For purposes of this article, the following terms, words, and the derivations thereof shall have the meanings given below:
Minor
means a minor is a person younger than 17 years of age.
Permanent residence
means a place where a person abides, lodges or resides for 14 or more consecutive days.
Temporary residence
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 four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(Ordinance 06-62, § 2, adopted 6/27/2006)
For each person required to register on the state department of public safety's sex offender database (the "database") because of a violation involving a victim who was less than 18 years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 2,000 feet of any premises where children commonly gather, which, for purposes of this article, shall be a public park or playground or private or public school or day-care center, public or private youth center, public swimming pool or video arcade facility, as such terms are defined in the town's comprehensive zoning Ordinance 05-20, as it exists or may be amended. If any term used herein is not defined in the town's comprehensive zoning ordinance, the term(s) shall have the meaning ascribed by V.T.C.A. Health and Safety Code, § 481.134, as it exists or may be amended. For the purposes of this article, planted street medians are not public parks.
(Ordinance 11-005, adopted 1/11/2011)
(a) 
It shall be prima facie evidence that this article applies to such a person if that person's record appears on the database and the database indicates that the victim was less than 16 years of age.
(b) 
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 permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein above, 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.
(c) 
A map depicting the prohibited areas shall be maintained by the town and made available to the public at the town police department. The town shall review the map at least annually for changes.
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article.
(Ordinance 06-62, § 2, adopted 6/27/2006)
It is an affirmative defense to prosecution 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, as they exist or may be amended, prior to the date of the adoption of this article; provided, however, such person shall be required to continuously maintain compliance with all of the sex offender registration laws of the state as they exist or may be amended, after 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 2,000 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 sex offender registration laws of the state, as they exist or may be amended. Such person shall be required to continuously maintain compliance with all of the sex offender registration laws of the state, as they exist or may be amended.
(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.
(Ordinance 11-005, adopted 1/11/2011)
Any person violating any provision of this article, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined in a sum not to exceeding $500.00, and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation.
(Ordinance 06-62, § 3, adopted 6/27/2006)