(A) It is unlawful for any person, who is required by law to register with the Texas Department of Public Safety sexual offender database because of a violation of law involving a victim or an intended victim who was 17 years of age or younger, to have a residence within 1,000 feet of any child area.
(B) For the purposes of division (A), measurement is made in a straight line, without regard to intervening structures or objects, from the nearest portion of the residence to the nearest property line of the child area. The Police Department will maintain a map showing the child areas on file at the Police Department.
(C) It is a defense to prosecution under this section that a person who has a residence within 1,000 feet of a child area:
(1) Is under 18 years of age, and
(a) Has the residence with the person's parent or guardian; or
(b) Has not been convicted of an offense after the effective date of the ordinance from which this chapter is derived that:
1. Requires the person to register under Tex. Code of Crim. Procedure, Art. 62.001(5); and
2. Involves a victim or intended victim who was 17 years of age or younger.
(2) Established the residence and complied with all the sexual offender registration laws of the State of Texas prior to the effective date of the ordinance from which this chapter is derived, and has not been convicted of an offense after the effective date of the ordinance that:
(a) Requires the person to register under Tex. Code of Crim. Procedure, Art. 62.001(5); and
(b) Involves a victim or intended victim who was 17 years of age or younger; or
(3) Established the residence and complied with all sexual offender registration laws of the State of Texas prior to the date a new child area is established, and has not been convicted of an offense after the effective date of the ordinance from which this chapter is derived, or the date the new child area is established, that:
(a) Requires the person to register under Tex. Code of Crim. Procedure, Art. 62.001(5); and
(b) Involves a victim or intended victim who was 17 years of age or younger.
(D) For purposes of division (C), a person is considered to have established residence at the correctional facility, as that term is defined under Tex. Penal Code § 1.07(14), in which the person is confined for a conviction of any criminal offense and for more than seven consecutive days after the effective date of the ordinance from which this chapter is derived.
(E) It is not a defense to prosecution under this section that a person, who is required to register as a sex offender under the Tex. Code of Criminal Procedure, was allowed by mistake or error of the City to register or verify a residence that is within 1,000 feet of any child area.
(Ord. 15-1134, passed 3-19-2015)