§ 132.01. DEFINITIONS.

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

CHILD or MINOR means a person younger than 17 years of age.

CHILDREN means persons younger than 17 years of age.

CITY means the City of Kirby, Texas.

DATABASE means the Texas Department of Public Safety's sex offender database.

DAY CARE CENTER means a child care facility that provides care for 1 or more persons under 14 years of age who are not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of a 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.

LOITER means remaining within 300 feet of Premises Where Children Commonly Gather under circumstances that would warrant a reasonable person to believe that the purpose or effect of such behavior is to facilitate or conceal illegal activity.

PERMANENT RESIDENCE means a place where a person abides, lodges, or resides for 14 or more consecutive days.

PLAYGROUND means any outdoor facility that is not on the premises of a school and that:

(1)

Is intended for recreation;

(2)

Is open to the public; and

(3)

Contains 3 or more separate apparatus intended for the recreation of children, such as slides, swing sets, and teeterboards.

PREMISES includes all improved and unimproved areas of real property.

PREMISES WHERE CHILDREN COMMONLY GATHER means a public or private park, school, playground, day care center, video arcade facility, public or private youth center, or neighborhood or public swimming pool.

PRIVATE PARK includes a park, pool, playground, skate park, or youth athletic field owned by a residential property owners association or for which an entrance, admission, or rental fee is charged.

PROPERTY OWNER means any owner of record, any person who has contractual responsibility for the property, or any person who has the legal right of possession of the property.

PUBLIC PARK means any park or athletic field owned, leased, or operated by the City.

REPORTABLE CONVICTION or ADJUDICATION means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on a violation of Sections 21.02 (Continuous Sexual Abuse of Young Child or Children), 21.11 (Indecency with a Child), 22.011 (Sexual Assault), 22.021 (Aggravated Sexual Assault), or 25.02 (Prohibited Sexual Conduct) of the Texas Penal Code.

SCHOOL shall mean a public or private elementary or secondary school.

SEX OFFENDER means a person with a reportable conviction or adjudication who is required to register with the Texas Department of Public Safety under the provisions of Chapter 62 of the Texas Code of Criminal Procedure because of a violation involving a victim who was a minor.

TEMPORARY RESIDENCE means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the permanent address of such person, or a place where a person routinely abides, resides, or lodges for a period of 4 or more consecutive or non-consecutive days in any month and which is not the permanent residence of such person.

VIDEO ARCADE FACILITY means any facility that:

(1)

Is open to the public, including persons who are younger than 17 years of age; and

(2)

Is intended primarily for the use of pinball or video machines; and

(3)

Contains at least 3 pinball or video machines.

YOUTH CENTER means any recreational facility or gymnasium that:

(1)

Is intended primarily for use by persons who are younger than 17 years of age; and

(2)

Regularly provides athletic, civic, or cultural activities.

( Ord. No. O-2016-780 , § 2, 2-11-2016)