In this article the following words, terms and phrases shall have the following meanings:
Child safety zone.
Has the same meaning as defined by state law in the Texas Local Government Code § 341.906. In addition, this phrase includes any area of real property constituting a playground, public or private day care center, public or semi-public swimming pool, public park, public or private school, any video arcade facility, and any youth center as such terms are defined by Texas Health and Safety Code § 481.134. For purposes of this article, landscaped street medians are not public parks.
Day care center.
A facility providing care, training, education, custody, treatment, or supervision for thirteen (13) or more children for less than twenty-four (24) hours a day.
Juvenile.
Any person younger than seventeen (17) years of age.
Permanent residence.
A place where a person abides, lodges or resides for thirty (30) or more consecutive days.
Sex offender database.
Means the National Sex Offender Registry and each of the sex offender registries in the United States maintained by the individual states and territories.
Temporary residences.
A place where a person abides, lodges or resides for a period of fourteen (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, lodges or resides. Such definition also includes a place where a person abides, lodges or resides for a period of four (4) or more consecutive days.
(Ordinance 2026-01-20-01 adopted 1/20/2026)
(a) 
It is unlawful for a person to establish a permanent or temporary residence within 2,000 feet of any child safety zone if the person is required to register on any sex offender database.
(b) 
It is unlawful for any person with actual knowledge that another person is listed on the sex offender database to intentionally act to aide or attempt to aide a person required to register on the sex offender database in violating this article.
(c) 
It is unlawful to let or rent any place, structure or part thereof, in the city limits of the city, 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 2,000 feet of any child safety zone or premises where children commonly gather.
(d) 
It is unlawful for any person who must register or whose name is on the sex offender database to participate in public events celebrating the holiday known as Halloween, including giving out candy or other edible products or gifts or prizes to non-related children during the holiday and in the custom known as trick or treating, trunk or treat, and any other similar events. During Halloween, any such person must leave the outside property light off and not answer the door for juveniles participating in the Halloween holiday.
(e) 
Nothing in this article shall require any person to sell or otherwise dispose of any real estate or home acquired or owned prior to the conviction that required the person to register on a sex offender database or in which they legally resided prior to the effective date of this article extending the child safety zone to 2,000 feet.
(Ordinance 2026-01-20-01 adopted 1/20/2026)
(a) 
It shall be prima facie evidence that this article applies to a person if that person's record appears on the sex offender database.
(b) 
For the purposes of determining the minimum distance separation within this article, the requirement shall be measured using a straight line from the outer property line of the location of the person who must register on the sex offender database to the nearest property line of the premises where children commonly gather or child safety zone, as described herein.
(Ordinance 2026-01-20-01 adopted 1/20/2026)
Unless otherwise specified in this article, neither allegation nor evidence of a culpable mental state is required for proof of any offense defined by this article.
(Ordinance 2026-01-20-01 adopted 1/20/2026)
It is defense to prosecution under this article that any of the following conditions apply:
(1) 
The person required to register on the sex offender database established the permanent 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 sex offender database was a juvenile when he or she committed the offense requiring such registration and was not convicted as an adult.
(3) 
The child safety zone, as specified herein, within 2,000 feet of the permanent residence of the person required to register on the sex offender database did not qualify as a child safety zone until after the person established the permanent residence.
(4) 
The information on the sex offender database is incorrect, and, if corrected, this article would not apply to the person who was erroneously listed on the database.
(5) 
The person was at the time of the violation subject to community services supervision pursuant to Section (c)(1)(B) of Article 42.453 of the Texas Code of Criminal Procedure, as amended, and a court order reduced or waived the 1,000-foot restriction for a child free zone under Section (c)(1)(B) of Article 42.543 of the Texas Code of Criminal Procedure, as amended, as it applies to the person's residence.
(Ordinance 2026-01-20-01 adopted 1/20/2026)
A person who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed $500 for each offense, and each and every violation or day such violation shall continue or exist shall be deemed a separate offense.
(Ordinance 2026-01-20-01 adopted 1/20/2026)