§ 134.02  OFFENSES.
   (A)   Sex offender residency regulations. For each person required to register on the Texas Department of Public Safety’s Sex Offender Database (the database) because of a violation involving a victim who was less than 17 years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any premise where children commonly gather, which, for purposes of this chapter, shall be a public park or playground or private or public school or day care center, public or private youth center, public swimming pool or video arcade facility. If any term used herein is not defined in the city’s Comprehensive Zoning Ordinance, the term(s) shall have the meaning ascribed by Tex. Health and Safety Code, § 481.134, as it exists or may be amended.  For the purposes of this chapter, PLANTED STREET MEDIANS are not public parks.
   (B)   Evidentiary matters; measurements.
      (1)    It shall be prima facie evidence that this chapter applies to such a person if that person’s record appears on the database and the database indicates that the victim was less than 17 years of age.
      (2)   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 herein above, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein.
      (3)   A map depicting the prohibited areas shall be maintained by the city and made available to the public at the Department of Public Safety. The city shall review the map at least annually for changes.
   (C)   Culpable mental state not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this chapter.
   (D)   Affirmative defenses. 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 of Texas, as they exist or may be amended, prior to the date of the adoption of this chapter; provided, however, that person shall be required to continuously maintain compliance with all of the sex offender registration laws of the State of Texas, as they exist or may be amended, after the adoption of this chapter;
      (2)   The person required to register on the database was a minor when he or she committed the offense requiring the 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 of Texas, as they exist or may be amended.  The person shall be required to continuously maintain compliance with all of the sex offender registration laws of the State of Texas, as they exist or may be amended; or
      (5)   The information on the database is incorrect, and, if corrected, this chapter would not apply to the person who was erroneously listed on the database.
(Ord. 060720A, passed 7- -2006 ; Ord. 081021D, passed 10-21-2008 )  Penalty, see § 134.99