For the purposes of this article, the following terms, words, and the derivations thereof shall have the meanings given herein.
Database
means a computerized central database, maintained by the department of public safety, containing information required for sex offender registration.
Minor
means 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 residences.
(Ordinance 3125, § 1, adopted 1/24/2011)
(a) 
For each person required to register as a sex offender pursuant to Chapter 62, Code of Criminal Procedure, because of a reportable conviction or adjudication involving a victim younger than 17 years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any defined premise where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in the Health and Safety Code of the State of Texas.
(b) 
It is unlawful to let or rent any place, structure or part thereof, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this article, if such place, structure or part thereof, is located within 1,000 feet of any premises where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, public swimming pool, as defined in the Health and Safety Code of the State of Texas.
(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 3125, § 1, adopted 1/24/2011)
(a) 
It shall be prima facie evidence that this section applies to such a person if that person's record appears on the database and the database indicates that the victim was younger the 17 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, the distance requirement shall be measured from the nearest portion of the building or structure used as a permanent or temporary residence by the sex offender or the parking lot or driveway providing access thereto, whichever is closest to the nearest property line of the premises where children commonly gather, as described herein above.
(c) 
A map depicting the prohibited areas shall be created by the city and maintained by the city. The city shall review the map annually for changes. Said map will be available to the public through the North Richland Hills Police Department.
(Ordinance 3125, § 1, adopted 1/24/2011)
It is an affirmative defense to prosecution if 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 of Texas, 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 sex offender registration laws of the State of Texas.
(5) 
The information on the database is incorrect, and, if corrected, this section would not apply to the person who was erroneously listed in the database.
(Ordinance 3125, § 1, adopted 1/24/2011)
Any person, firm, corporation, agent or employee thereof who commits an offense under the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed $500.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 3125, § 1, adopted 1/24/2011)
Any violation of this article can be enjoined by a suit filed in the name of the City of North Richland Hills 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 of North Richland Hills.
(Ordinance 3125, § 1, adopted 1/24/2011)