§ 78-42. Sexual offenders residence prohibited; exceptions.

(a)

It shall be unlawful for any person who is a sexual offender to establish a permanent residence or a temporary residence within 1,000 feet of any premises where children commonly gather, including, but not being limited to, a primary or secondary public or private school, a day care facility, playground, park, ball park, public or private youth center, public swimming pool or video arcade facility, as those terms are defined in V.T.C.A., Health and Safety Code § 481.134.

(b)

For the purpose of determining the minimum distance separation, the requirement shall be measured 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 in subsection (a).

(c)

It shall be an affirmative defense to a prosecution for a violation of subsection (a) if:

(1)

The person accused was a minor when the person committed the offense and was not convicted as an adult.

(2)

The person is a minor.

(3)

The permanent or temporary residence of the person accused was established before the effective date of this article and that person had complied with all the sex offender registration laws of the state prior to the effective date of this article.

(4)

The premises where children commonly gather, as specified herein, within 1,000 feet of the permanent or temporary residence of the person accused was opened after the person accused established that person's permanent or temporary residence and the person accused had complied with all the sex offender registration laws of the state prior to the opening of the premise where children commonly gather.

(Ord. No. 2006-6, § 1, 5-11-06)