The findings and recitations set out in the ordinance from which this article derives are found to be true and correct and they are hereby adopted by the city council and made a part hereof for all purposes as findings of fact. The city council further finds that certain predator sex offenders are likely to repeat offenses, to have many more victims than are ever reported, and to be prosecuted for only a fraction of their actual sexual offenses. The city council further finds that many children lack the ability to protect themselves from predatory sex offenders. The council further finds that the safety of children is paramount, and the restrictions provided in this article will serve the public safety of the children and the public welfare by providing some peace of mind to parents.
[Ordinance 24-3771 adopted 11/12/2024]
For the purposes of this article, the following definitions apply:
Database.
The central database, also known as the state department of public safety public sex offender database, required to be maintained by the state department of public safety pursuant to article 62.005 of the Texas Code of Criminal Procedure, as amended.
Day care center.
A childcare facility that is registered, licensed, or listed by the state.
Minor.
A minor is a person younger than 17 years of age.
Permanent residence.
A place where a person abides, lodges, or resides for 14 or more consecutive days.
Person.
Includes an individual, firm, corporation, or other business entity.
Premises where children commonly gather.
Includes, but is not limited to, public parks, playgrounds, private and public schools, amusement arcades, video arcade facilities and youth centers, indoor and outdoor amusement centers that cater primarily to children, amusement parks, public swimming pools, childcare facilities, and day care centers, as defined in sections 341.0646 and 481.134 of the Texas Health and Safety Code and section 42.002 of the Texas Human Resources Code. For the purposes of this article, planted street medians are not public parks.
Recurring visitor.
A person who on at least three occasions during any month spends more than 48 consecutive hours in the city.
Registrant.
A person who has a reportable conviction or adjudication or who, pursuant to chapter 62 of the Texas Code of Criminal Procedure, is required to register with the state department of public safety's database as a condition of parole, release to mandatory supervision, or community supervision.
Reportable conviction or adjudication.
A conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on those enumerated offenses set forth in article 62.001(5) of the Texas Code of Criminal Procedure, as amended.
Temporary residence.
(1) 
A place where a person abodes, 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
(2) 
A place where a person routinely abodes, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
[Ordinance 24-3771 adopted 11/12/2024]
(a) 
It shall be unlawful for a registrant to establish a permanent residence or temporary residence within 1,000 feet of any premises where children commonly gather.
(b) 
It is unlawful for any person to lease, rent, or otherwise provide any residence, dwelling, 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 a registrant.
(c) 
Halloween: A registrant shall not on each October 30th and 31st (or any other date set by the city for trick-or-treaters) between the hours of 4:00 p.m. and 11:00 p.m. leave an exterior porch light on or otherwise invite trick-or-treaters to solicit the premises.
[Ordinance 24-3771 adopted 11/12/2024]
(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 purposes of determining the minimum distance separation, the distance 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. Provided that, in the case of multiple residences on one property, measurement shall be from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer, following a straight line to the nearest property line of the premises where children commonly gather.
(c) 
In cases of a dispute over measured distances, the burden shall be upon the person challenging the measurement to prove otherwise.
(d) 
A map depicting the 1,000-foot child safety zones shall be maintained by the city, and it shall be reviewed, updated, or modified as deemed necessary by the chief of police or their designee. A copy of this map will be available to the public at the city police department and on the city's website.
[Ordinance 24-3771 adopted 11/12/2024]
It is an affirmative defense to prosecution that any of the following conditions apply, provided that there is no court order in effect applicable to the registrant that provides otherwise:
(a) 
The registrant 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.
(b) 
The registrant was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(c) 
The registrant is a minor.
(d) 
The premises where children commonly gather, as specified herein, within 1,000 feet of the registrant's permanent or temporary residence, was opened after the registrant established the permanent or temporary residence, and the registrant has complied with all sex offender registration laws of the state.
(e) 
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 24-3771 adopted 11/12/2024]
(a) 
A person may request a variance from the terms of this article based upon the grounds set forth herein.
(b) 
A request for a variance from the terms of this article shall be submitted in writing to the city secretary and shall include the following information:
(1) 
The person's name and address;
(2) 
The offense(s) requiring registration on the database for which the person was convicted;
(3) 
Date(s) of conviction(s);
(4) 
The specific grounds supporting the person's request for a variance; and
(5) 
Any other information requested by the city.
(c) 
The police captain responsible for sex offender registration may grant a variance request based upon the grounds set forth in section 8.07.005 and shall issue a written ruling on a variance request within 15 business days of receiving a completed application.
(d) 
The captain's ruling may be appealed to the chief of police by submitting a written request for appeal to the city secretary within ten days from the date of the captain's ruling or the deadline for issuance of a ruling, in the event the captain does not make a ruling within the required time period. Upon receipt of a written appeal, the city secretary shall deliver the appeal to the chief of police.
(e) 
In addition to the grounds set forth in section 8.07.005, the chief of police may grant a variance if they find that the facts and circumstances demonstrate that the registrant's temporary or permanent residence within the child safety zone will not be a danger to children. The person requesting the variance shall be notified of the chief of police's decision in writing. The decision of the chief of police is final.
(f) 
A variance granted under this section may include waiving the application of section 8.07.003 to the registrant, or reducing the size of the safety zone as it applies to the registrant.
[Ordinance 24-3771 adopted 11/12/2024]
Any person who violates a provision of this article shall be guilty of a class C misdemeanor and upon conviction of such violation shall be punished by a penalty in accordance with the general penalty provided in section 1.01.009 of this code for each offense. Each day the violation continues shall constitute a separate offense.
[Ordinance 24-3771 adopted 11/12/2024]