jurisdiction, and
this remedy shall be in addition to any penal provision in this article
or in the code of the city.
(Ordinance 10032022-01, sec. 9,
adopted 10/3/22)
