(A) It is unlawful for any person who has been convicted by a court of competent jurisdiction of a violation of Texas Penal Code Articles 21.11, 22.011, 22.021, 25.02, and/or 43.25, regardless of whether the adjudication was deferred, in which the victim of the offense was less than 16 years of age, to establish a permanent residence or temporary residence within 1,000 feet of any premises where children commonly gather, including but not limited to, a primary or secondary public or private school, day-care facility, playground, public or private youth center, public swimming pool, park, ballpark or video arcade facility, as those terms are defined in the State of Texas Health and Safety Code, Article 481.134.
(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.
(C) Exceptions. It shall be an affirmative defense to a prosecution for a violation of this section 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 this section.
(2) The person was a minor when he or 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 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 the sex offender registration laws of the State of Texas.
(Ord. O-2007-006, passed 6-12-07; Am. Ord. O-2019-003, passed 1-22-19) Penalty, see § 130.99.