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<br />Temporary residence means a place where the person abides, <br />lodges or resides for a period of fourteen (14) or more days in <br />the aggregate during any calendar year and which is not the <br />person's permanent address, or a place where the person <br />routinely abides, resides or lodges for a period of 4 or more <br />consecutive or nonconsecutive days in any month and which is not <br />the person's permanent residence. <br /> <br />Sec. 42-104. <br />Exceptions. <br /> <br />Sex Offender Residency Prohibition; Penalty; and <br /> <br />(a) If a person is required to register on the Department <br />of Public Safety's Sex Offender Database because of a <br />violation involving a victim who was less than sixteen (16) <br />years of age, it is unlawful for that person to establish a <br />permanent residence or temporary residence within 1000 feet <br />of any premises where children commonly gather, including a <br />playground, school, day care facility, video arcade <br />facili ty, public or private youth center, or public <br />swimming pool, as those terms are defined in Article <br />481.134 of the Health and Safety Code of the Sate of Texas. <br />It shall be prima facie evidence that this Article applies <br />to such a person if the person's record appears on the <br />Database and the Database indicates that the victim was <br />less than sixteen (16) years of age. <br /> <br />(b) For the purpose of determining the minimum distance <br />separation, the requirement shall be measured by following <br />a straight line from the outer property line of the <br />permanent or temporary residence to the nearest property <br />line of the premises where children commonly gather, as <br />described herein, or in the case of multiple residences on <br />one property, measuring from the nearest wall of the <br />building or structure occupied or the parking/driveway, <br />whichever is closer to the nearest property line of the <br />premises where children commonly gather, as described <br />herein. A map generally depicting the prohibited areas is <br />attached to this ordinance for representation purposes. <br />The City shall review the map at least annually for <br />changes, and it will be available at the La Porte Police <br />Department. <br /> <br />(c) Nothing in this ordinance shall be interpreted to <br />modify or reduce the State's child safety zone ban. <br /> <br />(d) Neither allegation nor evidence <br />state is required for the proof of <br />this Article. <br /> <br />of a culpable mental <br />an offense defined in <br />