§ 20-83. Sex offender residency prohibition; penalty; and defenses.

(a)

Establishing residence in certain areas prohibited. If a person is required to register on the department of public safety's sex offender database because of a violation involving a victim who was less than sixteen (16) 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 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 V.T.C.A., Health and Safety Code § 481.134. It shall be prima facie evidence that this chapter applies to such a person if the person's record appears on the database and the database indicates that the victim was less than sixteen (16) years of age.

(b)

Maintaining residence in certain areas prohibited. If a person is required to register on the department of public safety's sex offender database because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to maintain a permanent residence or temporary residence within one thousand (1,000) feet of any 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 V.T.C.A., Health and Safety Code § 481.134. It shall be prima facie evidence that this chapter applies to such a person if the person's record appears on the database and the database indicates that the victim was less than sixteen (16) years of age.

(c)

Determining minimum distance separation. For the purpose 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, or in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, which ever is closer to the nearest property line of the premises where children commonly gather, as described herein.

(d)

Violation. Each day that a permanent residence or temporary residence is maintained in violation of subsection 20-72(b) shall constitute a separate violation.

(e)

Penalty. Any person violating a provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty section 1-11 of this Code.

(f)

Defenses. Nothing in this section shall be interpreted to modify or reduce the state's child safety ban. a person, as described in subsections (a) or (b), residing within one thousand (1,000) feet of those places where children commonly gather does not commit a violation of this chapter if any of the following apply:

(1)

The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date of adoption of the ordinance from which this section derives;

(2)

The person was a minor when he/she committed the offense and was not convicted as an adult;

(3)

The person is a minor;

(4)

The premises where children commonly gather, as specified herein, within one thousand (1,000) feet of the person's permanent or temporary residence 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 person provides adequate documentation showing that the information on the database is incorrect and that, if corrected, this chapter would not apply to the person.

(Ord. No. 1267, § 1, 5-18-06; Ord. No. 1267-1, § 2, 7-23-07)