§ 17-33. Sexual offenders residence prohibition; penalties: exceptions.

(a)

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 premises where children commonly gather, including a school, day care facility, playground, public or private, youth center, public swimming pool, or video game facility, as those terms are defined in V.T.C.A., Health and Safety Code § 481.134. It shall be prima facie evidence that this article 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)

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 residence on one (1) property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein.

(c)

Penalties. Any person who violates this article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00).

Exceptions. Nothing in this article shall be interpreted to modify or reduce the state's child safety ban. A person, as described in subsection (a), residing within one thousand (1,000) feet of those places where children commonly gather does not commit a violation of this article 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 the adoption of this article.

(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 the all sex offender registration laws of the State of Texas.

(5)

The person proves that the information on the database is incorrect and that, if corrected, this article would not apply to the person.

(Ord. No. 2006-08, § 3, 7-10-2006)