For the purposes of this article, the following items, words, and the derivations thereof shall have the meanings given herein.
Minor.
A person younger than seventeen (17) years of age.
Permanent residence.
A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
Temporary residence.
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, 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 17-0921 adopted 9/21/17)
(a) 
For each person required to register as a sex offender pursuant to chapter 62 of the Texas Code of Criminal Procedure on the Texas Department of Public Safety’s Sex Offender Database (“database”) as a result of a reportable conviction or adjudication involving a victim younger than seventeen (17) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within one thousand (1,000) feet of any defined premises where children commonly gather, including, but not limited to, a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in article 481.134 of the Texas Health and Safety Code.
(b) 
It is unlawful to rent, lease, or let any place, structure or part thereof, with 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 by a person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this article [sic], if such place, structure or part thereof, is located within one thousand (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, or public swimming pool, as those terms are defined in article 481.134 of the Texas Health and Safety Code.
(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 17-0921 adopted 9/21/17)
(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 younger than seventeen (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 hereinabove, 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 hereinabove.
(c) 
A map indicating the prohibited areas shall be created by the city and maintained by the city police department. The city shall review the map annually for changes. Said map will be available to the public at the city police department.
(Ordinance 17-0921 adopted 9/21/17)
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, 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.
(5) 
If 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 17-0921 adopted 9/21/17)