(A) It is unlawful for any person who has been convicted of a violation of Tex. Penal Code, Art. 43.25, Tex. Penal Code, Art. 43.26, Tex. Penal Code, Art. 21.08, Tex. Penal Code, Art. 21.11,Tex. Penal Code, § 21.011, Tex. Penal Code, § 22.021 and Tex. Penal Code, Art. 25.02, 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 school, day care facility, playground, public or private youth center, public swimming pool, or video arcade facility, as those terms are defined in Tex. Health and Safety Code, Art. 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: a person residing within 1,000 feet of those places where children commonly gather, as specified herein 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, prior to the date of the adoption of this chapter;
(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; or
(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 sex offender registration laws of the state.
(Ord. 2005-09, passed 12-28-2005) Penalty, see § 131.99