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.
City.
The City of Bellville, Texas.
Playground.
Any outdoor 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.
Premises.
Real property and all buildings and appurtenances pertaining to the real property.
Registered sex offender.
An individual who is required to register as a sex offender under chapter 62, Code of Criminal Procedure.
School.
A private or public elementary or secondary school or a day-care center, as defined by section 42.002, Human Resources Code.
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 1692 adopted 6/20/2023)
(a) 
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.
(b) 
A registered sex offender who established residency in a residence located within 1,000 feet of a child safety zone before the date this section was adopted is exempt from the prohibition found in this section. However, the exemption only applies to:
(1) 
Areas necessary for the registered sex offender to have access to and to live in the residence; and
(2) 
The period the registered sex offender maintains residency in the residence.
(Ordinance 1692 adopted 6/20/2023)
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 the 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 1692 adopted 6/20/2023)
(a) 
Any person who violates this article shall be guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not to exceed five hundred dollars ($500.00).
(b) 
Each day's violation shall constitute a separate offense. The penal provisions under this article shall not preclude the city 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 1692 adopted 6/20/2023)
(a) 
A registered sex offender may submit a written request to the chief of police requesting an exemption from the requirements of this article. The chief of police shall review the request and determine, in the chief of police's sole discretion, whether to grant the exemption request. When evaluating the exemption request, the chief of police shall consider the public safety and general welfare of the community.
(b) 
A registered sex offender who disagrees with the determination of the chief of police may appeal the decision to the city council. An appeal request must be submitted in writing to the city secretary no later than ten (10) days after the date of the chief of police's determination.
(Ordinance 1692 adopted 6/20/2023)