(a) In this section:
(1) DWELLING means a structure or building occupied as a residence.
(2) DWELLING UNIT means one or more rooms in a single-family, duplex, townhouse, or multifamily dwelling that:
(A) are designed to be a single housekeeping unit to accommodate one family; and
(B) contain one or more kitchens, one or more bathrooms, and one or more bedrooms.
(3) MULTIFAMILY DWELLING means a multifamily use as defined in Section 51A-4.209(b)(5) of the Dallas Development Code, as amended.
(4) REGISTERED SEX OFFENDER means any person registered or required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, as amended.
(b) A person who is a registered sex offender commits an offense if the person resides, either temporarily or permanently, in the same dwelling unit with another registered sex offender.
(c) The owner, operator, or person in control of a dwelling unit commits an offense if he or she, either personally or through an employee or agent, allows a registered sex offender to reside, either temporarily or permanently, in the dwelling unit with another registered sex offender.
(d) It is a defense to prosecution under Subsection (b) or (c) that:
(1) all registered sex offenders residing in the dwelling unit were related to each other by one or any combination of the following:
(A) blood;
(B) marriage;
(C) adoption; or
(D) foster care under a placement program authorized by the Texas Department of Family and Protective Services pursuant to Chapter 264, Subchapter B of the Texas Family Code, as amended;
(2) the violation for which the sex offender was required to register was the only sex crime on the sex offender’s record and, at the time of that violation, the victim in the case was:
(A) between 14 and 17 years of age;
(B) a willing participant in the sexual activity; and
(C) not more than four years younger than the registered sex offender; or
(3) the dwelling unit was a lawfully established and lawfully operating:
(A) halfway house, as defined in Section 51-4.204(5) or 51A-4.204(13) of the Dallas Development Code, as amended;
(B) overnight general purpose shelter, as defined in Section 51A-4.205(2.1) of the Dallas Development Code, as amended;
(C) homeless assistance center, as defined and authorized in Section 51P-357.108 of the Dallas Development Code, as amended; or
(D) institute for special education that holds a valid certificate of occupancy specifically for that use and that operates a program approved by the State of Texas for the housing, rehabilitation, and training of criminal offenders.
(e) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (Ord. 28065)