For purposes of these regulations the following terms, words, and derivations thereof shall have the meanings given herein:
CHILD.
See "minor."
CHILD SAFETY ZONE.
A zone extending 1,000 feet from the property line of the following facilities: private and public schools, child daycare centers, private and public playground, public or private youth center, commercial and public swimming pools, video and amusement arcades, private and public parks, indoor and outdoor amusement centers catering primarily to minors, and amusement parks. The zone includes the facilities themselves.
DAY CARE CENTER.
A childcare facility that is registered, licensed, or listed by the state.
MINOR.
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.
An individual, firm, partnership, corporation, company, association, syndicate, or any legal entity, whether he, she, or it is acting for himself, herself, or itself or as the servant, employee, agent or representative of another.
PLAYGROUND.
Shall have the meaning assigned by V.T.C.A., Health and Safety Code Chapter 481.134, as amended.
TEMPORARY RESIDENCE.
A place where a person resides, lodges, or abides for a period of four or more consecutive or nonconsecutive days in any month, or for a period of less than 14 days in the aggregate during any calendar year, which is not the person's permanent residence.
SCHOOL.
Shall have the meaning assigned by V.T.C.A., Health and Safety Code Chapter 481.134, as amended.
SEX OFFENDER.
A person required to register on the state Department of Public Safety's "public" sex offender database under V.T.C.A., Code of Criminal Procedure Chapter 62 due to a reportable conviction or adjudication involving a victim younger than 17 years of age or a person who has been civilly committed as a sexually violent predator under V.T.C.A., Health and Safety Code Chapter 841 and is subject to outpatient treatment and supervision under that chapter.
VIDEO AND AMUSEMENT ARCADES.
Shall have the meaning assigned to video arcade facility by V.T.C.A., Health and Safety Code Chapter 481.134, as amended.
V.T.C.A.
The Vernon's Texas Codes Annotated or Vernon's Texas Codes and Statues Annotated as amended.
YOUTH CENTER.
Shall have the meaning assigned by V.T.C.A., Health and Safety Code Chapter 481.134, as amended.
(Ord. 2021-24, 4-27-2021)
(A) 
It is unlawful for a sex offender to establish a permanent or temporary residence within the child safety zone as defined in § 132.01.
(B) 
It is unlawful to lease, rent or otherwise provide any residence, dwelling, place, structure (or part thereof), manufactured home, trailer, or other habitation located in a child safety zone to a sex offender with the knowledge that it will be used as a permanent or temporary residence by such person.
(C) 
It is an offense for a sex offender to knowingly enter onto the premises of private and public schools, child daycare centers, private and public playground, public or private youth center, commercial and public swimming pools, video and amusement arcades, private and public parks, indoor and outdoor amusement centers catering primarily to minors, and amusement parks within the city limits of the city.
(D) 
A sex offender shall not leave on an exterior light or otherwise invite trick-or-treaters to solicit a permanent or temporary residence between the hours of 4:00 p.m. and 11:00 p.m. on each October 30 and 31, or any specific date set by the City Council for trick-or-treaters.
(Ord. 2021-24, 4-27-2021)
(A) 
It shall be prima facie evidence that this chapter applies to such a person if that person is a sex offender as defined in § 132.01.
(B) 
(1) 
For the purposes of determining the minimum child safety zone separation, the following shall apply:
(2) 
The distance shall be measured by following a straight line from the nearest property line of the permanent or temporary residence to the nearest property line of the facility where the child safety zone applies.
(C) 
A map, available in the city Police Department, depicting the child safety zones in the city shall be maintained and reviewed annually for changes by the city.
(Ord. 2021-24, 4-27-2021)
It is an affirmative defense to prosecution that any of the following conditions apply:
(A) 
The sex offender established the permanent or temporary residence and has complied with all of the sex offender registration laws of the state, prior to April 27, 2021. If the sex offender does not reside at the residence in question for a period of 180 consecutive days after April 27, 2021, this affirmative defense terminates and is no longer effective.
(B) 
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.
(C) 
The person required to register on the database is a minor.
(D) 
The facility to which the child safety zone applies was opened after the person established a permanent or temporary residence and the person is compliant with all sex offender registration laws of the state.
(E) 
The information on the database is incorrect, and if corrected, this chapter would not apply to the person who was erroneously listed on the database.
(Ord. 2021-24, 4-27-2021; Ord. 2021-28, 6-22-2021)